THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER INCLUDING THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011, AND THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011;
THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS DOCUMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
Prachi Leathers Private Limited is the sole and absolute owner of the trade mark and brand name “Mardi Gras” and domain www.mardigras.co.in and any other subsequent web/mobile application (the “Site”). Mardi Gras respects your privacy and the same is maintained as per the Privacy Policy. As a visitor to the Site and user of the services at the Site you are advised to please read these Terms and Conditions (Terms) carefully and access the Site. For the avoidance of doubt, please note that references to the Site in these Terms include any current or future version of the Site. By accessing the Site, you agree to these Terms. If you do not agree to these Terms (without modification), you are advised to not access or use the Site. Please note that any reference to Mardi Gras at the Site shall mean to refer and include its affiliates, group companies, agents, officers and employees.
You represent and warrant that you are at least thirteen (13) years of age or older, or are visiting the Site under the supervision of a parent or guardian.
- Ordering Process and Pricing
The Site displays a list of varied merchandise and offers for sell, including but not limited to shoes (Products) in the territory of India. All purchases made on the Site are subject to Mardi Gras’ acceptance, which is in its sole discretion. Without limitation, this means that Mardi Gras may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. Without limiting the foregoing, Mardi Gras’ reserves the right to refuse to accept or cancel any orders which are to be shipped to any freight forwarding or similar service, whether or not the order has been confirmed. If your credit/debit card has already been charged for a purchase that is subsequently cancelled, the Site shall issue a credit to your credit/debit card account.
In case a Product appears out of stock, feel free to write to Mardi Gras at any of the contact information provided herein in order to get notified about the re-stocking of the said Product.
The price listed on the Site for the Product will be inclusive of all taxes and you will be required to make payment of the final invoiced amount of such price including delivery/handling charges or other additional sums that form part of the final invoice. Mardi Gras makes every attempt to properly price all Products, but errors may occasionally occur. These pricing errors may result in a lower or higher stated price on the Site. Mardi Gras reserves the right to cancel orders which include a pricing or discount error.
- Ownership of Intellectual Property
All trademarks, service marks and trade names of Mardi Gras used in the Site (including but not limited to the name Mardi Gras) are registered trademarks of MARDI GRAS PRIVATE LIMITED, registered under the laws of India. They may not be used without Mardi Gras’ prior written permission. Any other intellectual property on the Site, including but not limited to patents, issued or pending, are the sole property of Mardi Gras and/or its licensors.
To maintain the quality of the Products purchased, we suggest the following steps for any minor cleaning and regular maintenance of the Products:
- Remove excess dirt from the upper and outsole by using a small cloth dipped in water or mix it with a mild wool detergent (Eg: Ezee) .
- Create a soapy mixture by combining cold water and a small amount (a few drops) Ezee detergent.
- Dip the brush or cloth into the soapy mixture. Wipe down the affected area. Apply a small amount of clean, warm water with the brush or cloth and brush/wipe off the excess soap.
- Remove the insoles & laces and wipe off any excess dirt with a cloth or delicate towel
- The insoles are recommended to be washed by hand for best results.
- Place the shoes in the bag provided and pop them in a washing machine on delicate or wool cycle. Use a mild wool detergent (Ezee) only. (Choose the right cycle before turning the machine ON)
- Allow shoes to air dry.
- Do not place shoes in dryer.
- Prohibited use
The entire content included in the Site, including but not limited to text, graphics or code is copyrighted as a collective work as per the laws of intellectual property rights and other relevant of laws of India, and is the sole and exclusive property of Mardi Gras. The collective work includes works that Mardi Gras has created and produced for the Products. The contents of this Site can be used solely for your own non-commercial purposes, or to place an order with the Site or to purchase any other products on the Site. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Site is strictly prohibited, unless authorized by Mardi Gras. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SITE, SERVICES AND THE PRODUCTS THEREIN ARE PROVIDED BY THIS SITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MARDI GRAS MAKES NO WARRANTY THAT (I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, OR IN A TIMELY MANNER; (II) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR OTHER PRODUCTS WILL BE CORRECTED; (III) THE PRODUCTS OFFERED THROUGH THE SITE SHALL BE AS PER THE IMAGES PROVIDED ON THE SITE, SHALL MATCH THE DESCRIPTION ON THE SITE OR BE FIT FOR CONSUMPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MARDI GRAS DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY CONTENT OR PRODUCTS ON THE SITE. DIRECT DAMAGES AND LOSSES SHALL ONLY BE RECOVERABLE BY VIRTUE OF THESE TERMS. IN NO EVENT SHALL MARDI GRAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR PRODUCTS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Mardi Gras, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your registered account (including negligent or wrongful conduct) by you or any other person accessing the Site using your registered account with us.
