Use of the MS Perfume Platform

Registration of your account:
In order to purchase Products on the MS Perfume Platform and/or avail the services, you will have to register on the MS Perfume Platform. Registration is a one-time process. You will be eligible to further access and avail the services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.

You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the MS Perfume Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

You will:

(a) immediately inform us of any unauthorized use of the account or any other security breach; and 

(b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the MS Perfume Platform, terminate accounts, remove or edit content at any time without notice to you.

We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the MS Perfume Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the MS Perfume Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

You will use the MS Perfume Platform for lawful purposes only and will not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the MS Perfume Platform. You will not undertake any activity that is harmful to the MS Perfume Platform or its content or otherwise not envisaged through the MS Perfume Platform. You have a limited license to access and use the MS Perfume Platform, solely for the purpose of availing the services and purchasing the Products offered on it, subject to these Terms and Conditions.

You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the MS Perfume Platform or the computer codes or elements comprising the MS Perfume Platform. You may not use the content of the MS Perfume Platform for any commercial purposes whatsoever.

We authorize you to view and access the MS Perfume Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Terms and Conditions. We therefore, grant you a limited, revocable, non-exclusive and non-transferable permission to access and use the MS Perfume Platform for the aforesaid purpose.

The license granted to you does not include a license for: 

(a) resale of products or commercial use of the MS Perfume Platform or any content therein, 

(b) any collection and use of product listings, description, or prices, 

(c) any use of MS Perfume Platform, the services and/or of any content therein other than as contemplated in these Terms and Conditions, 

(d) any downloading or copying of login credentials of user, 

(e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of MS Perfume Platform, and 

(f) creating and/ or publishing your own database that features parts of the MS Perfume Platform.

In your use of MS Perfume Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of MS Perfume Platform or access any other third-party website linked to the MS Perfume Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

Use of the MS Perfume Platform from Outside India

Except where otherwise specified on the MS Perfume Platform, the materials on the MS Perfume Platform are displayed solely for the purposes of promoting our Products available in India. MS Perfume shall not accept orders for delivery to locations outside India. Those who choose to access the MS Perfume Platform from locations outside India are entirely responsible for compliance with all the applicable local laws of that country and to the extent any local laws are applicable. These Terms and Conditions do not constitute, nor may these Terms and Conditions be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

We have several websites offering Products, services, content and various other functionalities to specific regions worldwide. The Products and services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Products or services from our site in another region and we may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Products or services offered on a site in another region.

Information that we publish on the world wide web may contain references or cross references to our Products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs or services in your country. Consult our local business contact for information regarding the Products, programs and services that may be available to you.

Ownership of Submissions / Comments 

Other than personal / sensitive data (which is subject to our Privacy Policy), You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, modify, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to MS Perfume on or through the MS Perfume Platform or otherwise disclosed, submitted or offered by you (collectively, “Submissions/Comments”) shall become and remain the property of MS Perfume once submitted . You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any submissions and that your submissions will comply with these standards and does not breach any applicable agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the submissions provided by you are found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of such warranties made by you.

Social networking sites

Any submissions you make on any third party website or page such as Facebook page, Twitter, Pinterest, YouTube or other social networking site (“Third Party Website/Platform”) are governed by the terms of use and policies of the respective Third Party Website/Platform. The user should read the terms of use, privacy policy and/or other policies of the respective Third Party Website/Platform and any access or use of the Third Party Website/Platform is entirely at the user’s own risk. All comments, images, videos and any other type of material posted on any third party’s social networking site do not necessarily reflect the opinions or ideas of MS Perfume or its employees and MS Perfume is not responsible for any such content.

Ownership of Rights

All rights, including copyright and other intellectual property rights, in and to the MS Perfume Platform are owned by or licensed to MS Perfume.

Your use of the MS Perfume Platform and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the MS Perfume Platform or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the MS Perfume Platform you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the MS Perfume Platform.

