1. Use of Website
This website, www.clarks.in is owned by METRO BRANDS LTD. and is operated for
your personal use and information. The use of this website is subject to the following
terms. By accessing and browsing this website, you unconditionally accept, without
limitation or qualification, these terms. This website is directed for use only by adults.
You represent that you possess the legal right and ability to create binding
obligations. METRO reserves the right to refuse service or cancel orders in its sole
discretion.
2. Privacy Policy
The privacy practices of METRO are explained in our Privacy Policy, which governs
and regulates your visit to this website. Use of this website implies that you have
read the Privacy Policy and agree to be bound by and unconditionally accept its
terms and conditions. You also consent to the use of your personal information by
METRO in accordance with the Privacy Policy, as may be amended from time to
time.
3. Product Information
METRO has made every effort to ensure that the products are fairly described that
the product information is correct, and that the colours and get up of our products are
displayed as accurately as possible. However, as the actual colours or get up you
see will vary with the quality of your monitor or because of picture quality or for any
other reason, we cannot guarantee that your display will accurately reflect the colour
or get up or any other description of the product requested on delivery. METRO does
not represent and warrant that product descriptions, photograph, get up or other
description of the product or the content of this site are accurate, complete or error-
free.
If, on receiving ordered goods, you have any cause for dissatisfaction about the
description of the product; your sole remedy is to return the product in unused
condition and without any damage of whatsoever nature, along with the invoice.
We may establish general practices and limits concerning the use of the website and
the services we provide, including limits to the size and number of any messages
and contents that have been sent, or the duration that any messages and contents
may be stored on our website. We are entitled to amend or delete any material from
our website at any time, and we will not be liable for amending or deleting or not
storing any material or contents that you may transmit to us.
4. Limitation of Liability
METRO shall not be liable for any damage, either direct or indirect, incidental or
consequential, for use of or inability to use material, products or services of any kind
that is offered or to provide indemnity or any other remedy to you or any third party.
METRO make every effort to ensure that this website is free from defects or viruses.
It is your responsibility to ensure that you use the correct equipment when using the
website, and to protect from anything that may damage it and METRO shall not be
liable for any damage, either direct or indirect, incidental or consequential, by use of
this website to you or your computer or any equipments, software' used by you.
5. Exclusion of Warranties
METRO does not warrant or represent that this website will be uninterrupted or error
free or that any information, data, content, software or other material accessible
through this website will be free from bugs, viruses, worms, trojan horses or other
harmful components. Information on this website is provided to you "as is", "with all
faults" and without warranties of any kind whether express or implied.
6. Copyrights and Trademarks
Materials on this website, including texts, images, illustrations, software, audio clips
and video clips, are owned and or provided by METRO. The material on this website
is protected by the Copyright Act (or the equivalent thereof) and by virtue of the
applicable Intellectual Property Laws and international treaties. Consequently, the
material on this website should not be copied, reproduced, republished, downloaded,
posted, transmitted, distributed or modified, in whole or in part in any form
whatsoever, directly or indirectly, including but not limited to text, audio or video, text,
photographs, images, designs, get up etc. The trademarks/trade name METRO,
logos and service marks Metro (collectively, "Marks") displayed on this website are
the registered or unregistered Marks of METRO, the other marks on the web site and
logos and service marks are the property of their respective owners and should not
be used in any manner, directly or indirectly. Nothing in this website is to be
interpreted as conferring a right to use the Marks or the material protected by the
Copyright Act (or the equivalent thereof).
7. Electronic Communications
When you visit this website or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on this website. You agree that
all agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing.
8. Survelliance
METRO may monitor the access to its website and other activities in relation to its
website and may intervene in this regard. However, METRO makes no
representation and gives no warranty to that effect. You consent to such surveillance
and intervention, if METRO ever decides to do it.
9. Confidentiality
You acknowledge that information or material which you provide electronically
through your access to or usage of this website is not confidential or proprietary,
except as may be required under applicable law or pursuant to the privacy policy of
METRO. You also acknowledge that unprotected e-mail communication over the
Internet is subject to possible interception, alteration or loss. You represent and
warrant that the information or material which you provide electronically to METRO
by accessing or using this website does not infringe the rights of any other person or
entity. You consent to METRO using that information or material, in whole or in part
by any means whatsoever, including reproducing, retransmitting or publishing this
information or material or ideas, concepts or other information contained therein for
the commercial purposes of METRO. You also consent to the disclosure of your
identity, in accordance with the Privacy Policy of METRO.
10. Harmful Information / Material
You agree not to introduce into or through this website any information or materials
which may be harmful to others. You agree not to include, knowingly or otherwise,
any error or defect in material or information which may, be a libel, slander,
defamation or obscenity, or promote hatred or otherwise give rise to a criminal
offence or civil liability on the part of any person or entity.
