TERMS OF USE

LAST REVISED DATE: 28-02-2020

The following are the Terms and Conditions for access and use of the Website operated by M/S Moddy's Confectionery Pvt. Ltd., located at https://moddys.in (also referred to as ”MODDYS CONFECTIONERY”, “MODDYS.IN” and “the Website”). These Terms and Conditions (hereinafter referred to as “T&C” or “Usage Terms”) describes the terms and conditions applicable for accessing and availing the services offered through this Website.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Your use of this Website is expressly dependent on your acceptance of the Usage Terms. These Usage Terms include our policy for acceptable use of the Website and content posted on the Website, your rights, obligations, and restrictions as well as limitation of our liability regarding your use of the Website and the Website’s Privacy Policy.

MODDYS.IN through this Website aims to provide information and an online e-commerce website for the sale and purchase of Food items such as Chocolates,food items, etc. The Website, information, tools, features, and functionality provided by MODDYS.IN are referred to together and separately as “the Service(s).”

By accessing this Website, you accept, without limitation or qualification, the Usage Terms. You are only authorized to use the Website and its services (i) if you are of a legal age and otherwise not incapacitated by any disqualification to form a binding contract (in case you are representing any organization or business entity you should be duly authorized to bind such organization or entity); (ii) agree to abide by all applicable laws and to these Usage Terms. If you are incapacitated in any manner or do NOT accept the Usage Terms, then please discontinue your use of the Website.

We may modify these Usage Terms from time to time and such modification shall be effective upon posting on the Website. You agree to be bound by any changes to these Usage Terms when you use the Website after any such modification is posted. It is important that you review these Terms and Conditions regularly to ensure you are updated as to any changes made.

These Terms and Conditions constitute the entire agreement regarding your use of the Website and the services it offers and supersedes any such prior terms. In case MODDYS.IN provides any other services, it shall separately notify the applicable terms for such services. In a case of conflict between these Usage Terms and such other terms, the terms most applicable to the services provided shall prevail.

General Usage Terms:

By accessing this Website and agreeing to the Usage Terms you get a limited, non-transferable license to use this site in accordance with the Usage Terms. You may only use this Website to make legitimate purchases, and shall not use this Website for any other purposes.

Without limiting any other provisions of this Agreement, you may not use this Website for any purpose that is unlawful or prohibited by applicable laws, this Agreement and/or any applicable additional terms. Your access to this Website may be terminated immediately in our sole discretion, with or without notice, if you fail to or comply with any provision of law, this agreement and/or additional terms, or if you act in a manner detrimental to the interest of MODDYS.IN or the Website, or for any other reason.

You expressly agree not to:

Use this Website or its contents for any other purpose not contemplated by this Agreement;

Use this Website to make any fraudulent, false or unlawful transaction;

Utilize any software, application, or algorithm, whether integrated into a browser or otherwise, that modifies or adds content to the layout, design, or content of any of the pages of the Website;

Access, monitor or copy any content or information of this Website either on your own or by using any robot, spider, scraper or other automated means or any manual process for any purpose not contemplated by this Agreement or without our express written permission;

“Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written permission for commercial purposes or otherwise;

Utilize any software, application, or algorithm, whether integrated into a browser or otherwise, that modifies or add content to the layout, design, or content of the Website;

Use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;

Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane comment or material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

Buy/Purchase any product for the purpose of further resale or retail of any of our products in India.);

Upload files that contain materials belonging to other persons or protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another person’s computer;

Breach or violate any laws of India including without limitation to information technology laws, intellectual property rights, etc.;

Breach or violate any laws operating outside India which may be applicable to the persons using this Website, from India or outside India.

Your use of this Website or any information on this Website is entirely at your own risk.

MODDYS.IN makes no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided on this Website. MODDYS.IN excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

This Website may contain links to other internet sites provided by third parties. The provision of any of these links do not represent an endorsement by MODDYS.IN of those internet sites, make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect or information contained in those third party internet sites.

To the maximum extent permitted by law (Under the Indian Law), MODDYS.IN is not liable to you or anyone else for:

Any decision, action or inaction taken in reliance on the information in or connected with this site.

Any losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with this Website.

Your use or misuse of this website or any information or material contained on this Website.

The loss or modification of information or material transmitted from this Website.

Any defect, technical problem or virus attached to or arising from this Website or the server.

Any injury, illness or allergic reaction you or any other person may sustain due to usage of any of the products bought through this Website.

The products displayed being unavailable at any time.

Your inability to access or use the Website or any material on the Website.

The loss of confidentiality in any information or material transmitted to or from the Website.

To the maximum extent permitted by law, MODDYS.IN does not make any guarantees or warranties that this Website will be available in any place, free of faults or error, free from unauthorized interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.