A disclosure, comments and your agreement to the MS Perfume Platform Terms and Conditions shall constitute an assignment to MS Perfume of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our MS Perfume Platform, including questions, or to make contact with other users of our MS Perfume Platform or to make submissions on any MS Perfume related Third Party Website/Platform, you must comply with the content standards set out below and the MS Perfume Platform Terms. Any third-party advertising on MS Perfume pages of third-party social networking sites / Third Party Website/Platform are not the responsibility of, or endorsed by MS Perfume. Any use of any MS Perfume social networking pages or their contents, including copying or storing them in whole or in part, is prohibited without the permission of MS Perfume. You confirm that the submissions made by you on MS Perfume Platform or any Third Party Website/Platform is your own and that the content does not infringe the material, trademarks or intellectual property of others.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us.

Confidentiality

Any material you upload to our MS Perfume Platform will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the submissions for any purpose. We also have the right to disclose your identity to any third-party who is claiming that any material posted or uploaded by you to our MS Perfume Platform or any MS Perfume related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our MS Perfume Platform. We have the right to remove any submissions you make on our MS Perfume Platform if, in our opinion, such submission does not comply with the content standards set out below.

Rules for Submissions

 You must be 18 years of age or older and registered to post a submission. Suppliers or manufacturers are not eligible to post a submission.
Submissions should not include any:
● Abusive, offensive or otherwise inappropriate language; 

● Profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others; 

● Comments about other reviewers or bloggers; 

● Remarks that repeat criminal accusations, false, defamatory or misleading statements; 

● Material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit/debit card numbers, etc.; 

● Spam or advertising;

● Third party brand names or trademarks; 

● HTML code, computer script or website URLs; 

● Availability, price, promotions or alternative ordering or delivery information;

● Information about MS Perfume suppliers or manufacturers; and/or 

● An unsupported claim about the product producing an effect other than that for which it is indicated.

MS Perfume, in its absolute discretion, reserves the right to not publish the submission, edit or remove it, take any appropriate action it deemed necessary or remove reviews which do not comply with the rules above.

User Warranties and Restrictions

You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through MS Perfume Platform, any information that:
● Deletes or modifies any content on the MS Perfume Platform, such as any information regarding the services, their performance, sales or pricing;

● Uses any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the MS Perfume Platform;

● Makes false or malicious statements against the Products, services, the MS Perfume Platform or us;

● Posts, copies, submits, uploads, distributes, or otherwise transmits or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the MS Perfume Platform and/or services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the MS Perfume Platform and/or the services;

● Introduces any trojans, viruses, any other malicious software, any bots or scrape the MS Perfume Platform for any information;
● Probes, scans, or tests the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;

● Hacks into or introduce malicious software of any kind onto the MS Perfume Platform;

● Gains unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the services are stored, or any other server, computer, or database connected to the services;

● Engages in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet;

● belongs to another person and to which you do not have any right;

● is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

● harms minors in any way;

● infringes any patent, trademark, copyright or other proprietary rights;

● violates any law for the time being in force;

● deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; and/or

● impersonates or defames another person.

Disclaimer of Warranties and Accuracy of content
We will try to ensure that all information and recommendations, whether in relation to the Products, services, offerings or otherwise (hereinafter “Information”) provided as part of this MS Perfume Platform is correct at the time of inclusion on the MS Perfume Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information. To the extent permitted by applicable law, MS Perfume disclaims all representations and warranties, express or implied, that content or Information displayed in or on the MS Perfume Platform is accurate, complete, up-to-date and/or does not infringe the rights of any third-party.

The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of MS Perfume or any of its group companies.

You agree that information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No information on the MS Perfume Platform shall constitute an invitation to invest in us or any affiliates. Any use of the MS Perfume Platform or the information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, the MS Perfume Platform, the information, or any third-party website linked to the MS Perfume Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

As means to assist the users in identifying the Products of their choice, we provide visual representations on the MS Perfume Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

We do not covenant or provide any representations and warranties:
● in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on MS Perfume Platform;

● that the Services will be made available at all times; and

● that the operation of MS Perfume Platform, including the functions contained in any content, information and materials on MS Perfume Platform or any third-party sites or services linked to MS Perfume Platform will be uninterrupted, or that the defects will be rectified, or that MS Perfume Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

THIS MS Perfume PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO MS Perfume PLATFORM, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE MS Perfume PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES