www.modicare.com (the "Site") is owned and operated by Modicare Ltd. ("we" or "us" or Modicare), a company incorporated under the laws of India and having its office at 5, Community Center, New Friends Colony, Pin - 110025,India.

Please note that this is a business/commercial site and can be accessed only by a valid account holder. Your access and use of the Site is subject to the following terms and conditions ("Website Terms and Conditions") and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Website Terms and Conditions. If you do not agree with any of the below Terms and Conditions, do not use this Site.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Website Terms and Conditions at any time and you agree to be bound by such modifications, alterations or updates.

INTENDED AUDIENCE
Unless otherwise specified, this site is intended for two categories of people i.e.

    • Modicare Consultants (MC)
    • Customers

Each category in turn is bound by an additional agreement i.e. a MC is bound by the "MC agreement"; and a Customer is bound by the "Customer agreement". These agreements find mention on the relevant portions of the website that relate to each of these categories. If you fall within any of these categories, it is your responsibility to familiarise yourself with the appropriate agreement and to comply with its terms.

This website (operated by us from our office located in New Delhi, India) is intended as a service to the above mentioned categories of people located in India. Therefore any person who accesses this website from outside India shall do so at his/her own risk and is responsible for compliance with the laws of his/her respective jurisdiction.

No Cosmetics or Healthcare Advice

The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with your beauticians or other healthcare professional (collectively, "Cosmetics Professional") regarding use options.

The information provided on this site and Linked Sites, including without limitation information relating to products and treatments is often provided in summary or aggregate form. It is not intended as a substitute for advice from your Cosmetic Professional, or any information contained on or in any product label or packaging. No healthcare advice, recommendation, or opinion is offered on this web site.

Customer Satisfaction Program

We observe an irreversible 100% Satisfaction Guarantee on our products, wherever specified. This assures that consumers of Modicare products will be satisfied with their purchases.

According to this,

    i. If a Customer is not completely satisfied, he/she may return the product to the Modicare Consultant for a 100% refund for the product within 7 days of original purchase.

    ii. A Modicare Consultant can return such products back to the company within 30 days of its purchase. The Product Refund Policy is applicable on saleable products as well as partially used products, wherein not more than 25% of the product has been used.

Modicare Consultant shall advise Modicare of any customer complaint and provide copies of all correspondence and details of all conversations regarding the complaint. Modicare Consultants are not authorized to make any type of offer or compromise or render Modicare liable for any complaint or product return.

Whenever there is a request from a customer for honoring the Company Satisfaction Guarantee, the Modicare Consultant shall offer to the customer the choice of:

    • Full refund of the purchase price paid
    • Exchange with the same or another product of equivalent value.

Modicare Consultants are required to indemnify Modicare for any claim, legal actions, suit, etc. (including Modicare legal fees) which are filed or which originate because of any failure by the Modicare Consultant to observe this rule.

Product Return Procedure: The Company will accept return of products along with relevant Customer Order Receipt, Product Return Form and related invoice within 30 days of its purchase. In case Modicare Consultant returns product under 100% Satisfaction Guarantee, he/she will have the option to take Credit note (through which the Consultant can buy same or another product of the same value) or Cash. If amount of refund in lieu of product returned is upto Rs. 1000, cash will be issued immediately by MSC. However, if amount exceeds Rs. 1000, Consultant will be issued amount in his registered bank account.

Product Return - Other guidelines/notes: This policy will apply on offer invoices as well as free product received under offer as follows – Modicare Consultant returning products purchased under offer may take replacement of invoiced products or offer products with same or any other product/s of same value provided offer conditions are not affected otherwise Consultant will seize to get the benefit under the offer.

Condition	Period	Payment Saleable Product
Saleable Product	Within 30 days of purchase with Invoice Within 30 days of purchase without Invoice	Consultant Price Consultant Price Less taxes
Unsaleable	Within 30 days of purchase with or Without invoice	Consultant Price less taxes
Excessive Stock Return	Within 60 days of purchase with Invoice Within 60 days of purchase without invoice	Consultant Price less 10% handling charges Consultant Prices less Taxes less 10% handling charges

Product Return Conditions

1. The consultant must return the product(s) to Modicare Success Centers.
2. Period of return for products is calculated as the number of days from the Invoice Date, to the date of receipt at the Modicare Success Centre.
3. Condition refers to the condition in which the stock is received back from the Modicare consultant as a return. The product can be ‘marketable’ or ‘unmarketable’ depending on the condition of the returned stock as assessed by the Returns executive at the Modicare Success Centre.
4. PV/BV adjustment of Products returned up till 25th of each month shall be processed in the same month. Total PV/BV of the returned products will be deducted from the returning Consultant’s account.
5. If unsold products return is greater than or equal than 6 in number on a single invoice, 10% handling charges will be deducted.
6. The Product Satisfaction Gaurantee does not apply to open packs of literature and videos or other sales aids.
7. Total returns cannot exceed the quantity appearing on the invoice.
8. If products are returned by customers directly to Modicare, PV/BV adjustment shall be done from the Consultant’s account & any excess amount paid shall be recoverable from the Consultant.
9. Taxes means all States, Central, VAT, GST Taxes levied in India.
10. Saleable refers to products that are unopened and sealed.
11. Unsaleable are products which have been partially used (30%).
12. Excess stock refers to products greater than or equal to six in number.

