Welcome to Myntra. By signing up for a ‘Myntra Account’ or by using any Myntra services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”) for accessing and using www. myntraglobal.com (hereinafter referred to as "Platform").
As used in these Terms of Service, “We”, “Us”, “Our” and “Myntra” means applicable Myntra Designs Private Limited, and “You”, “Your” means the Myntra User (if registering for or using a Myntra Service as an individual).
The Platform is owned by Myntra Designs Private Limited, having its registered office at Buildings Alyssa, Begonia and Clover situated in Embassy Tech Village, Outer Ring Road, Devarabeesanahalli Village, Varthur Hobli, Bengaluru – 560103, India and its branch office at Plot 82 A - 2nd and 3rd Floor, Sector 18 Gurugram Haryana, India.
You agree and acknowledge that You are above the age of 18 and are competent to transact on the Platform. Your use of Myntra services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Myntra including the applicable policies which are incorporated herein by way of reference. By mere use of the Myntra, You shall be contracting with Myntra Designs Private Limited, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Myntra.
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 a ‘Registered User’. The terms "Myntra", "We", "Us", "Our" shall mean Myntra Designs Private Limited and its affiliates.
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 Myntra policies including but not limited to ‘Privacy Notice’, cookie policy as amended from time to time.
- User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your ‘Display Name and Password’ and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block Your access on the Platform. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
In the event of a device being associated with multiple logins or sign ups, as a measure to enhance customer's security and privacy as well as safeguarding your sensitive information for any potential risks, Myntra sometimes consider moderating users and their association with devices while using the Myntra app or website.
Your mobile phone number is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through an OTP verification. You agree that Myntra shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under Your account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform. You agree to immediately notify Myntra of any unauthorized use/breach of your password or account.
If You share or allow others to have access to Your account on the Platform ("Account"), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information, You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
If You have not accessed Platform for a period of 2 (two) years, Your data (including transactional data) will be deleted from Our record and You will not be able to access such data.
Please review our Privacy Notice, which also governs your visit to this Platform, to understand our practices. The personal information / data provided to us by you during the course of usage of Platform will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being processed, transferred or used, please do not use the website.
- Services Offered:
Myntra provides a number of internet-based services through the Platform. One such service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference).
Myntra does not warrant that the product descriptions or other content on the Platform are accurate, complete, reliable, current, or free from errors and assumes no responsibility for such content. You agree and acknowledge that the seller(s) is/are solely responsible for ensuring the accuracy of the information, including all required details by applicable laws, in the product description.
- Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for their transactions on the Platform. Myntra is not and cannot be a party to or control in any manner any transaction between the Myntra's Users. Henceforward:
● All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services. Myntra does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers.
● Myntra does not make any representation or warranty as to specifics (such as quality, quantity, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
● Myntra is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. Myntra cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Platform.
● At no time shall Myntra hold any right, title or interest over the products nor shall Myntra have any obligations or liabilities in respect of such contract entered into between buyers and sellers.
● Myntra is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Myntra is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer. At no time shall Myntra hold any right, title or interest over the products nor shall Myntra have any obligations or liabilities in respect of such contract. Myntra is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
● Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by the seller may be incorrectly reflected and in such an event the seller may cancel such your order(s).
● You release and indemnify Myntra and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Myntra and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, Myntra cannot take responsibility or control the information provided by other Users which is made available on the Platform.
- 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:
● You shall not host, display, upload, modify, publish, transmit, update or share any information which:
o belongs to another person and to which You do not have any right to
o is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
o is misleading in any way
o involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
o promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
o infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity
o contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
o provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
o contains video, photographs, or images of another person (with a minor or an adult).
o tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
o interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services
o infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
o violates any applicable law for the time being in force
o shall not be false, inaccurate or misleading
o shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers
● You may not use the Platform for any illegal or unauthorized purpose, nor may you, in your use of the platform, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to your location, nation, territory, or the laws of India. You will comply with all applicable laws, rules, and regulations (including, but not limited to, obtaining and adhering to the requirements of any license or permit, advice or prescription necessary to make purchases or use the platform) while using the platform and fulfilling your obligations under the Terms of Service.
● A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
o Users don't reply to the payment verification mail sent by Myntra
o Users fail to produce adequate documents during the payment details verification
o Misuse of another User's phone/email
o Users use invalid address, email and phone no.
o Overuse of a voucher code
o Use of a special voucher not tagged to the email ID used.
o Users refuse to pay for an order
o Users involved in the snatch and run of any order
o Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Myntra
o User with excessive returns
o Repeated requests for monetary compensation for fake/used order
● Myntra may cancel any order that classifies 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 the below-mentioned criteria, and any additional criteria as defined by Myntra:
o Products ordered are not for self-consumption but for commercial resale
o Multiple orders are placed for the same product at the same address, depending on the product category.
o A bulk quantity of the same product ordered
o Invalid address given in order details
o Any malpractice used to place the order
o Any promotional voucher used for placing the 'Bulk Order' may not be refunded
o Any order placed using a technological glitch/loophole.
