Terms & Conditions
Men Swag solely reserves the right to accept, reject and remove users from registrations on the website & related web assets without stating any reason thereof. We reserve the right to restrict access to some parts or all of this website.
JURISDICTION AND GOVERNING LAW
Any dispute or difference arising any time between the Parties hereto in respect of the Agreement or the interpretation of any of the provision of this Agreement and/or any amendments or modification thereof for the time being and from time to time in force, shall be decided in accordance with Indian Law by Courts situated in Chandigarh, which
Courts shall have the exclusive jurisdiction to adjudicate such disputes.
“Agreement” means the aforesaid terms and conditions; “Men Swag” refers to the trade name Men Swag operating under ALNA BIOTECT PVT.LTD.; “Products” mean consumer items, inclusive of but not restricted to, facewash, serum, Body Scrub, Cream, Scrub and other cosmetics products and other items as may be manufactured / sourced by Men Swag from time to time; “Offerings” mean all the products, packages, features, applications and the like provided by us, inclusive of but not restricted to, site functionalities, subscription and any other third party offerings. “Site” means the website maintained by Men Swag, http://menswagg.com/ on which all the Creations, Products and Reproductions shall be displayed for the benefit of the users of the website; “End User(s)” means any person, who may or may not have an account registered on the Site, who has logged on to the Site for the purpose of browsing and/or use of the features available thereon.
LICENSE & SITE ACCESS
Men Swag , Menswag & menswagg.com does not permit copying or downloading of any kind of content (text, graphics, clip arts, icons, images, audio clips, videos or software) and these are solely owned by ALNA BIOTECH PVT LTD. Any unauthorized use of the content of the website by you shall bring to an immediate end, any permissions granted to you by Men Swag& result in appropriate action at the sole option of the Company. MEN SWAG and related web assets on third party sites may include links to third party websites that are controlled and maintained by others. Any link to other websites or any other destination on the internet or mobile is not an endorsement of such websites or destination and MEN SWAG or its properties are not liable for the content or availability of any such sites. Unauthorized use of MEN SWAG may give rise to a claim for damages and/or regarded as a criminal offense resulting in appropriate legal action.
INCORPORATION BY REFERENCE
TRADEMARKS & LOGOS
The trademarks, logos and service marks displayed on menswagg.com are registered trademarks of ALNA BIOTECH PVT LTD.., its affiliates and other respective third parties. Nothing contained on menswagg.com should be construed as granting any license or right to use any trademarks without the prior written permission of the website owner.
Use of menswagg.com shall in all respects be governed by the laws of India, regardless of the laws that might be applicable under principles of conflicts of law. These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws. Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
menswagg.com, its officers, directors, shareholders, parents, subsidiaries, affiliates, employees, or joint venture partner are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages and/or costs of any kind, arising from your use of this website or your breach of these terms.
LIMITATION OF LIABILITY
In any event the liability of menswagg.com, for any loss or damage caused to you, whether direct or indirect, shall not exceed the amounts already paid by you to the menswagg.com in relation to the purchase of Offerings through your Account. menswagg.com will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of menswagg.com, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. We suggest you take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of destructive nature. While availing any of the payment method/s offered by menswagg.com, menswagg.com is not responsible or takes no liability of any kind in respect to any loss or damage arising directly or indirectly to you out of the decline due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by you and between your “Bank/s” and/or Service Provider/s, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reasons.
Certain of our Offerings, including the purchase of any products offered by us, may be subject to payments now or in the future (the “Paid Offerings”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Offerings (your “Billing Account”) for use of the Paid Offerings. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Offerings, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Offerings in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
We may terminate your access to all or any part of the Offerings at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Offerings. Any fees paid hereunder are non-refundable. All provisions of these Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.