Terms and Conditions

Terms of Use Agreement

Welcome to MOHH, the website and online boutique for jewellery, bags, accessories and apparel.This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with MOHH (collectively the "Service"). By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms of Use (the "Agreement"), whether or not you are a registered user of our Service. MOHH reserves the right to change these Terms & Conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. All the rights, including copyright, in this website are owned by MOHH. Any use of this website or its contents, including copying or storing it in whole or part is prohibited without the permission of MOHH.

Use of Our Service/ Eligibility Criteria.

You may use the Service only if you can form a binding contract with MOHH, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Use of MOHH is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, are prohibited to use/purchase/ contract from/with, this website. The Service is not available to any users previously removed from the Service by MOHH. MOHH reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

MOHH Accounts

The Service is available through the internet search engines and also on Facebook, You tube and other social media. and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Service through Facebook Connect, MOHH may require that your MOHH user ID be the same as your user name for Facebook. If you sign into MOHH through Facebook Connect, you will provide your Facebook account credentials to MOHH, and you are consenting to have the information in that account transmitted into your MOHH account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.

Site Security:

You agree not to engage in any of the following prohibited activities in connection with the Service:

  • copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
  • Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the MOHH servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, MOHH grants the operators of public search engines revocable permission to use spiders to copy materials from MOHH for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  • Transmitting spam, chain letters, or other unsolicited email;
  • Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
  • Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
  • Uploading invalid data, viruses, worms, or other software agents through the Service;
  • Collecting or harvesting any personally identifiable information, including account names, from the Service;
  • Using the Service for any commercial purposes;
  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  • interfering with the proper working of the Service;
  • accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
  • bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or
  • decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.

We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to MOHH, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We cannot guarantee that the website is free from computer viruses, and you should take your own precautions in this respect. We will try to make sure that the website is always available. However, this is not always possible, and we are not liable if the website is unavailable.

Links:

The website may contain links to other websites; these external websites are not under our control. MOHH shall not be responsible for such websites and cannot make any guarantees about them. We provide these links because we think it might interest you, but we do not monitor or endorse these websites.

Copyright and Intellectual Property

All third party designs featured on MOHH are copyright and intellectual property of their respective designers and cannot be reproduced or transmitted in any form without the prior written permission of the designers.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, MOHH owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks (collectively, "the Contents"). You acknowledge and agree that you shall not use, reproduce or distribute any contents from the Website belonging to MOHH without obtaining authorization from MOHH.

You may print/download any page(s) for your own personal and non- commercial use only. You will not reproduce (except as noted above), publish or transmit, distribute, display, modify, or 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 Website or any related software.

All software used on this Website is the property of MOHH or its suppliers and they are protected by Indian copyright laws.

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User, whereby you grant a non-exclusive license for the use of the same.

User Content (Optional)

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. MOHH reserves the right, but is not obligated, to reject and/or remove any User Content that MOHH believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the Copyright Office or any other rights organization.

Representations & Warranties:

In connection with your User Content, you affirm, represent and warrant the following:

  1. You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  2. MOHH may exercise the rights to your User Content that are granted to MOHH under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  3. By posting any User Content on the Service, you hereby expressly grant, and you represent and warrant that you have a right to grant, to MOHH a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and MOHH's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels; however, MOHH will only share your personally identifiable information in accordance with our then-current Privacy Policy. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
MOHH Service

Mobile Software:

We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. MOHH does not warrant that the Mobile Software will be compatible with your mobile device. MOHH hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one MOHH account on one mobile device owned or leased solely by you, for your personal, non-commercial use.

You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that MOHH may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA (End User License Agreement), if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and MOHH or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).

The Mobile Software originates in India, and is subject to Indian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to use of the Mobile Software and the MOHH Service.

Our Proprietary Rights

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MOHH under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MOHH does not waive any rights to use similar or related ideas previously known to MOHH, or developed by its employees, or obtained from sources other than you.

MOHH may provide its members referral credits when members invite their friends to join MOHH ("Reward points"). Reward points

may be awarded to the referrer when their friends join, as well as when their friends make their first purchases.

