Terms & Conditions

INTRODUCTION

Welcome to www.moddys.in service provided by Moddy's Confectionery pvt.ltd in using the www.moddys.in service, of Moddy's Confectionery pvt.ltd you are deemed to have accepted the terms and conditions as follows.

All products/services and information displayed on www.moddys.in constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. www.moddys.in reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered.  No act or omission of www.moddys.in   prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. The sale of product(s) by www.moddys.in to you shall be complete when goods are delivered to you or to your transport agent/courier agency.

MEMBERS ELIGIBILITY

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who all are the “incompetent to the contract" within the meaning of Indian Contract Act 1872 including un-discharged insolvents etc. are not eligible to use the Site. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.www.moddys.in reserves the right to terminate your membership and refuse to provide you with access to the Site if www.moddys.in discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by www.moddys.in for any reason whatsoever. www.moddys.in makes no representation that any product/s or service/s referred to in the materials on this website are appropriate for use or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Membership is available to anyone who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a unique username and password. www.moddys.in does not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality.www.moddys.in allows one registered Membership per legitimate electronic mail address.  Must approve www.moddys.in  exceptions, including the uses of one e:mail address by multiple users.

Members may not have multiple accounts at same/multiple shipping addresses or IP addresses. Should you register more than one account, Moddys reserves the right to terminate all your accounts and/or orders and restrict you from system going forward.

Membership is non-transferable

Except where additional terms and conditions are provided which are product specific these terms and conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of  www.moddys.in  agree to be bound by the Terms and Conditions.

ACCOUNT AND REGISTRATATION OBLIGATIONS

"Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature.We will protect Your Information in accordance with our Privacy Policy.If you use the Site you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or Password.

www.moddys.in shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

If you know or suspect that, someone else knows your password you should notify us by contacting us immediately through the address provided below. If www.moddys.in has reason to believe that there is likely to be a breach of security or misuse of the www.moddys.in  Site, we may require you to change your password or we may suspend your account without any liability to www.moddys.in

You also agree to Provide true accurate current and complete information about yourself as prompted by Moddy's registration from (such information being the "Registration Data")Maintain and promptly updated the Registration Data to keep it true accurate current and complete. If   provide any information that is untrue, inaccurate incomplete or not current or if www.moddys.in has reasonable grounds to suspect that such information is untrue inaccurate, not current or not in accordance with the User Agreement. www.moddys.in has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

 PRICING INFORMATION

While www.moddys.in strives to provide accurate product and pricing information pricing or typographical errors may occur www.moddys.in cannot confirm the price of a product until after you order.In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, www.moddys.in shall have the right at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.

CANCELLATION Policy’s of MODDY'S

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right at our sole discretion to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged the said amount will be reversed back in your in your Card Account. The customer agrees not to dispute the decision made by Moddys confectionary Pvt ltd and accept moddy's.in’s decision regarding the cancellation Products once dispatched cannot be returned except when an approval have given through support@www.moddys.in

CREDIT CARD DETAILS

You agree, understand and confirm that the credit card details provided by you for availing of services on www.moddys.in will be correct and accurate and you shall not use the credit card which is not lawfully owned by you i.e. in a credit card transaction you must use your own credit card.You further agree and undertake to provide the correct and valid credit card details to www.moddys.in Further, the said information will not be utilized and shared by www.moddys.in with any of the third parties unless required by law regulation on court order.

www.moddys.in will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.

FRAUDULENT /DECLINED TRANSACTIONS

www.moddys.in reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

www.moddys.in reserves the right to recover the cost of goods collection charges and lawyers fees from persons using the Site fraudulently

ELECTRONIC COMMUNICATIONS

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, SMS's or by posting notices on the Site. You agree that all agreements notices disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

