Welcome to www.miscosstudio.com

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THIS WEBSITE TERMS OF USE (HEREINAFTER 'TERMS OF USE') GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

By mere use of the Platform, you shall be contracting with Miscos Studio Private Limited (“Miscos”), the owner of the Platform. These terms and conditions including the policies constitute your binding obligations, with Miscos. 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 or who has otherwise agreed to use the resources/ services available on the Platform. The terms “Miscos”, Miscos Studio”, “we”, “us”, “our” shall mean Miscos Studio Private Limited and its affiliates.

This document is an ‘electronic record’ in terms of the Information Technology Act, 2000 (“Act”) and is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries’ Guidelines) Rules, 2011 (“Rules”) that requires us to publish, rules and regulations, privacy policy and user agreement for access or usage of Miscos studios computer resource or market Platform (“Platform/ Website/ Application”).

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 Miscos Policies including but not limited to Privacy Policy as amended from time to time.

USE OF WEBSITE

By using our site and getting to the data, assets, resources, etc., you consent to utilize these resources and services as allowed by (a) the terms of this Terms of Use, and (b) appropriate laws, regulations and agree to be bound by them. The Platform is provided by Miscos and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If you do not qualify, you are not permitted to use the Platform.

YOU SHOULD UNDERSTAND THE FOLLOWING

We reserve the right to change the terms & conditions from time to time without notice. You acknowledge and agree that it is your responsibility to review the terms & conditions periodically to familiarize yourself with any modifications. Your continued use of this site/ application after such modifications will constitute acknowledgement and agreement of the modified terms and conditions.

To use our Platform and services, you might be required to provide certain information such as name, email, phone number, contact details, etc. You agree that any information you provide will always be accurate, correct, and up to date.

You are in charge of keeping up the classification of any login data connected with any record you use to get to our resources/ Platform. In like manner, you are in charge of all exercises that happen under your record/s.

Duplication, copy, imitation, of our information, resources is strictly prohibited.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, Products, or services from this site/ application, without prior written approval from us. You represent and warrant to Miscos Studio that you will not use this site for any purpose that is unlawful, immoral or prohibited by these terms, conditions, and notices. If you do not agree and accept without modification the notices, terms, and conditions set forth herein, do not use this site.

Miscos Studio disclaims all liability for damages caused by the use of content on the site.

USER ACCOUNT, PASSWORD, AND SECURITY

If you use the Platform, you shall be responsible for maintaining the confidentiality of your username and password and you shall be responsible for all activities that occur under your username and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform. You agree to immediately notify us of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session.

PRODUCTS AND SERVICES

Miscos Studio provides an online Platform for purchase of merchandise and accessories for cosmetics and related products (collectively, “Products”) and informative video content on usage of the said Products. The Products can be purchased through the Platform through various methods of payments offered. The purchase of Products shall be additionally governed by specific policies of sale, cancellation policy, exchange policy, return policy, etc. As incorporated in these terms and conditions. In addition, these terms of use may be further supplemented by product specific conditions, which may be displayed with that product.

ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our Products on the site however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the site are accurate, complete, reliable, current, or error-free and assume no liability in this regard.

USER CONDUCT AND RULES ON THE PLATFORM

You agree, undertake, and confirm that your use of the Platform shall be strictly governed by the following binding principles:
A user may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

• Users does not reply to the payment verification mail sent by Miscos Studio.
• Users fails to produce adequate documents during the payment details verification
• Misuse of another user’s phone/email
• User uses invalid address, email, and phone no.
• Overuse of a voucher code
• Use of a special voucher not tagged to the email id used.
• User returns the wrong product
• User refuses to pay for an order
• Malicious activities conducted with the sole intention to cause loss to business/revenue to Miscos Studio
• Repeated request for refund for fake/used order
• Miscos Studio may cancel any order that classify as ‘bulk orders’/’fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘bulk order’/’fraud order’ if it meets with the below mentioned criteria, and any additional criteria as may be laid down by Miscos Studio:
• Products ordered are not for self-consumption but for commercial resale
• Multiple orders placed for same product at the same address, depending on the product category.
• Bulk quantity of the same product ordered
• Invalid address given in order details
• Any malpractice used to place the order
• Any order paced using a technological glitch.

You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other users of Miscos Studio.

You shall not use any false e-mail address, impersonate any person or entity, or otherwise mislead Miscos Studio sharing multiple address and phone numbers or transacting with malafide intentions.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations.

