Terms & Conditions
This “Website” is provided solely to assist customers in buying our (M4Design and Partners/Associates) products/articles/services, and for no other purposes. The terms “we”, “us”, “our” and “MFOUR” refer to M4Design. The term “you” refers to the customer visiting the Website and/or buying a product through this Website, or through our affiliates and customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of any of the terms and conditions set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. To the extent you buy products or services on this Website through our affiliates/customer service agents, you agree that this Agreement shall apply to all such transactions. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website or make any purchase/transaction through our affiliates/customer service agents in any form. It is your responsibility to monitor terms of service page of this Website regularly to determine whether the terms and conditions have been modified. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that
i. You are at least 18 years of age and are of sound mind,
ii. You possess the legal authority to create a binding legal obligation,
iii. You will use this Website in accordance with this Agreement,
iv. You will only use this Website to make legitimate purchase/transaction for you or for another person for whom you are legally authorized to act,
v. You will inform such other persons about the terms of service that apply to the purchase/transaction you have made on their behalf, including all rules and restrictions applicable thereto;
vi. All information supplied by you on this Website is true, accurate, current and complete, and
vii. If you have an account/ID created or in respect to this Website, you will safeguard your account/ID information and will supervise and be completely responsible for any use of your account/ID by you and anyone other than you.
viii. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time without notice and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to, price and availability of products/services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and associates. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website in name of MFOUR and/or its associates or otherwise. Additionally, you agree not to:
i. Use this Website or its contents for any commercial purpose;
ii. Make any speculative, false, or fraudulent purchase/transaction or any purchase/transaction in anticipation of demand;
iii. Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
iv. Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
v. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
vi. Deep-link to any portion of this Website (including, without limitation, the purchase path for any product/service) for any purpose without our express written permission; or
vii. “Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
By purchase/transaction with this Website, you authorize MFOUR and its associates to transact with your bank or other payment gateways on your behalf to obtain the necessary information required to process payment, confirm payment, resolve inquiries and billing disputes, and/or as otherwise required to manage the purchase/transaction.
We accept the following payment methods:
i. Credit Cards with MasterCard or Visa branding;
ii. International Debit Cards with Visa or MasterCard branding which your issuer allows you to use to make purchases online;
iii. Net Banking Payment;
You will not be asked to provide your online banking user name or password to MFOUR (“Account Access Data”). MFOUR does not want any information regarding your Account Access Data and you agree not to provide us with your Account Access Data.
A list of banks supporting each Net Banking Payment and Debit Cards is subject to change.
Not all payment methods may be available for all purchase/transaction, or modifications a customer may request to their transaction.
Your bank or card issuer may require the account holder or the person legally authorized to act on behalf of the cardholder to authenticate and approve the payment.
The recording and billing of account activity on your credit card is handled solely by your card issuer.
Once payment has been authorized it may appear in your account activity within a few days; however, the length of time required for the deduction of funds and recording of account activity is determined by your bank or card issuer.
Price and availability is not guaranteed until the order is confirmed explicitly.
If you fail to return to our Website or do not complete the payment process within 20 minutes, your purchase/transaction will be unsuccessful and your order will be cancelled. MFOUR shall not be responsible in any manner whatsoever in the event the payment process fails due to any reason which is beyond the control of MFOUR including without limitation a break down in any internet connection.
PayU Payments Private Limited (the “Payment Gateway”) has been authorized to process online payment transactions on behalf of MFOUR. The name MFOUR or name of the Payment Gateway will appear as the merchant name associated with your transaction and on the statement provided by your financial institution.
Your financial institution may impose an additional fee or other charges to use their payment services (“Payment Servicing Fees”), and you are solely responsible for payment for any and all such Payment Servicing Fees. MFOUR does not determine or assess such Payment Servicing Fees.
Payment Servicing Fees, if any, are not included in the purchase price displayed on our Website, your invoice or the receipts provided by MFOUR.
If payment is completed, but the order is not confirmed by us, your funds will not be sent to MFOUR. Instead, the Payment Gateway will hold the funds and we will request the Payment Gateway to return such funds to the originating source.