- Suspension of your account or Site
You agree that we may temporarily suspend the access to the Site in order to diagnose any technical issues and resolve the same; or improve the quality and functionality of the Site; or implement any changes to the Site. We may suspend your access to the Site, where it is necessary to safeguard the security and integrity of the network; or implement emergency planning measures or due to any technical failure of the network; or where required by applicable law or directed by any governmental authority. You acknowledge that during such time the Site may not run at capacity; or may be unavailable in a particular network area; and/or coverage could be affected or network may be suspended for any technical failure of the network.
In case of any suspicious activity observed by you regarding your account with the Site or it appear to you that your credentials have been compromised, you are required to notify Mardi Gras about the same at the earliest by contacting us and Mardi Gras shall assist in recovery of your account and in resetting your password and necessary information.
- Links to third-party websites
Mardi Gras NEITHER endorses or promotes or provides any service qua social media through necessary integration. For this purpose, you may opt to log in to the social media by creating an account or signing in on such social media. You agree to access the third party links and advertisements on the Site at your sole discretion and in compliance of the terms and conditions of such website or application and Mardi Gras shall not be responsible for any kind of transmission or publication of any contents on any social media. Third-party links on this Site may direct you to third-party websites that are not affiliated with Mardi Gras. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In case a Product appears out of stock, feel free to write to Mardi Gras at any of the contact information provided herein in order to get notified about the re-stocking of the said Product.
Where you post any review, submission, feedback or comment or any statement of such nature on the related link, such content shall be posted publicly on the Site on the sole discretion of Mardi Gras and shall not be subject to any alteration or modification or moderation by Mardi Gras or its members. You agree that Mardi Gras is free to use any comments, information or ideas contained in any communication you may send to the Site or submit to the Site without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing Products and services and creating, modifying or improving the Site or other products or services.
Mardi Gras does not and cannot review all communications and materials posted to or created by you who is using or accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute (for non-commercial purposes) the contents of the Site, the Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user-related content or activities on the Site. You may not post or otherwise distribute content to the Site which Mardi Gras in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Mardi Gras or another party, illegal, or otherwise objectionable to Mardi Gras. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
You agree that Mardi Gras shall not be responsible for any failure or delays to fulfil any obligation under these Terms, for so long as, and to the extent to which, the fulfilment of such obligation is impeded by a force majeure event, which shall mean to include, but not limited to, an event which is beyond the control of Mardi Gras; Act of God; traffic; unavailability of Product. However, all reasonable efforts and precautions shall be undertaken by Mardi Gras to supervene and subside any such event and perform the obligations as per the Terms.
THESE TERMS IS MADE ONLY FOR THE BENEFIT OF YOU AND MARDI GRAS AND IS OF PRIVY NATURE, THEREBY NOT ENFORCEABLE BY ANY THIRD-PARTY PERSON AS PER THE LAWS OF CONTRACT IN INDIA.
- Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with the laws of India. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Telangana, Hyderabad. This does not prevent Mardi Gras from making an application to any court of competent jurisdiction to obtain an interim remedy (including any injunction) at law or in equity in relation to any dispute that arises in relation to these Terms.
- Complaints and resolution mechanism
Mardi Gras shall endeavour to resolve any complaint and dispute, that may arise on account of your online purchase of the Product, technical difficulty or with respect to the services received. Complaints pertaining to the Products shall be forwarded to Mardi Gras at the email address support@mardigras.co.in for further review, investigation and response. You must follow the return process as mentioned under Section 10 to claim an exchange of the Product or refund of the amount paid at Refund Policy.
By using the Website and/or registering yourself at Mardi Gras.com you authorize us to contact you via email or phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from Mardi Gras for the above mentioned purposes till 365 days of your registration with us. This Privacy Policy covers Mardi Gras treatment of personally identifiable information that Mardi Gras collects when you are on the Mardi Gras site, and when you use Mardi Gras services. This policy also covers Mardi Gras treatment of personally identifiable information that Mardi Gras business partner shares with Mardi Gras. This policy does not apply to the certain Mardi Gras products or services, when you visit Mardi Gras pages, and when you enter promotions. Mardi Gras may also receive personally identifiable information from our business partners. When you registered with Mardi Gras, we ask for your first name, last name, contact no, email, Date of Birth and gender. Once you register with Mardi Gras and sign in to our services, you are not anonymous to us. Also during registration, you may be requested to register your mobile phone and email id, pager, or other device to receive text messages, and other services to your wireless device. By registration you authorise us to send sms/email alerts to you for your login details and any other service requirements or some advertising messages/emails from us.]
- MISCELLANEOUS
By using the Site, you agree to receive electronic communications from Mardi Gras. You agree that any notice, agreement, disclosure or other communication that Mardi Gras sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Mardi Gras’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct the parties nor trade practice shall act to modify any of these Terms. Mardi Gras may assign its rights and duties under this Agreement to any party at any time without notice to you.
