Terms & Conditions
Miakk Skincare Private Limited
This website, www.miakk.in is owned and operated by Miakk Skincare Pvt. Ltd. a company incorporated under the Indian Companies Act, 2013 with its registered office at BMW House Lalpur road, Gwarighat Jabalpur, Madhya Pradesh 482002 India.
Welcome to Miakk's website. By accessing, browsing, or using this site, you agree to abide by our Terms and Conditions ("Terms"), Privacy Policy, and other applicable policies found throughout the website concerning specific features, services, promotions, and customer service (collectively referred to as "Policies"). These documents constitute a legally binding agreement between you (referred to as "you" or "User") and Miakk (referred to as "we", "us", or "our").
We reserve the right to modify the Terms at our discretion, without prior notice. It is your responsibility to review these Terms periodically for updates. Your continued use of the website following any changes constitutes acceptance of those changes.
By complying with these Terms, you are granted a personal, non-exclusive, non-transferable, and limited privilege to access and use our website.
Your agreement to these Terms is implied by accessing, browsing, or using the website. We encourage you to carefully review the Terms of Use before proceeding.
1. PRIVACY POLICY
We prioritise the protection of your personal information. Our Privacy Policy is designed to safeguard your data. In addition to these Terms, the Privacy Policy governs your use, browsing, and access of our Website, forming an essential part of these Terms. By continuing to use the Website, you acknowledge that you have read and accepted the Privacy Policy and agree to its terms. You consent to the Company using your personal information in accordance with the Privacy Policy, which may be updated at the Company's discretion from time to time.
2. YOUR ACCOUNT
We may require each user to have a registered account with a unique email ID and password combination in order to access and use certain features or services on the Website. Your registration and account details are personal to you and you may not allow others to use your account. We are not liable for any harm caused or related to the theft, misappropriation, loss of money, disclosure of your information or password due to your authorization of anyone else to use your account. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your account.
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE WEBSITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your account, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Website for which you will be legally responsible.
If you are accessing, browsing and/or using the Website on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the Terms, Policies, obligations, affirmations, representations, and warranties set forth in these Terms and accompanying Policies, and to abide by and comply with the same.
3. REPRESENTATIONS AND WARRANTIES
The Website is provided "As Is." We make no representations or warranties of any kind, express or implied, regarding these terms and conditions or the Website, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose, except where such representations and warranties are not legally excludable.
To the fullest extent permitted by applicable law, we disclaim any responsibility or liability, whether in contract, tort (including negligence), or otherwise, under any circumstances, for:
(a) Skin reactions or issues resulting from products not suiting individual preferences, as skincare effectiveness can vary;
(b) Interruption of business;
(c) Access delays or interruptions to the Website;
(d) Data non-delivery, misdelivery, corruption, destruction, or other modifications;
(e) Losses or damages incurred from dealings with or the presence of external links on the Website;
(f) Computer viruses, system failures, or malfunctions occurring during your use of the Website, including hyperlinks to or from third-party websites;
(g) Any inaccuracies or omissions in content; or
(h) Events beyond our reasonable control.
While we take extensive precautions to ensure the safety of our products, we cannot guarantee that every product will suit every individual due to the subjective nature of skincare. Certain ingredients may cause allergic reactions or adverse effects in individuals with pre-existing medical conditions. It is your responsibility to review the ingredients, usage instructions, and warnings accompanying each product to ensure they are safe for your use. You agree that the Company is not liable for any product-related issues, including allergic reactions or other health issues resulting from the use of our products.
For purchases made through our online store, additional limitation of liability and disclaimer conditions apply, as detailed in the product packaging, leaflets, or on the Website.
Furthermore, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Website or your use thereof, regardless of the form of action, whether in contract, tort (including negligence), or otherwise.
This version retains the necessary legal clarity and ensures users understand the terms under which they are using the website and purchasing products.
4. PRODUCT, SERVICES & PRICING INFORMATION
We strive to provide accurate descriptions and pricing for the products listed on our website. However, we do not guarantee that the product descriptions, colors, information, or other content available on the website are completely accurate, complete, reliable, current, or error-free. The website may contain typographical errors or inaccuracies and may not be complete or current. The product images are for illustrative purposes only and may not represent the actual product.
We reserve the right to correct, change, or update any information, errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted. Such corrections may pertain to pricing, availability, or other product or service details.
We cannot confirm the price of a product until an order is placed. Subject to our Cancellation, Refunds, and Returns Policy, if a product or service is listed at an incorrect price or with incorrect information due to a technical error, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that product or service, unless the product has already been delivered or the service has already been rendered. In the event of a pricing error, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product you ordered has been delivered and the services have been availed, your offer will not be deemed accepted, and we reserve the right to modify the price and contact you for further instructions, or cancel the order and notify you of such cancellation.
If we accept your order, the payment will be processed through your chosen payment method (credit card, debit card, UPI account, net banking, cash-on-delivery, or any other available method) and you will be notified via email that the payment has been processed. If we cancel the order after processing the payment, the amount will be refunded to you.
Prices and availability of the products and services offered on the website are subject to change without prior notice and at the sole discretion of the Company.
We may revise or discontinue any product or service at any time. If we are unable to deliver a product to you in a timely manner or at all, you will be notified via email, and your order will be automatically canceled due to the unavailability of the product, or at your instruction due to a delivery delay. We shall not be liable for any damages resulting from the cancellation of the order or delay in delivery.