11. Links
Links and references to other websites are provided to you as a convenience only.
METRO has not reviewed and does not expressly or implicitly endorse other
websites or any information or material, or the accessibility thereof, via such links,
and does not assume any responsibility for any such other websites, information or
material posted thereon, or products or services offered thereon. You may not create
links from other websites to this website, except if expressly permitted by METRO.
METRO does not represent or warrant that the information or material, including the
downloadable software, accessed from or through this website will be uninterrupted
or free of errors, defects, viruses or other harmful components, or that any such
problems which are discovered will be corrected.
12. Reserve of Rights
All rights not expressly granted in these terms are reserved to METRO. Nothing
contained in these terms shall be construed as conferring by implication, estoppel or
otherwise any license or right under any copyright, patent, trademark or other
intellectual property right of METRO or any other person or to you.
13. Dispute Resolutions by Arbitration
Any dispute or claim between us arising out of any use of this website, including the
applicability or scope of this arbitration clause shall be referred to and finally resolved
by a Sole Arbitrator appointed by METRO, to the exclusion of courts of law, in
accordance with the Indian Arbitration Act, 1996. However, before you submit a
claim for arbitration, you must first contact customer service representative at
METRO and give him an opportunity to resolve the dispute. Similarly, before METRO
takes a dispute to arbitration, it must first attempt to resolve it by contacting you. If
the dispute cannot be satisfactorily resolved within sixty (60) days from the date you
may inform METRO to appoint Arbitrator to resolve the dispute and METRO shall
within 15 days from the receipt of such intimation shall appoint the Sole Arbitrator to
resolve the dispute. The venue of the Arbitration shall be at Mumbai and the
language of the Arbitration shall be English and the applicable Law shall be the Laws
of India.
Any award rendered pursuant to the arbitration shall be final and binding on both
parties and no appeal shall lie from such award. Such award may be rendered
enforceable and executory by any court having jurisdiction over the person or the
property of the person against whom enforcement of the award is sought.
Notwithstanding the provisions in this Clause, METRO shall have the right to seek
and obtain any injunctive, provisional or interim relief from any court of competent
jurisdiction to protect its trade-mark or other intellectual property rights or confidential
information etc.
14. Governing Law
This site is controlled and operated by METRO from Mumbai, India and these terms,
and any transaction conducted on or from it shall be governed by the applicable
Indian laws without reference to principles of conflict of laws. Products sold or
delivered abroad through this website shall be subject to export control laws and
regulations of India.
15. Cookies
A cookie is a short string of data that lets this website remember who you are,
serving much like a unique membership ID. We use cookies to remember keys to
some of your search preferences and other site preferences. So, we may provide a
more convenient experience during your next visit to this website.
When you leave our site, we terminate our interaction with the cookie. The cookie
stays on your computer and you can delete it any time you like. However, in that
case you have to login again and re-enter your preferences, if any.
16. No Waiver
The failure of METRO to enforce any provisions of these terms or to respond to a
breach by you or any third party of these terms shall not in any way waive the right of
METRO to subsequently enforce any of the terms and conditions contained herein or
to act with respect to similar breaches.
17. Changes to Terms / Severability
METRO may modify, update or otherwise change the terms applicable to this
website from time to time. Following the posting of such change, your continued use
of this site will constitute your acceptance of the terms, as modified. If any one of
these terms shall be deemed invalid, void, or for any reason unenforceable, such
terms shall be deemed severable and shall not affect the validity and enforceability
of remaining terms.
18. Entire Agreement
These terms or conditions incorporated or referred to herein constitute the entire
agreement amongst us with respect to the use of this website and any transaction
conducted on or from this website and its contents and supersede any prior
understanding or agreement (whether electronic, oral or written).
19. Termination
METRO reserves the right, at its sole discretion, to terminate your access to all or
any part of this site, with or without notice.
METRO reserves the right to terminate/temporarily deactivate any promotions
without prior notice.
20. Headings
The headings used herein are inserted for convenience of reference only and do not
affect the construction or interpretation of the terms and conditions herein.
21. SMS or Email Updates
MBL has the right to use the customer contact information for our own marketing
purposes. We may send regular SMS and Email updates to the registered mobile
numbers and email Ids registered with us.
22. Redemption clauses
The redemption of any promotional Gift Voucher, Offers, Discount, or any such
benefits provided under loyalty program by METRO or by any of its’ affiliates is
redeemable only once as per the given terms. These promotional benefits are only
one-time use and will not be reversed fully or partially in case the customer makes
full/partial exchange, return, or refund of all/few invoice items. METRO holds all the
rights to accept, reject, modify, or cancel this benefit without any prior intimation to
the customers.