Making a successful payment is not a contract, and MFOUR makes no guarantee that the product/service will continue to be available or be available at the same price in the event an order is not confirmed.
MFOUR shall have no obligation to replace the unconfirmed order, accept another order in lieu of the unconfirmed order, or to compensate you for such unconfirmed order. Any subsequent orders will be treated as a new transaction and will require a new and separate payment. No order information will be carried over from any previous invoice/order. No payment made for a prior unsuccessful order can be applied towards your new order. However payment made against unsuccessful orders shall be reversed by payment gateway. MFOUR has no control over such reversal in terms of time and amount.
LIMITATION OF LIABILITY AND DISCLAIMER
The information, software, products, and services published on this website may include inaccuracies or errors, including pricing errors. In particular, the MFOUR do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the product/service displayed on this Website (including, without limitation, the pricing, photographs, list of features/specifications, general product descriptions, etc.), Much of which information is provided by the respective suppliers. In addition, MFOUR expressly reserves the right to correct any pricing errors on our website and/or on pending orders made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending order at the correct price or we will cancel your order.
Product ratings displayed (if any) on this website are intended as only general guidelines, and the MFOUR do not guarantee the accuracy of the ratings. The MFOUR and its associates make no guarantees about the availability of specific products and services. The MFOUR and its associates may make improvements and/or changes on this website at any time.
The MFOUR and its associates make no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the MFOUR. All such information, software, products, and services are provided “as is” and “as available” without warranty of any kind. You may transact if you expressly acknowledge and agree that your use of services on the website or of the website in any manner is at your own risk. The MFOUR and their suppliers disclaim all warranties and conditions that this website, its servers or any email sent from the MFOUR and/or its associates are free of viruses or other harmful components. The MFOUR and its associates hereby disclaim all warranties and conditions with regard to this information, software, products, services, and mapping functionality and the accuracy thereof, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement. Without limiting the foregoing, we accept no responsibility for and shall not be liable in respect of any loss or damage or alterations, delays or changes arising from unusual and unforeseeable circumstances beyond our control.
In no event shall the MFOUR and/or its associates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions (if any) appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the MFOUR, its associates and/or their respective affiliates/customer service agents have been advised of the possibility of such damages.
If, despite the limitation above, the MFOUR, its associates or their respective affiliates/customer service agents are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the MFOUR, its associates or their respective affiliates/customer service agents liabilities will in no event exceed, in the aggregate, the greater of the product/service price/fees you paid to MFOUR in connection with such transaction(s) on this Website.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the MFOUR, its associates, and/or their respective affiliates/customer service agents.
You agree to defend and indemnify the MFOUR, its associates, and/or their respective affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than MFOUR. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. You agree that MFOUR will not incur any liability for any loss or damage that you may incur due to using any service on that link or any transaction entered into on that other site. The fact that MFOUR has agreed to have that link on its Website does not imply any assurances or guarantees as to the quality and nature of goods and services being provided by that other site.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website (“Software”) is the copyrighted work of MFOUR, its associates, and/or our respective affiliates. Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the MFOUR, its associates, and/or our respective affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
BANK AND CREDIT CARD FEES
Many card companies charge their account holders a transaction fee when the card issuer and the “merchant location” (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee is determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. When applied by the card issuer, the fees may be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for an order booked on the Website. If you have any questions about these fees or any exchange rate applied to your purchase/transaction, please contact your bank.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: © 2014 MFOUR All rights reserved. MFOUR and/or its associates is not responsible for content on websites operated by parties other than MFOUR. MFOUR and its associates text and logo are either registered trademarks or trademarks of MFOUR in India and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at "info [at] m4design [dot] in".
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us an informatory email that includes the following information:
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
Email with respect to this Website should be sent to "info [at] m4design [dot] in". We will review and address all emails that comply with the requirements above.
This Website is operated by an Indian entity and this Agreement is governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts at New Delhi, India, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and the MFOUR as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within three (3) months from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and MFOUR with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and MFOUR with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
You may contact us by email for a reply within 48 hours by sending an email to "info [at] m4design [dot] in".
Or, you can contact us by telephone, at +91-9899008300 between 10:00AM to 6:00PM, Monday to Friday.