YOU AGREE AND CONFIRM/SALE AND TRANSFER OF OWNERSHIP

On acceptance of the order of the customer the company shall make sale? Ex-works?. The sale shall be deemed to have been completed between Company & Customer at the time of delivery of goods to the customer or its agent. It is categorically stated that the ownership in goods shall stand transferred upon delivery of goods by the company to the customer or its agent. For the convenience of the customer and for making safe delivery of product to the customer address, the company has made arrangement with reputed courier agencies. In the absence of any direction by the customer to the contrary, the company shall deliver the goods to any of such courier agency which shall be considered as agents of the customers? For all purposes and the customer hereby gives consent to deliver the goods to any such courier company and avail benefit of the arrangement made by the company.  For the purpose of delivery of goods, the company shall recover delivery charges which shall be separately charged in the invoice. However, delivery charges shall be subject to maximum or as may be decided by company time to time. You will provide authentic and true information in all instances where such information is requested of you www.moddys.in reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to reject the registration and debar you from using the Services of www.moddys.in  and / or other affiliated websites without prior intimation whatsoever.

You will provide authentic and true information in all instances where such information is requested of you www.moddys.in  reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to reject the registration and debar you from using the Services of www.moddys.in and or other affiliated websites without prior intimation whatsoever.

That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site. That the address at which delivery of the product ordered by you is be made will be correct and proper in all respects.

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by www.moddys.in  for  redelivery shall be claimed from you. That you will use the services provided bywww.moddys.in its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.That before placing an order you will check the product description. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description.www.moddys.in reserves the right to send across news letter to you apart from your other subscriptions.www.moddys.in  may put advertising style sheets into any mail box www.moddys.in  shall ensure at all points of time that these style sheets shall not contain offensive material of any kind. You acknowledge consent and agree thatwww.moddys.in  may access preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to Comply with legal process

a.    Enforce the Terms of service

b.    Respond to claims that the content violates the right of the supplier

c.    Respond to rights for customer service or

d.    Protect the right, property or personal safety of www.moddys.in  its users and the public

You may not use the Site for any of the following purposes:

Unauthorized access with other computers systems. Interfering with any other person's use or enjoyment of the Site. Breaching any applicable laws interfering or disrupting networks or web sites connected to the site. Making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.

COLORS & ADVERTISING TRAILERS

We have made every effort to display the colors of our products that appear on the Site as accurately as possible However as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.We have displayed the Advertising trailers in our invitation and on our site. These advertising trailers produced by us are for the promotion of the sale of the products offered by us on our site. However, the actual colors and the produced advertising trailers you see will depend on your monitor and your computer's technical condition we cannot guarantee that your monitor's display of any color of the advertisement will be accurate.

MODIFICTION OF TERMS AND CONDITIONS OF SERVICE

www.moddys.in  may at any time modify the User Agreement without any prior notification to you Subsequent to any modification of the User Agreement we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on www.moddys.in

You can access the latest version of the User Agreement at any given time on www.moddys.in  You should regularly review the Use Agreement on www.moddys.in In the event the modified User Agreement is not acceptable to you should discontinue using the service. However if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Use Agreement.

GOVERNING LAW AND JURISDICTION

The Use Agreement shall be construed in accordance with the applicable laws of India.

The Courts at Ooty shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise of any terms of this User Agreement between the parties here to same shall be referred to an independent arbitrator who will be appointed by the company Moddy's Confectionery pvt ltd. and his decision shall be final and binding on the parties hereto.The above arbitration shall be in accordance with the Arbitration and Conciliation Act. 1996 as amended from time to time. The arbitration shall be held in OOTY.

REVIEWS, FEEDBACK, SUBMISSIONS

All reviews, comments feedback postcards suggestion ideas and other submissions disclosed submitted or offered to   www.moddys.in  or by this Site or otherwise disclosed submitted or offered in connection with your use of this Site (Collectively the "Comments") shall be and remain www.moddys.in  property. Such disclosure submission or offer of any Comments shall constitute an assignment to  www.moddys.in  of all worldwide rights titles and interests in all copyrights and other intellectual properties in the Comments. Thus www.moddys.in  owns exclusively all such rights, titles and interest and shall not be limited in any way in its use commercial or otherwise of any Comments www.moddys.in  will be entitled to use reproduce disclose modify adapt create derivative works from publish display and distribute any Comments you submit for any purpose whatsoever without retraction and without compensating you in any way www.moddys.in  is and shall be under no obligation. To maintain any Comments in confidence to pay you any compensation for any Comments or to respond to any Comments You agree that any Comment submitted by you to the Site will not violate this policy or any right of any third party including copyright trademark privacy or their personal or propriety right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the site will be or will contain libelous or otherwise unlawful threatening abusive or obscene material or contain software viruses political campaigning commercial solicitation chain letters mass mailings or any form of "spam".www.moddys.in does not regularly review posted Comment but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant www.moddys.in  the right to use the name that you submit in connection with any Comments. You agree not to use a false email address impersonate any person or entity. Or otherwise mislead as to the origin of any Comments you submit you are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify www.moddys.in  and  its affiliates for all claims resulting from any Comments you submit www.moddys.in and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