● Myntra does not facilitate business to business transaction between sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.
● 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 Myntra.
● You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Myntra by sharing multiple address and phone numbers or transacting with malafide intentions.
● We on certain landing pages even allow our Users to experience a free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, You accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Myntra on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
● You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
● 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 may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
● You shall not share personal data relating to other individuals, unless you have the authority to do so including permitting us to use the data in accordance with the Privacy Notice.
● You shall at all times ensure full compliance with the applicable provisions of all applicable Domestic laws, rules and regulations and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Services Tax, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies, applicable taxes of the related geographies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
● You represent and warrant that (i) you will not export, re-export, or re-transfer any products purchased from the platform to any country and/or individuals/entities to which export or import is restricted under United States law or any jurisdiction subject to Embargoed Country (which, for the purposes of these terms, means a country or territory in respect to which the U.S. has issued an embargo from time to time, at present Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk and Luhansk regions of Ukraine); (ii) you are not a person identified on the U.S. or other applicable government restricted party lists with whom transactions are prohibited, including but not limited to OFAC’s Specially Designated Nationals (“SDN”) List or the EAR’s Entity List or Denied Persons List (collectively, “Restricted Parties”), or any person acting on behalf of such party.
●
● The Content posted does not necessarily reflect Myntra views. In no event shall Myntra assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
●
● Myntra hereby disclaims any guarantees or warranty of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User.
- Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Myntra has no control over such third party user generated content as Myntra is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Notice as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
You may use information on the products and services purposely made available on the Platform for downloading, provided that You
● do not remove any proprietary notice language in all copies of such documents,
● use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
● make no modifications to any such information, and
● do not make any additional representations or warranties relating to such documents,
● In the event of cancellation of any products in the order placed with an offer, thereby falling below the minimum required threshold as required by the offer, the user shall be deemed ineligible for the offer. Any cashback already credited would be void & be deducted from the value of the item being returned/canceled & the remaining balance would be processed as a refund. Myntra reserves the right to modify the terms and conditions at any time, without prior notice..
- Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Myntra does not warrant thatPlatform will be constantly available, or available at all or that the information on Platform is complete, true, accurate or non-misleading.
You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS, if you have not opted for.
- Income-tax
● Myntra would withhold taxes as applicable under the Income-tax Act, 1961. Currently, Myntra is liable to withhold taxes under section 194-O of the Income-tax Act, 1961 at the applicable rate on sale of goods or provisions of services facilitated on the Platform. Accordingly, the portal would make the payment in respect for sale of goods or provisions of services facilitated through the portal after deducting the applicable taxes. You shall be required to provide your TAN, if applicable, without which we shall not reimburse any TDS remitted by you to the government.
● Where you provide Nil/Lower deduction tax certificate issued under Section 197 of the Income-tax Act, 1961 (‘LDC’), to Myntra, it would deduct/collect taxes at the rates specified in the said certificates. In case, if the said LDCs are modified by the Income-tax Officer subsequently, you are responsible to inform Myntra and any liability arising on account of omission, shall be your obligation.
● Myntra will withhold taxes at higher rates as applicable under Section 206AA of the Income-tax Act, 1961 in case warranted.
● Myntra agrees to furnish Form 16A to you within prescribed timelines as per the Income-tax Act, 1961.
Seller shall request for reimbursement of TDS after sharing the Form 16A for any given financial year before August 31st of the next financial year. Myntra shall verify the same with its Form 26AS and will reimburse accordingly. Myntra shall not reimburse any TDS for the requests received after August 31st of the next financial year.
● You are responsible to collect applicable taxes (‘TCS’) under provisions of Chapter XVII BB of the Income-tax Act, 1961 on sales made or provision of services to buyers and to ensure the requisite compliances in this regard. Myntra will not be liable for any withholding tax or other compliances that will be applicable to the buyer/you in that capacity.
8. Payment
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
● Lack of authorization for any transaction/s, or
● Exceeding the preset limit mutually agreed by You and between 'Bank/s', or
● Any payment issues arising out of the transaction, or
● Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform by you shall be compulsorily in USD acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, seller may request you to provide supporting documents (including but not limited to identity and address proof issued by appropriate government authority of Your country) to establish the ownership of the payment instrument used by You for Your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
In connection to the purchase, customers will not use any cards for any transactions issued by banks from the following countries/regions: Iran, Cuba, North Korea, Syria, Russia, Belarus, Ukraine (Crimea, Donetsk, Luhansk regions).
