Last updated: 19th Feb 2022
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Welcome to www.monishajaising.com (“Website”)! Before using our services (“Services”), you are requested to please ensure that you carefully read and understand the following terms and conditions, which shall apply. Your use of our Services and use of the Website is expressly conditional on your acceptance of the following terms and conditions (“Terms and Conditions”) and will form the agreement between www.monishajaising.com and you.
This Website belongs to [Monisha Jaising] (“Owner/”Seller””)
The following Terms and Conditions apply to everyone who visits www.monishajaising.com, and they govern the relationship between Owner and you.
The Terms and Conditions of Sale between the Seller (Monisha Jaising) and you i.e., Customer (“Conditions of Sale”) are set out in the following Terms and Conditions of the Website, which are binding on you. In the event of inconsistency between the Terms and Conditions of the Website and the Conditions of Sale, the Terms and Conditions of the Website set out herein below shall prevail.
Please review our Privacy Notice, which also governs your use of MJ Services, to understand our practices.
All content included in or made available through any MJ Service, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations and software, is the property of MJ or its content suppliers and protected by Indian and international copyright laws. The compilation of all content included in or made available through any MJ Service is the exclusive property of MJ and protected by Indian and international copyright laws.
Monisha, Monisha Jaising, MJ , MonishaJaising.com, and other MJ graphics, logos, page headers, button icons, scripts, and service names included in or made available through any MJ Service are trademarks or trade dress of MJ LLC in the Indian and other countries. MJ’s trademarks and trade dress may not be used in connection with any product or service that is not MJ’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MJ. All other trademarks not owned by MJ that appear in any MJ Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MJ.
4.License and Site Access
Subject to your compliance with these Conditions of Use and any Service Terms, MJ grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the MJ Services. This license does not include any resale or commercial use of any MJ Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any MJ Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by MJ or its licensors, suppliers, rightsholders, or other content providers. No MJ Service, nor any part of any MJ Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MJ. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MJ without express written consent. You may not use any meta tags or any other "hidden text" utilizing MJ’s name or trademarks without the express written consent of MJ. You may not misuse the MJ Services. You may use the MJ Services only as permitted by law. The licenses granted by MJ terminate if you do not comply with these Conditions of Use or any Service Terms.
MJ respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement.
Any dispute or claim relating in any way to your use of any MJ Service, or to any products or services sold or distributed by MJ or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
This Website, the materials, and the services are provided on an “as is” basis without warranties of any kind, either express or implied. All use of Website, materials, and services is at your sole risk.
We specifically disclaim all warranties; express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.
We take no responsibility and assume no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using our Website or Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
We are not responsible in any way for, do not monitor, and do not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Website or Services.
We do not represent in any manner that:
a. The information, data or contents of the Website are accurate;
b. The Website will be available at all times and will operate error free or that there will be uninterrupted access and service;
c. The integrity of the information on the Website or information you upload will be maintained;
d. We endorse any of the views of any of the users who may have posted content;
e. We have verified or guarantee the quality of services or representations made by any user of the Website;
f. We have verified the credit worthiness of any user;
g. We have screened or verified any of the information posted herein;
h. The Website or any content is free from viruses or other malware.
You expressly release www.monishajaising.com, Owner, its affiliates, officers, employees, agents and professional advisors from any cost, damage, liability or other consequence of any of the actions of the users of the Website.
You shall defend, indemnify, and hold harmless Owner/Website, its subsidiaries, affiliates and their respective officers, directors, agents and employees from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Website or services or your use of the Website and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against Owner/Website arising out of or relating to the User Content, your conduct, your violation of these Terms and Conditions, or your violation of the rights of any third party.
9.LIMITATION OF LIABILITY
IN NO EVENT SHALL THIS WEBSITE (www.monishajaising.com), ITS OFFICERS, DIRECTORS, AGENTS, SERVANTS, PARTNERS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.RISK OF LOSS
All items purchased from Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
11. Returns and Refunds
Please review our Returns Policy, which applies to garments/products sold by us.
12. Our Contract
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the Website.
You can cancel your order for a product at no cost no later than 24 hours from the time you place the order relating to that product.
MJ attempts to be as accurate as possible. However, MJ does not warrant that product descriptions or other content of any MJ Service is accurate, complete, reliable, current, or error-free. If a product offered by MJ itself is not as described, your sole remedy is to return it in unused condition.
14. PRODUCT PROPERTIES AND WASH CARE GUIDELINES
All of Monisha Jaising’s garments are tailored using the finest materials. The subtle variations in color, texture and finish are intrinsic in giving the desired look to the various outfits of Monisha Jaising. Our products involve pure fabrics, which are hand dyed. All embroideries are also done by hand therefore any irregularities only adds to the beauty of it’s handmade nature. An irregular weave or print is not a defect – handloom by definition means uncertainty when it comes to uniformity.
We have with the best resolution available have displayed as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
All garments should be dry cleaned only. You must inform the cleaner not to touch, rub or wring area of embroidery as this would result in the embroidery being damaged. You must not use a washing machine to clean the garment.
The fit of our clothing depends on the cut, fabric and style of each garment. Some garments are designed to have a looser, relaxed fit and some garments are styled to be more fitted. Please review our sizing guidelines provided alongside each product to select the size best suited for you.
Unless specifically provided for, the price displayed for each product (the term product includes all clothes, garments, cloth pieces and any other product) on this Website, whether in Foreign Currency or Indian Rupees represents the full price of the product excluding international shipping charges.
With respect to product(s) sold on the Website, we charge your credit card/debit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional shipping fees, if applicable, will not be refunded.
In the event, any product on our Website is mispriced or if we discover a mispricing, we will do one of the following:
a. If a product price is lower than the displayed price, we will charge you the lower price and ship you the item.
b. If a product is priced higher than the displayed price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by www.monishajaising.com. The prices displayed on the Website are quoted in INR currency, which you can view in your preferred currency using the currency converter link. Please note that these are only estimates for your benefit and may not be what your card issuer charges you. The same is given only for ease of reference and without any guarantee or liability to Monisha Jaising. The actual amount to be paid by you will be the equivalent amount in the currency of your credit card, as per the conversions done by your bank / credit card provider on the date of billing.
If you use any MJ Service, 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. MJ does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the MJ Services only with involvement of a parent or guardian. MJ reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
18.REVIEWS, COMMENTS AND COMMUNICATIONS
Visitors may post reviews, comments, and other content, and send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The website www.monishajaising.com reserves the right (but not the obligation) to remove or edit such content, but does not commit itself to regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant the Owner/Website and its affiliates a free of cost, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Owner/Website and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant herein are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to perform all further acts necessary to perfect any of the above rights granted by you to www.monishajaising.com, including execution of any deeds and documents, at its request. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Owner/Website and its affiliates for all claims resulting from content you supply. www.monishajaising.com Owner has the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability whatsoever for any content posted by you or any third party.
19.Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause, which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
21.Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.