COPYRIGHT & TRADEMARK

www.moddys.in  and its suppliers and licensors expressly reserve all intellectual property right in all text programs, products processes technology content and other materials which appear on this Site Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of www.moddys.in  or any third party's intellectual property rights. All rights including copyright in this website are owned by or licensed to www.moddys.in  Any use of this website or its contents including copying or storing it or them in whole or part other than for your own personal non-commercial use is prohibited without the permission of www.moddys.in  You may not modify, distribute or re-post anything on this website for any purpose.

The www.moddys.in names and logos and all related product and service names design marks and slogans are the trademarks or service marks of the Moddys confectionary Pvt. Ltd All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials constrained on this Site Access to this Site does not authorize anyone to use any name logo or mark in any manner. All materials including images text illustration designs, icon, photographs programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively the "Contents") are intended solely for personal non-commercial use. You may download or copy the Contents any other downloadable materials displayed on the Site for your personal use only. No right title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above) publish, transmit, distribute display, modify, create derivative works from sell or participate in any sale of or exploit in any way, in whole or in part any of the Contents, of the Site or any related software. All software used on this Site is the property of  or its suppliers and protected by Indian and international copyright laws.

The Contents and software on this Site may be used only as a shopping resource any other use including the reproduction modification distribution, transmission, republication, display, or performance of the Contents on this Site is strictly prohibited Unless otherwise noted all Contents are copyrights trademarks trade dress and/or other www.moddys.in  intellectual property owned, controlled or licensed by www.moddys.in  one of its affiliates or by suppliers who have licensed their materials to www.moddys.in and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Site is the exclusive property of www.moddys.in  and is protected by Indian and international laws.

Objectionable Material

You understand that by using this Site or any services provided on the Site. You encounter Content that may be deemed by some to be offensive indecent or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law www.moddys.in  and its affiliates shall have no liability to you for Content that may be deemed offensive indecent or objectionable to you.

INDEMNITY

You agree to defend indemnify and hold harmless www.moddys.in , its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions which may result in any loss of liability to www.moddys.in  or any supplier including but not limited to breach of any warranties, representations or undertakings or in relation to limited to fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

TERMINATION

This User Agreement is effective unless and until terminated by either you or www.moddys.in .You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site www.moddys.in  may terminate this User Agreement at any time and may do so immediately without notice and accordingly deny you access to the Site, such termination will be without any liability to www.moddys.in .Upon any termination of the User Agreement by either you of www.moddys.in you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Use Agreement or otherwise www.moddys.in  right to any Comments shall survive any termination of this User Agreement (The highlighted statement can be deleted subject to your requirements).Any such termination of there User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the user Agreement. You agree that www.moddys.in  may, under certain circumstances and without prior notice, immediately terminate your www.moddys.in  account, any associated email address, and access to the Service; Cause for such termination shall include, but not be limited to Breaches or violations of the Terms of Service or other incorporated agreements or guidelines. Request by law enforcement or other government agencies.

A request by (self-initiated account deletions) Discontinuance or material modification to the Service (or any part thereof). Unexpected technical or security issues or problems, and extended periods of inactivity. Termination of your account includes. Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof) and barring further use of the Service. Further, you agree that all terminations for cause shall be made in www.moddys.in sole discretion and that www.moddys.in shall not be liable to you or any third party for any termination of your account any associated email address or access to the Service.

