Terms of Use

Welcome to Miho. This document is an electronic record in accordance with the laws laid down under the Information Technology Act, 2000 that requires publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Miho marketplace platform - www.wearmiho.com (hereinafter referred to as "Platform").

INTRODUCTION

The Platform is owned by Miho, having its registered office at 3/295, Marris Road, Pragati Vihar, Aligarh, Aligarh, Uttar Pradesh, 202001.

GENERAL TERMS

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 the Platform by providing data while registering on the Platform as Registered User. The term "Miho", "We", "Us", and "Our" shall mean Miho.

Your use of the platform is governed by the following terms and conditions ("Terms of Use") as applicable to Miho including the applicable policies which are incorporated herein by way of reference. By mere use of the platform, you shall be contracting with Miho, the owner of the Platform. These terms and conditions including the policies constitute your binding obligations with Miho.

When you use any of the services provided by us through the Platform, 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 these Terms of Use and shall be considered as part and parcel of the 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 Miho Policies including but not limited to the Privacy Policy as amended from time to time.

EXACTNESS OF THE PRODUCT

The images of the items on the Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the product. Your product(s) may vary slightly from those images. All sizes and measurements of items are approximate; however, we do make every effort to ensure they are as accurate as possible.

PRICING

We ensure that all details of prices appearing on the Platform are accurate, however, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. The products available on the Platform are for retail sales, intended for end-user consumption and are in no way available for resale.

Additionally, prices for items may change from time to time without notice. However, these changes will not affect orders that have already been dispatched. The price of an item includes tax at the prevailing rate for which we are responsible as a seller. Please note that the prices listed on the Platform are only applicable for items purchased on the website and not through any other source.

PRIVACY

Our Privacy Policy incorporated by reference in these Terms of Use sets out how we will use the personal information you provide to us. By using this Platform, you agree to be bound by the Privacy Policy, and warrant that all data provided by you is accurate and up to date.

INDEMNITY

You shall indemnify and hold harmless Miho, 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 these Terms of Use, Privacy Policy and 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

The platform is controlled and operated by Miho and products are sold by Miho. All the material on the Platform, including products, images, illustrations, audio clips and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Miho 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 Miho 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. It is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service. However, we reserve the right to use/reproduce any content uploaded by you and you agree to grant royalty-free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purposes.

LIMITATION OF LIABILITY

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

1. the use or the inability to use the Services or Products
2. unauthorized access to or alteration of the user's transmissions or data
3. 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. Miho shall not be held responsible for the non-availability of the Miho Platform during periodic maintenance operations or any unplanned suspension of access to the Miho Platform. The User understands and agrees that any material and/or data downloaded at Miho is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extent that is permissible under law, Miho’s liability shall be limited to an amount equal to the value of the Products bought by you. Miho shall not be liable for any dispute or disagreement between Users.

TERMINATION

Miho may suspend or terminate your use of the Platform 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 Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Miho chooses to terminate them.

1. If you or Miho terminates your use of the Platform or any Service, Miho may delete any content or other materials relating to your use of the Service and Miho will have no liability to you or any third party for doing so. However, your transaction details may be preserved by Miho for purposes of tax or regulatory compliance.
2. 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 Miho by sharing multiple addresses and phone numbers or transacting with malafide intentions then Miho reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

THIRD-PARTY LINKS

Third-party links on this site 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. 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.

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and constructed in accordance with the laws of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, and applicable authorities at Aligarh. The place of jurisdiction shall be exclusively in Aligarh.

CONTACT

For queries, you can reach out to us at wearmiho@gmail.com