Terms and Conditions

Personal Information

MODE is the owner of the brand and the Android App MODE. MODE respects your privacy. This Privacy Policy provides succinctly the manner your data is collected and used by MODE on the App. As a visitor to the App/ Customer you are advised to please read the Privacy Policy carefully. By accessing the services provided by the App you agree to the collection and use of your data by MODE in the manner provided in this Privacy Policy.

Services Overview

As part of the registration process on the Site, MODE may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile number, WhatsApp number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the App you visit/access, the links you click on the App, the number of times you access the page and any such browsing information.

Eligibility

Services of the App would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the App. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the App only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited

License & Site Access

MODE grants you a limited sub-license to access and make personal use of this App and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MODE. This license does not include any resale or commercial use of this App or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this App or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This App or any portion of this App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MODE. 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 the App or of MODE and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the App’s or MODE’s name or trademarks without the express written consent of MODE. Any unauthorized use terminates the permission or license granted by MODE.

Account & Registration Obligations

All shoppers have to register and login for placing orders on the App. You have to keep your account and registration details current and correct for communications related to your purchases from the App. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in “My Account” or by contacting the customer service. 

Pricing

All the products listed on the App will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

Cancellation

We make every effort to fulfill all the orders placed. However, please note that there may be certain orders that we are unable to process and must cancel. The reasons include limitations on quantities available for purchase, inaccuracies or errors in product, pricing and stock information, or problems identified by our credit and fraud avoidance department.

Our Customer Service Team will communicate to you if all or any portion of your order is cancelled. If your order is cancelled, we will refund the money in Mode Wallet, which can be used for any purchases on MODE App OR can be transferred to the Bank Account. User would need to send us bank account details. 

Please contact our Customer Service in case you wish to cancel the Order. On receipt of the cancellation notice, we shall cancel the order and refund the entire amount (less any transaction charges or banking charges that might have been incurred by us) if the order has not been processed by us. We will not be able to cancel orders that have already been processed or shipped out by us. In some cases this can happen in an hour after you place the order.

If the payment mode was prepaid mode, we will refund the money in Mode Wallet, which can be used for any purchases on MODE App OR can be transferred to the Bank Account. User would need to send us bank account details and then initiate transfer from wallet within 3 months of refund. Refund amount in bank processing charge will be 5% apply.

Typically refunds take 3-5 Business days to get reflected in Bank Account.

Any shipping fees charged against the order will not be refunded back. 

Please feel free to mail us at helpdesk.mode@gmail.com if you have any questions.

Returns Policy

We are committed to ensuring your satisfaction with any product you have ordered from us. If you are not satisfied with any product, we will accept returns within 7 days from the date of delivery as follows

In the unlikely event that any product you have ordered from us is not received in good condition, is damaged or defective, or if product delivered is different from what you had ordered, you may return the product unused along with its original invoice, and in the same condition as you received it, in its original packaging along with original tags, for a refund or an exchange, within 7 days from the date on which these goods are delivered. In this situation, we will not receive any return request from you without proper pack opening video. Cut video is not accepted.

Please do not accept delivery of any item whose outer packaging is damaged or tampered with in any manner. Please contact customer care if you open the packaging and discover that the item is damaged.

Products damaged while being used do not qualify for a refund or replacement.

In case we are unable to replace the damaged / defective product, we will refund back the order amount to you.

We will request you to send the products to us via courier on your own expenses. Ensuring that the product reaches un-damaged in our warehouse in this case is customer’s responsibility hence we recommend using only reputed courier services and claim refund from them directly in case the package is lost by them.

Refund shall be initiated once the products reaches back our warehouse and necessary checks are completed to clear the refund process.

We strive to have the returns process as quick as possible however customer cannot claim any interest/penalty due to transit or any other returns processing delays.

We hold the right to deduct shipping charges of Rs.50 for every 1 kg of consignment weight.

We hold the right to cancel the order placed by the customer OR refuse the return request in case the customer has returned too many orders.

In case of multiple products order, return request should be placed together for all the products you want to return.

We always strive hard to provide the best experience to our customers. However, we have noticed that few accounts abuse our liberal returns policy and these accounts typically return most of the items bought or choose to not accept shipments. Hence, our regular customers are deprived of the opportunity to buy these items. To protect the rights of our customers, we reserve the right to collect shipping charge of Rs.50 per every kg for all orders and disable accounts which have high percentage of returns.

NOTE :  We Will Not Receive Any Return Request From You Without Proper Pack Opening Video. Cut Video Is Not Accepted.

Mode of Return

Customer send shipment own cost. Courier charges not reversible.

You may contact our Customer Care within 7 calendar days of having received the product and request a return / exchange, subject to the above mentioned terms and conditions. We shall process the return / exchange subject to receipt of the products at our location in an unused condition and in its original packaging along with the invoice, failing which return / exchange may not be possible.

At the time of collecting the products, you will be given a courier Airway Bill, which we request you to retain for future reference.

You Agree and Confirm :

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by MODE for redelivery shall be claimed from you.

That you will use the services provided by the App, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the App.

You will provide authentic and true information in all instances where such information is requested of you. MODE reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

You authorize MODE to contact you for any transactional purposes related to your order/account.

That you are accessing the services available on this App and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this App.

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the App for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Gaining unauthorized access to other computer systems.

Interfering with any other person’s use or enjoyment of the App.

Breaching any applicable laws;

Interfering or disrupting networks or web sites connected to the App.

Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Colours

We have made every effort to display the colours of our products that appear on the App as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

Modification of Terms & Conditions of Service

MODE may at any time modify the Terms & Conditions of Use of the App without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the App. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this App.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Ranaghat shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by MODE and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held at Ranaghat. The High Court of judicature in Kolkata alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the App on or by this App or otherwise disclosed, submitted or offered in connection with your use of this App (collectively, the “Comments”) shall be and remain the property of MODE. Such disclosure, submission or offer of any Comments shall constitute an assignment to MODE of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, MODE owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. MODE will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. MODE is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the App will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the App will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. MODE does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the App. You grant MODE the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify MODE and its affiliates for all claims resulting from any Comments you submit. MODE and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

MODE, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this App. Access to this App does not confer and shall not be considered as conferring upon anyone any license under any of MODE or any third party’s intellectual property rights. All rights, including copyright, in this App are owned by or licensed to MODE from NBCE Skill Development Pvt. Ltd. Any use of this App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of MODE. You may not modify, distribute or re-post anything on this App for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of MODE, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this App. Access to this App does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply MODE endorsement, sponsorship or recommendation of the third party, information, product or service. MODE is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this App (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the App for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the App or any related software. All software used on this App is the property of MODE or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this App may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this App is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by MODE, one of its affiliates or by third parties who have licensed their materials to MODE and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this App is the exclusive property of MODE and is also protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this App or any services provided on the App, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the App and any service at your sole risk and that to the fullest extent permitted under applicable law, MODE and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless MODE, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to MODE or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or MODE. You may terminate this User Agreement at any time, provided that you discontinue any further use of this App. MODE may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the App, Such termination will be without any liability to MODE. Upon any termination of the User Agreement by either you or MODE, you must promptly destroy all materials downloaded or otherwise obtained from this App, as well as all copies of such materials, whether made under the User Agreement or otherwise. MODE’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the App or affect any liability that may have arisen under the User Agreement.