Terms of service

Welcome to Marc Loire: This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Marc Loire platform - www.marcloire.com (hereinafter referred to as "Platform")

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Your use of Marc Loire and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to Marc Loire including the applicable policies which are incorporated herein by way of reference. By mere use of Marc Loire, You shall be contracting with Marc Loire Fashions Limited, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Marc Loire.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term "Marc Loire","We","Us","Our" shall mean Marc Loire Fashions Private Limited.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Marc Loire Policies including but not limited to Privacy Policy as amended from time to time.

  1. INTERPRETATION
  2. a) Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
  3. b) Headings and captions are used for convenience only and will not affect the interpretation of this Agreement.

  4. c) Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Marc Loire will, unless repugnant to the context, include its affiliates, successors and permitted assignees.
  5. PLATFORM SERVICES AND ACCOUNT REGISTRATION
  6. a) You must register an account on the Platform (an “Account”). When You register on the Platform and set up your Account, You must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of your Account; (iii) authorize Marc Loire to make any inquiries We consider necessary or appropriate to verify Your Account information or the information you provide to us via the Platform; and (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to confidentiality, integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively “Device”).
    b) You are responsible for safeguarding and maintaining the confidentiality of Your Account information. You agree not to disclose your Account information to any third party. You will immediately notify Marc Loire of any unauthorized use of your Account.
    c) If You provide any information that is or later becomes untrue, inaccurate, not current or incomplete, or Marc Loire has reasonable grounds to suspect that such information is or has become untrue, inaccurate, not current or incomplete, Marc Loire has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform / services (or any portion thereof).
  7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
  8. a) We are not responsible if information made available on the Platform is not accurate, complete or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platform is at your own risk.
    b) The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Platform at any time, but we have no obligation to update any information on the Platform. You agree that it is your responsibility to monitor changes to the Platform.
  9. RELATIONSHIP BETWEEN THE PARTIES
  10. a) Nothing contained in the Terms of Use shall be construed or deemed to create any association, partnership or joint venture or employer-employee relationship in any manner whatsoever between the parties. The parties are entering into this Agreement on a non-exclusive basis.
    b) Unless otherwise provided in the Terms of Use, You shall have no right to enter into any agreement or arrangement for and/or on behalf of Marc Loire or to represent to any third party that it has such right or authority, without the prior written consent of Marc Loire.

 

 

  1. THIRD-PARTY LINKS
  2. a) Certain content, products and services available via the Platform may include materials from third-parties.
    b) Third-party links on the Platform may direct You to third-party websites that are not affiliated with Us. 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.
    c) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 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.
  3. ERRORS, INACCURACIES AND OMISSIONS
  4. a) Occasionally there may be information on the Platform or in the services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the services or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).
    b) We undertake no obligation to update, amend or clarify information on the Platform or in the services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform or in the services or on any related website, should be taken to indicate that all information on the Platform or in the services or on any related website has been modified or updated.
    c) We do not guarantee, represent or warrant that Your use of the Platform will be uninterrupted, timely, secure or error-free.
  5. DECLARATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS
  6. a) Each party hereby represents and warrants that it has the legal right, power and authority to enter into, deliver and perform this Agreement and any other documents executed in connection with or pursuant thereto.
    b) Each party represents and warrants that it shall comply with all applicable laws in the course of performing its obligations under this Agreement;
    c) The User represents that he/she has no criminal antecedents or convictions and/ or any criminal action is pending against him/her; and
    d) In addition to other prohibitions as set forth in the Terms of Use, You are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the services or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the services or any related website for violating any of the prohibited uses.
  7. DISCLAIMER OF WARRANTIES
  8. a) You expressly agree that Your use of, or inability to use, the Platform or services is at your sole risk. The Platform and/or the services and all products and services delivered to you through the services are (except as expressly stated by Us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    b) For the duration of the term of this Agreement, the Platform shall be maintained by Marc Loire and Marc Loire shall make its best efforts to deal with any technical issues affecting the Platform (such as, for instance, the Platform becoming inoperative). Marc Loire does not warrant that the User will be able to use the Platform at all times or locations on the Platform or that the Platform and the services provided through the Platform will be uninterrupted or error-free.
    c) The materials as appearing on the Platform may contain typographical errors, inaccuracies or omissions. Marc Loire reserves the right, although it is under no obligation to do so, to correct any errors, inaccuracies or omissions, and to change or update information or material as appearing on the Platform at any time without prior notice.
  9. INDEMNITY

You shall indemnify and hold harmless Marc Loire, its owner, licensee, affiliates (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use, Privacy Policy and other terms and conditions, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of Marc Loire and/or third party, including but not limited to any damages caused to the brand image of Marc Loire by means of posting wrong/obscene/ deteriorating/decadence posts/video on social media sites/blogs.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL MARC LOIRE BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSE SUCH AS AND/OR RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/OR SIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

  1. SEVERABILITY

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.

  1. FORCE MAJEURE

If the performance of Marc Loire’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of Marc Loire, or an act of God (each a “Force Majeure Event”), then Marc Loire shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that Marc Loire shall give prompt notice within a period of seven (7) business days from the date of occurrence of the Force Majeure Event and providing a description to the User of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that Marc Loire shall use reasonable efforts to avoid or remove such cause of non- performance and shall continue performance hereunder whenever such causes are removed.
If Marc Loire’s performance of its obligations under this Agreement is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, Marc Loire may terminate these Terms of Use or suspend its services or use of Platform without incurring any charges.

  1. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

The parties agree that any and all disputes arising out of in connection with this Agreement shall be governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.