Further:
● Transactions, rransaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal-to-principal bipartite contractual obligations between buyer and seller and payment facility is merely used by the buyer and seller to facilitate the completion of the transaction. Use of the payment facility shall not render Myntra liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Myntra's Platform.
● You have specifically authorized Myntra or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically) to and from other Users in respect of transactions through payment facility. Your relationship with Myntra is on a principal to principal basis and by accepting these Terms of Use you agree that Myntra is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Myntra's Platform that are paid for by using the payment facility. Myntra does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
● You understand, accept and agree that the payment facility provided by Myntra is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment collection and remittance facility for the transactions on the Myntra Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Myntra is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the transaction trice.
● Refund shall be made in USD only and shall be equivalent to the transaction price received in USD.
● Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
● Refund shall be conditional and shall be with recourse available to Myntra in case of any misuse by Buyer.
o We may also request you for additional documents for verification.
● Refund shall be subject to Buyer complying with Policies.
o Myntra reserves the right to impose limits on the number of transactions or transaction price which Myntra may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
● Myntra reserves the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Myntra or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
● Myntra may delay notifying the payment confirmation i.e. informing seller to dispatch, if Myntra deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, Myntra may hold transaction price and Myntra may not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.
● The buyer and seller acknowledge that Myntra will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of Myntra.
Buyer and seller shall comply with all the applicable laws applicable to them respectively for using payment facility and Myntra Platform.
Buyer's arrangement with issuing bank:
● All Valid Credit / Debit Card are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the buyer and the respective issuing bank and payment instrument issuing company.
● In connection to the scope of this engagement, customers will not use any cards for any transactions issued by banks from the following countries/regions: Iran, Cuba, North Korea, Syria, Russia, Belarus, Ukraine (Crimea, Donetsk, Luhansk regions).
- E-Platform for Communication:
You agree, understand and acknowledge that Myntra is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Myntra is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Myntra.
- Indemnity:
You shall indemnify and hold harmless Myntra, 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 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 operated and controlled by Myntra, and the products are sold by respective sellers. All content on the Platform, including but not limited to images, illustrations, audio clips, video clips, and text, is protected by copyrights, trademarks, and other intellectual property rights. You agree not to use any Myntra trademarks, logos, other proprietary marks, or any other intellectual property of Myntra unless you have obtained prior written permission from Myntra.
Myntra grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform. The material on Myntra is intended only for your personal use, and you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute such material in any form or manner, including via email or other electronic means, whether directly or indirectly, or assist others in doing so. Without the prior written consent of the owner, modification and/or use of the materials on any other Myntra 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 and intellectual property rights, and is prohibited. For the purpose of this clause, any use where you receive remuneration, whether monetary or otherwise, will be considered a commercial use.
You will retain ownership of any content you provide or upload when using any of our services, including text, data, images, photographs, music, sound, video, or other materials. You are solely responsible for ensuring that any content you upload does not infringe upon any intellectual property rights or violate any applicable laws.
However, by uploading content, you grant Myntra a royalty-free, unconditional, perpetual, and worldwide license to use, reproduce, and distribute such content for legitimate business purposes. You represent and warrant that you have all necessary rights to grant this license.
You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of Our Terms of Use. You also agree not to post any content that is false and misleading or uses Our services in a manner that is fraudulent or deceptive.
Myntra is not responsible for any content uploaded by users. You agree to indemnify and hold Myntra harmless from any claims or legal action related to content you upload or post on the Platform.
- Limitation of Liability:
In no event shall Myntra 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
● breach of condition, representations or warranties by the manufacturer of the products
● 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. Myntra shall not be held responsible for non-availability of the Myntra during periodic maintenance operations or any unplanned suspension of access to the Myntra. The User understands and agrees that any material and/or data downloaded at Myntra is done entirely at Users 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 extend that is permissible under law, Myntra’s liability shall be limited to an amount equal to the product(s) or services(s) purchased value bought by You. Myntra shall not be liable for any dispute or disagreement between Users
- Termination:
Myntra may suspend or terminate Your use of Myntra 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 Myntra chooses to terminate them.
● If You or Myntra terminates your use of the Platform or any service, Myntra may delete any content or other materials relating to your use of the service and Myntra will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Myntra for purposes of tax or regulatory compliance.