PRIVACY

Kindly refer to the Privacy Policy to know how we gather, oversee, process, secure, and store your private data, if any.

THIRD PARTY LINKS

We are not responsible for the content of any off-site pages, or any other websites linked to or from the site. Links appearing on the site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-site pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, Products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

SPECIAL OFFERS AND EVENTS

The site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these terms and conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

INDEMNITY

You shall indemnify and hold harmless Miscos Studio, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this terms of use, privacy policy and/ or other policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

TRADEMARK, COPYRIGHT, AND RESTRICTION

All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Any improper use, including yet not constrained to the generation, appropriation, presentation, or transmission of any substance on this site is entirely precluded unless particularly approved by Miscos Studio. Material on Miscos Studio is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Miscos Studio or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

LIMITATION OF LIABILITY

THE SITE IS PRESENTED “AS IS” AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED EXCEPT OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

You agree that, to the fullest extent permitted by applicable law, Miscos Studio will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site/ application; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content; (g) any subsequent change in law or government policies; or (h) events beyond our reasonable control, including, any force majeure event.

In no event shall Miscos Studio be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

• The use or the inability to use the services or Products
• Unauthorized access to or alteration of the user’s transmissions or data
• Any other matter relating to the services including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Platform or service. Miscos Studio shall not be held responsible for non-availability of the Miscos Studio during periodic maintenance operations or any unplanned suspension of access to the Miscos Studio. The user understands and agrees that any material and/or data downloaded at Miscos Studio is done entirely at users own discretion and risk and they will be solely responsible for any damage to their mobile/ computer or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Miscos Studio’s liability shall be limited to an amount equal to the Products purchased value bought by you.

TERMINATION

Miscos Studio may suspend or terminate your use of this website or any service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these terms of service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these terms of service will survive indefinitely unless and until Miscos Studio chooses to terminate them.

• If you or Miscos Studio terminates your use of the Platform or any service, Miscos Studio may delete any content or other materials relating to your use of the service and Miscos Studio will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Miscos Studio for purposes of tax or regulatory compliance
• Miscos Studio may unilaterally terminate your account on any event as mentioned in the terms of use. Any credits earned through loyalty or referral program, Miscos Studio credit and pending refunds, if any, will be forfeited in such case. Returns/refund for such users shall be at the sole discretion of Miscos Studio.
• If you use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Miscos Studio by sharing multiple address and phone numbers or transacting with malafide intentions then Miscos Studio reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

SALE IN INDIA ONLY

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Miscos Studio make no representation that materials in the Platform are appropriate or available for use in other locations/countries other than India. Those who choose to access Platform from other locations/countries other than India do so on their own initiative and Miscos Studio is not responsible for supply of Products/refund for the Products ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.

GOVERNING LAW AND JURISDICTION

This agreement, the construction, enforcement and the interpretation of its terms and any disputes arising out of it shall be governed by the laws of India and shall be subject to the courts located in Mumbai, and you hereby submit to the personal jurisdiction of such courts.

DISCLAIMER

YOU ACKNOWLEDGE AND UNDERTAKE THAT YOU ARE ACCESSING THE SERVICES ON THE PLATFORM AND TRANSACTING AT YOUR OWN RISK AND ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS THROUGH MISCOS STUDIO. WE FURTHER EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) IN RESPECT OF QUALITY, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, PERFORMANCE, SAFETY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR LEGALITY OF THE PRODUCTS LISTED OR DISPLAYED OR TRANSACTED OR THE CONTENT (INCLUDING PRODUCT OR PRICING INFORMATION AND/OR SPECIFICATIONS) ON PLATFORM. WHILE WE HAVE TAKEN PRECAUTIONS TO AVOID INACCURACIES IN CONTENT, THIS WEBSITE, ALL CONTENT, INFORMATION (INCLUDING THE PRICE OF PRODUCTS), SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND.

Delivery related – user agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Miscos Studio within 5 days from the alleged date of delivery of product reflecting on the Miscos Studio portal. Non notification by you of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Miscos Studio disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Miscos Studio portal.

GENERAL

You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement for these Terms of Use to be proved by means of a written document.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the contact details of the Grievance Officer are provided below:

Phone: +91 8097724811
Email: care@miscosstudio.com
Time: 9.00 am to 5.00 pm
Customer Support: You can reach our customer support team to address any of your queries on: care@miscosstudio.com