All credits, referral or otherwise can be used on a minimum shopping cart subtotal (pre shipping) amount of INR 5000.

Billing Policies/ Pricing and Online Payment/ Payment Information: [applicable Taxes as per the Payment Policy]

If you purchase an item through the Service, your purchase will be processed in accordance with the "Orders" section of , delivered to you according to our Shipping Policies, and, if applicable, returns will be handled in accordance with our Return Policy, all of which are incorporated herein by this reference.

Refunds

Refunds for returned purchases will be handled in accordance with our Return & Exchange Policy.

Privacy

MOHH cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Since we respect artists and content owners' rights, it is MOHH's policy to respond to alleged infringement notices that comply with the Indian Copyright Act, 1957.

  • Identification of the copyright work that you claim has been infringed;
  • Information reasonably sufficient to permit MOHH to contact you, such as your address, telephone number, and, e-mail address;
  • A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
  • Once proper, bona fide infringement notification is received by the Copyright Registration Office, it is our policy:
    1. To remove or disable access to the infringing material;
    2. That repeat offenders will have the infringing material removed from the system and that we will terminate such content provider's, member's or user's access to the Service.

If the content provider, member, or user believes that the material that was removed or to which access was disabled is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Copyright Registration Office, as below:

  • A physical or electronic signature of the content provider, member or user;
  • A statement that the content provider, member or user has a good faith and belief that the material was removed or disabled as a result of mistake or misidentification of the material;

Please note that this procedure is exclusively for notifying MOHH and its affiliates that your copyright material has been infringed. The preceding requirements are intended to comply with MOHH's rights and obligations under the Indian Copyright Act,1957, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the Indian Copyright and other applicable laws.

Third-party websites, Advertisers and services:

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by MOHH. MOHH does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, such as through Facebook Connect, you do so at your own risk, and you understand that this Agreement and MOHH's Privacy Policy do not apply to your use of such sites. You expressly relieve MOHH from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that MOHH shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Indemnity

You agree to defend, indemnify and hold harmless MOHH and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your username, password or other appropriate security code.

THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE ("PRODUCT") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING, MOHH, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

Limitation of liability

To the maximum extent permitted by applicable law, MOHH assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content available on or through the service; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or any product; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.

Governing Law and Jurisdiction:

The Service is controlled and operated from its facilities in India. MOHH makes no representations that the Service is appropriate or available for use in other locations. This Agreement shall be construed in accordance with the applicable laws of India. The Courts in India shall alone have exclusive jurisdiction in any proceedings arising out of this agreement.

Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations.

You represent and warrant you are not located in a country embargoed by the Republic of India or that has been designated by the Government of India as a "terrorist-supporting" country, and that you are not a foreign person or entity blocked or denied by the Government of India or otherwise listed on any Indian Government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MOHH without restriction.

Arbitration

If any dispute arises between you and MOHH during your use of the site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party identified by MOHH. The place of Arbitration shall be [ ]. The Arbitration and Conciliation Ac, 1996, shall govern the Arbitration Proceedings. The Arbitration proceedings shall be in English Language.

Termination:

This Agreement is effective unless and until terminated by either you or MOHH. You may terminate this Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this website, provided that you discontinue any further use of this website.

We may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website. Such termination will be without any liability to MOHH. Upon Termination of this Agreement by either you or MOHH, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as copies of such materials.

Any such termination of this Agreement shall not cancel your obligation to pay for the product already ordered from the website or affect any liability against you that may have arisen under this Agreement.

Notice:

MOHH may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by MOHH in our sole discretion. MOHH reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement and our Privacy Policy. MOHH is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add estore@mohhindia.com to your email address book to help ensure you receive email notifications from us.

Counterparts:

This Agreement, together with any amendments and any additional agreements you may enter into with MOHH in connection with the Service, shall constitute the entire agreement between you and MOHH concerning the Service.

Severability:

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity and enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.

Waiver:

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MOHH's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

MOHH may transfer its rights and obligations (under this Agreement without your prior express consent.)

If you breach this Agreement, and the Privacy Policy or the documents they incorporate by reference and we take no action against you, we will still be entitled to use our rights and remedies available in law.