5. MODE OF PAYMENT
Payments for products available on the website may be made using the following methods:
1. Credit Cards
2. Debit Cards
3. Net Banking
4. UPI (Unified Payments Interface)
5. Wallets
6. e-Gift Cards
7. Reward Points
Credit card, debit card, UPI, and net banking are instant payment options and are recommended to ensure faster processing of your order.
The Cash on Delivery (COD) option may not be available for all products and jurisdictions. The Company reserves the exclusive right to determine the products and jurisdictions for which COD will be made available.
6. OUR RIGHTS & OBLIGATIONS
1. We reserve the right to alter, modify, add, or remove parts of these Terms at our sole discretion, without prior notice.
2. Your use of the Website may be suspended or terminated if we determine, at our sole discretion, that you have violated, breached, or abused any of these Terms or Policies, or have acted unethically. These Terms will remain effective unless we decide to terminate them.
3. We reserve the right to reclaim any username for any reason to protect our interests or those of other users.
4. Our inaction on your breach of these Terms at any time does not prevent us from taking action on the same or any future breaches.
5. The Company is not liable for failure to fulfill its obligations due to conditions such as weather, fire, flood, strikes, industrial disputes, war, political unrest, riots, accidents, Acts of God, pandemics, or any other circumstances constituting Force Majeure, including disruptions to internet or telephone systems.
6. The Company will not be responsible for any loss or damage if it has to discontinue the Website or any services to comply with laws, regulations, orders, or requirements of any governmental authority or for any other unavoidable reasons beyond its control.
7. For any clarification on these Terms, please contact us at miakkindia@gmail.com The Company is not responsible for any misunderstanding or misinterpretation of these Terms by you.
8. None of these Terms shall create a partnership or agency relationship between users and the Company, and users shall not have the authority to bind the Company in any manner.
9. The Company accepts no liability for any errors or omissions, whether on its own part or on behalf of any third parties.
7. INTELLECTUAL PROPERTY RIGHTS
All information and content available on the website, including its “look and feel”, such as trademarks, logos, service marks, text, graphics, button icons, images, audio clips, photographs, videos, visuals, data compilations, and software, as well as their compilation and organization (collectively, the “Content”), are the property of the Company and are protected by Indian laws, including those governing intellectual property.
Except as expressly permitted by the limited licenses herein, or as required under applicable law, the Content or any portion of this website may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
8. LIMITED LICENSE
The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Website. All rights not expressly granted to you in these Terms of Use are reserved and retained by the Website and its affiliates.
The Company reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Website and to block and prevent your future access to the Website.
9. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
We may occasionally offer special features, functionalities, or events, such as contests, promotions, or other offerings. These may be subject to additional or separate terms of use, rules, or policies, which may supersede or supplement these Terms and Conditions. Such offerings may be provided by us or by third parties. If we offer these features or events, we will notify you accordingly. By choosing to participate in these offerings, you agree to be bound by the applicable additional or separate terms, rules, and policies.
10. THIRD PARTY LINKS
Our Website may contain links to third-party services and provide you with access to third-party websites, apps, products, and services. Please be aware that your use of such third-party websites or services is at your own risk, and the Company will not be liable for any outcomes or harm arising from your use of these third-party websites or services. Links appearing on this website are provided for convenience only and do not constitute an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. We are not responsible for examining or evaluating, and we do not warrant, the offerings of off-website pages or any other websites linked to or from our site. Furthermore, we assume no responsibility or liability for the actions, content, products, or services of such pages and websites, including their privacy policies and terms and conditions. It is advisable to carefully review the terms and conditions and privacy policies of all off-website pages and other websites you visit.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold us harmless from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by you pursuant to these Terms. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data-gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
12. SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; or forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
The Company is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the Website and other than generally available third party web browsers.
13. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE WEBSITE AND VIA EMAIL
By using this Website, you consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) from us electronically. This includes, but is not limited to, communications via email or by posting notices on this Website. You agree that all Notices provided to you electronically satisfy any legal requirement for such communications to be in writing in English.
If you wish to withdraw your consent to receive Notices electronically, you must notify us of your decision by sending an email to miakkindia@gmail.com and cease using this Website. In such a case, all rights granted to you under these Terms and Conditions will automatically terminate. Please note that we cannot offer the benefits of this Website to users who cannot consent to receiving Notices electronically.
This consent to receive Notices is independent of any preferences you may have regarding marketing communications. Your options for receiving marketing communications are outlined in our Privacy Policy.
14. PRICING
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees and are inclusive of all taxes. Prices, products and Services may change at our sole discretion.
15. MRP DISCLAIMER
MRP of some of our products in Offline and Online channel may vary subject to date / period of manufacturing and/or import date of the products, however it always remains intact as declared on specific product.
16. Termination
These Terms are effective unless and until terminated by either you or the Company.
You may terminate these Terms at any time by discontinuing any further use of the Website. The Company may terminate these Terms at any time, without notice, and deny you access to the Website without any liability.
Upon termination of these Terms by either party, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms or otherwise. Termination of the Terms does not cancel your obligation to pay for products already ordered from the Website or affect any liability that may have arisen under the Terms.
17. GENERAL
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website, superseding and governing all prior proposals, agreements, or other communications.
We reserve the right, at our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website and providing notice of such change. Any changes are effective immediately upon posting to the Website and releasing notice of such change. Your continued use of the Website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole; rather, these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at miakkindia@gmail.com