This Website is owned and operated by Moddy's Confectionery Pvt. Ltd., as “MODDYS.IN” (or “we” or “us” or “our”). By entering, accessing or using our website in any way, you agree to comply with the following Website Terms and Conditions of use, Privacy Policy, and our Shipping and Returns Policy (collectively our “Website Conditions”), as well as any other laws or regulations which apply to this Website. In addition, when you make an enquiry or order any products or services through this Website, you will do so subject to the terms and conditions on this page, as set out in our online customer terms & conditions, subject to all our other Website conditions and such further terms and conditions as may be notified to you. By using this Website, you acknowledge that you have read and understood all of the Website conditions and agree to be bound by them. However, if you do not or cannot accept our Website Conditions in totality and without modification, you must stop using our Website immediately.

We may revise and update our Website Conditions at any time and your continued usage of this website means you accept those changes. While MODDYS.IN aims to ensure that the information on this Website is correct, sometimes errors do occur for which we apologize. Please refer back to these Website Terms & Conditions of use from time to time so that you are aware of the revised and current Terms and Conditions.

The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.

All prices, unless indicated otherwise are in Indian Rupees.

By indicating the user’s acceptance to purchase any product or service offered on the Website, the user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.

In a credit card transaction, you must use your own credit card. MODDYS.IN will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.

All references to Rupee on this website are in Indian currency. Indian prices are different to International prices due to taxes/duties, and the laws of the countries they have been bought from. In cases of International shipping, prices may vary when logging into the Website from different postal codes and locations. Prices are subject to change at any time, without any notifications. All rights to change prices are reserved by MODDYS.IN.

MODDYS.IN is the owner and authorized user of all intellectual property including, but not limited to trademarks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to MODDYS.IN in and associated with this Website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use or misuse of any of the intellectual property is prohibited without the prior written permission of MODDYS.IN, (A unit of Moddy's Confectionery Pvt. Ltd.,), Regd. Office: 82/67, Guru Krupa, Greenfield, Ooty - 643 001, Tamilnadu, India. Nothing contained in this Website should be construed as giving you any right or license to any of the intellectual property on or associated with this Website.

This Website and its contents are the property of MODDYS.IN and are subject to copyright. The contents of our Website and the Website as a whole are intended solely for your personal, non-commercial use. Any use of our Website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this Website, is prohibited and protected under the Copyright Act, and any such case or person can be prosecuted by law.

Privacy and data protection

Safety and security of your information:

We aim to comply with the applicable obligations of current Data Protection legislation. Your email address and other details would be kept secured.

Internal confidentiality:

At MODDYS.IN, we make sure that your information stays safe by:

* Only giving access to your account information to those who need access for the performance of their job.

* Using the full login and password controls on our control system.

Use of Cookies:

Our cookies do not contain any personal information about you and are used only to determine your browser and user preferences for our Website. This helps us to provide you with the service that you desire and to enhance your browsing experience. However, if you prefer, you can set your browser software to not accept cookies. You should still be able to use our Website without cookies enabled.

Consent:

All the information we collect via our Website or through correspondence with you may be used for the following purposes:

* Dealing with orders and accounts

* Sending MODDYS.IN news, promotions or updates of the site (if requested)

* Research

Any changes to our Privacy Policy will be posted on our site so that you may ensure that you are fully informed of your rights and can notify us of any changes to your preferences. By using our Website, you consent to the information you provide being used by us, particularly for any of the purposes described in this Policy, except where you have chosen to opt-out of being contacted by us.

Accessing the MODDYS.IN Website:

We will not be liable if for any reason the MODDYS.IN Website is unavailable at any time or for any period.

If for any reason, you are unsure or would like to know more about the personal and account information we are holding in your name, please contact us in writing under the contact address below. We will review your file and update the records if you wish. You will need to provide your full name and enough information to confirm your identity.

Order and Delivery:

By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions.

Orders:

Once you have placed an order we will send you a confirmation that your order has been received but this is not a confirmation that your offer to purchase the goods has been accepted.

However, you may note the following things

* The products you ordered will vary from the actual picture as shown.

* The products are handmade, so little variations and defects might arise owing to their handmade nature.

* During transit / shipment there is a chance of temperature mismatch due to which there might be a colour variation. It is not because the product is spoiled but because of the variation of the temperature.

* Review the shipping and returns details in the product page.

Product Pricing & descriptions:

Each product purchased is subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the MODDYS.IN Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the MODDYS.IN Website as up to date as possible, the information, including Product Descriptions, appearing on this MODDYS.IN Website at a particular time may not always reflect the position at the exact moment you place an order.

Our intellectual property rights:

A lot of thoughts and design inputs have gone into our site and all our work, so we’d like to claim our intellectual property for this: MODDYS.IN owns all intellectual property rights in the MODDYS.IN Website, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

Please note that MODDYS.IN is part of Moddy's Confectionery Pvt. Ltd., and anything that is a property of MODDYS.IN is, therefore, a property of Moddy's Confectionery Pvt. Ltd.,.

Contact us:

If you have any questions on how to return your item to us, you can view our FAQ on “Returning your item” and also contact us through email at support@moddys.in