LIMITATON OF LIABILITY AND DISCLAIMERS

You use of the service is at your sole risk. The service is provide on an "as is" and "as available" basis www.moddys.in expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You must bear the risks associated with the use of the Site. The Site provides content from other internet sites or resources and while www.moddys.in tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case www.moddys.in  will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer does not apply to any product warranty offered by the supplier/manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this Use Agreement.

To the fullest extent permitted under applicable law www.moddys.in  or its suppliers shall not be liable for any indirect incidental social, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill use, date or other intangible losses arising out of or in connection with the Site its serviced or this User Agreement.

Without prejudice to the generality of the section above the total liability of www.moddys.in  to you for all liabilities arising out of this User Agreement in tort or contract is limited to the value of the product ordered by you.

www.moddys.in , its associated and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software text, graphics links or communications provide on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, www.moddys.in assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site, and/or any interruption or errors in the operation of the Site.

No advice or information, whether oral or written, obtained by you from www.moddys.in or through or from the service shall create any warranty not expressly stated in the term of service.

A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, (or) any one in your family, have and epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service - dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

MODIFICATIONS TO SERVICE

www.moddys.in  reserves the right at any time and from to time modify or discontinue, temporarily or permanently, the service (or any part thereof without notice. You agree that www.moddys.in  shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

VIOLATION

Please report any violations of the Terms of Service to our Customer Care team or mail to moddys1951@ gmail.com.

SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site including without limitation: Accessing date not intended fro you or logging onto a server or an account, which you are not authorized to access. Attempting  to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any other user host or network including without limitation, via means of submitting a virus to the Site overloading, "flooding." "Spamming," "mail bombing" or "crashing." Sending unsolicited email, including promotions and/or advertising of products of services or Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability www.moddys.in will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from www.moddys.in  on this Site and other than generally available third party web browsers .

ENTIRE AGREEMENT

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein this agreement constitutes the entire agreement between you and www.moddys.in  with respect to the www.moddys.in  sites/services and it supersedes all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and www.moddys.in  with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

 BONUS/ GIFT VOUCHER USAGE POLICY

 Bonus/Purchase Credit is issued at the sole discretion of Moddy's confectionary Pvt Ltd .The company retains the right to revoke, modify and/or alter them as it may deem fit. Only one bonus/credit note/gift voucher can be used against one particular order. Bonus usage is restricted to certain products and/or categories and is subject to change from time to time. The company will issue bonus Credit from time to time under various promotions. Members who are eligible for these bonuses will be intimated about the same via email, text alert and/or on site messaging. All bonus Credits will expire after a set duration and can be used as per the usage defined. This information would be communicated to members and will be visible under their "My Credit" section. Bonus Credit can be redeemed against purchase(s) on site. However, the terms and conditions as given in clause 10 shall apply in such cases.. The customer will get the discount on Sale price as per the applicable Bonus Credit & Usage. Any remainder bonus after usage will be returned back to the account, if applicable. Action(s) intended to fraudulently gain bonus Credit under any promotional scheme or otherwise will result in cancellation of bonus points and/or termination of account.  Any issue(s) arising with redemption of bonus Credit will be dealt on a case to case basis. The final decision rests with the company. Credit note will be issued against order cancellation done as per the existing terms and conditions. Credit note can redeemed against purchase(s) on site in full. Any unused amount will be returned back to the account. This policy is subject to change from time to time without prior notices. In case of any query pertaining to use of bonus and/or credit note, please email customer care on support@moddys.in

 Credit Card Users T&C

This promotional offer is only valid for select credit card types and with select banks. Sales open one hour before it opens for normal members. The general time of new sale is 11:30 AM(IST) but on some days particular sales might be delayed. No order can be placed unless a visa user has agreed to get registered with www.moddys.in .All terms & conditions regarding membership, registration, cancellation, privacy etc. mentioned above are equally applicable to visa users. Payment option available to privilege visa users is through visa card. No other payment modes are available. All terms and condition applied to credit-card payment for regular www.moddys.in members are applicable to Visa members.

PRIVACY POLICY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicitly consent. We view protection of your privacy as very important community principle. We understand clearly that you and your information is one of our most important assets.

We store and process your information on computers located in India that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your information being transferred of used in this way please do not use the Site.

CONTACT DETAILS

You may contact us at support@moddys.in