● Myntra may unilaterally terminate Your account on any event as mentioned in the Terms of Use. ‘User Conduct and Rules on the Platform’. Refund for such Users shall be at the sole discretion of Myntra.
● 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 Myntra by sharing multiple address and phone numbers or transacting with malafide intentions then Myntra reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
- Territorial Scope::
Unless otherwise specified, the materials on the Platform are intended exclusively for sale in the following countries: Canada, United States, United Arab Emirates, Saudi Arabia, Singapore, the United Kingdom, Malaysia, Australia, South Africa, Sri Lanka, and Nepal (collectively referred to as "Serviceable Countries"). The Platform does not guarantee that the materials provided are suitable or available for use in any countries or regions outside the Serviceable Countries. Users who access the Platform from countries or locations other than the Serviceable Countries do not do so as the Platform is not liable for the supply or refund of products ordered from such locations. Furthermore, users are responsible for ensuring compliance with any applicable local laws.
- Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, and appropriate authorities at Bengaluru. The place of jurisdiction shall be exclusively in Bengaluru, Karnataka, India.
- Contacting the Seller:
At Myntra, we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Myntra about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at support@myntraglobal.com or access help center at https://www.myntra.com/contactus
- Disclaimer:
a) 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 Myntra. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any or all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, quantity, 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. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Myntra nor shall Myntra have any obligations or liabilities in respect of any transactions on Platform.
b) Myntra expressly disclaims any liability for any legal or regulatory issues that may arise under the laws of Your country in connection with your use of the Platform. You agree to indemnify and hold harmless the Platform, its affiliates, officers, directors, and employees from any claims, damages, fines, penalties, or losses arising from your failure to comply with any foreign laws or regulations. By using the Platform, you acknowledge that you are solely responsible for understanding and adhering to the legal requirements in the country.
c) 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 Myntra within 5 days from the alleged date of delivery of product reflecting on the Myntra 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. Myntra 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 Myntra portal.
- Disclaimer
Myntra acts solely as a facilitator in connecting buyers with sellers. Our role is to provide a platform for these transactions, and we do not have any control over or responsibility for the quality of the products or services offered by sellers.
By using our facilitation services, you acknowledge and agree that:
- Any issues or disputes arising from the purchase or use of the seller's products or services must be resolved directly with the seller.
- Myntra does not endorse, guarantee, or assume any responsibility for the actions or omissions of any seller.
- Myntra makes no representations or warranties regarding the goods or services provided by sellers, including but not limited to, their quality, fitness for a particular purpose, or compliance with any laws or regulations.
- You consent to share your name and contact details with the seller or brand to facilitate this service in accordance with the Privacy Notice. You may be required to share some additional personal data directly with the seller, Myntra shall not be responsible for any use or handling of your additional personal data shared with the seller or brand, and you acknowledge that such sharing is necessary for the fulfillment of the service. You should exercise caution before sharing any additional information with the seller.
- Cart Notification
You understand that, in the event selected products in your cart is out of the inventory, Myntra provides You an option in your cart to select the product of another seller, You understand that price of the product by another seller may differ.
- Multiple Sellers
You understand that products of a particular style may be sold on the Platform by multiple sellers and the product price on the listing page of the Platform, may not always reflect the lowest price for that particular style. This is because the seller whose price is displayed on the list page is selected based on the application of a number of parameters and price is only one such parameter. However, once you land on the product display page on the Platform for a specific style, You will have access to the price offered by all sellers on the Platform for the relevant style.
- Modifications
· Myntra reserves the right, in our sole and absolute discretion, to update or change any portion of the Terms of Use at any time. Myntra will provide you with reasonable advance notice of changes to the Terms of Use that materially adversely affect your use of the Platform or your rights under the Terms of Use by sending an email to the Primary Email Address, or by similar means. However, Myntra may make changes that materially adversely affect your use of the Platform or your rights under the Terms of Use at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless Myntra indicates otherwise in our notice (if applicable), any changes to the Terms of Use will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Platform after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Use as amended. If you do not agree to the amended Terms of Use, you must stop accessing and using the Platform.
· Myntra may change the Fees for the Platform from time-to-time. Myntra will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Platform (or any part thereof).
- Consumer Complaints
In case of any consumer complaints, the contact details are provided below:
Myntra Designs Pvt Ltd,
Alyssa, Begonia and Clover situated in Embassy Tech Village,
Outer Ring Road, Devarabeesanahalli Village, Varthur Hobli,
Bengaluru - 560103, Karnataka, India
Email: support@myntraglobal.com
Time: Mon – Fri (9:00 - 18:00)
Customer Support: You can reach our customer support team to address any of your queries or complaints by using the “Help” section of the Platform.