Consultant Uniform Policy: Not included in the Monthly Loyalty Program. No refund will be done on Uniform. Size exchange for Uniform will be done only from MSCs within 30 days from the date of invoice. In case of exchange the uniform should be unused, unwashed, undamaged and in saleable condition with original tags, buttons & packaging.

Amoli Warranty:

    • This warranty does not cover any damage caused by accident, misuse, ordinary wear and tear (includes scratches on steel/gold polish/plating etc.)
    • We offer Full Money Back Guarantee within 30 days from the date of invoice. For Full Money Back Guarantee, the jewellery should be unused, undamaged and in saleable condition with original tags & packaging.
    • Repair incase of manufacturing defects will be done only within 90 days from the date of invoice.
    • The defective jewellery has to be presented physically along with the original invoice at the time of repair, within 90 days at concerned MSC.
    • Repairs will take 40 days from the date of submission of the defective jewellery subject to the availability of stocks and other essentials required in carrying out the job.
    • The packing (jewellery box) will not be the part of the repair policy.
    • This policy comes into effect from 12th January, 2019.

Modicare Cuckoo Air Purifier warranty:

    • Cuckoo Air Purifier comes with 1+2 years extended onsite warranty from the date of invoice.
    • Air filter and plastic parts are not covered under the warranty.
    • Warranty involves repairing of defective product/parts and does not entitle purchaser for the replacement of complete product.
     To know more and read about the complete warranty and T&Cs, visit Terms and Conditions under More info on :- airpurifier.modicare.com

SM Watches Warranty:

    • Process for Repair of Watches during Warranty Period :
    • This warranty does not cover any damage caused by accident, misuse, ordinary wear and tear (includes scratches on steel/gold polish/plating etc.) for More details refer to Warranty Card)
    • The Concerned MSC needs to check the complaint and make a record in the system.
    • The watches are covered under company’s satisfaction guarantee.
    • Repair incase of manufacturing defects will be done only within 365 days from the date of invoice.
    • The defective watch has to be presented physically along with the original invoice at the time of repair.
    • Repairs will take 30 days from the date of submission of the defective watch along with the document as mentioned above.
     • In case of repair, the concerned MSC need to send the watch piece to CWH with Transit Worthy Packing/Bubble wrap (with a mail to the below ID’s & details as listed below) rupesh.mishra@tvslsl.com, ssrivastava-modicare@modi-ent.com, lavkush-modicare@modi-ent.com, smisri-modicare@modi-ent.com, mbhasin-modicare@modi-ent.com, shikhar-modicare@modi-ent.com
    o Email Subject needs to be mentioned (“Watch for Repair”)
    o PDF of Transit Document.
    o Scan Copy of Consultant Valid Invoice.
    o Courier Company’s Name.
    o AWB# and Date
    • Company/MSC will provide watch receiving receipt to consultant for repair purpose on photo copy of the valid Invoice. (This is only for company tracking purpose not for GST compliances).
    • Required Delivery Challan at the time of all transactions i.e., MSC to Warehouse & Goods Return back also. (It is mandatory to mention on delivery challan “Not For Sale”/only for transportation) and Warehouse to Manufacturer (it is mandatory to mention on delivery challan “For Job Work/repair purpose”).
    • E-way Bill (E-way bill is mandatory according the State wise threshold limit as Rs.50,000/- or Rs.1,00,000/-).
    • The packaging (watch box) will not be the part of the repair policy.
    • This policy comes into effect from 11th April’2020.

Modicare Wall Clocks Warranty :

Welcome to Modicare with millions of satisfied customers. Your Modicare Wall Clock has been created with great care and the utmost precision. It has been designed and carefully tested to give you years of reliable service and pleasure. Modicare Limited offers Full refund of your money within 30 days from the date of purchase if you are not 100% satisfied with the quality of the clocks. Modicare Limited Warranties its Wall Clocks (purchased only from Modicare Authorized Person) against manufacturing defects for a period of one (1) year from the date of purchase, subject to exceptions listed below:

A. This Warranty does not cover the following:

     • Normal wear and tear.
     • Damage caused during transit or due to mishandling or natural calamities.
     • Damage caused due to Wall Clock being opened/disassembled/ repaired/serviced at an unauthorized service outlet.
     • Battery life.
     • Damage caused due to water entry in Wall Clock.
     • Normal wear to surface, finishes and plating or any damage caused by abrasion or climatic conditions.
     • Any consequential damage or loss.
     • Damage caused to Wall Clock due to exposure to chemicals and solvents.
     • Damage to the Wall Clock due to physical dents and scratches.
     • Damage caused to Wall Clock due to direct contact to sunlight or rain.
     • Damage cause to Wall Clock being kept in a room with high humidity such as bathrooms .
     • Damage cause to Wall Clock being kept in area exposed to strong magnetism, extreme temperatures, chemical fumes, or high vibration.The packaging (box of clock).


B. Conditions of Warranty

     • There are no serviceable parts in the product. Do not tamper with it for any reason.
     • No Warranty shall be provided on Wall clock purchased from unauthorised sellers.
     • No Warranty shall be provided on Wall Clock which are found to be fake / counterfeit.
     • To avail warranty benefits, the customer must visit/deliver the wall clock to Modicare Ltd. and bear the consequential transportation, delivery, and handling charges.
     • Repair will be undertaken provided the clock is accompanied by a relevant cash memo/ invoice as a proof of date of purchase.
     • Modicare may at its option repair your Wall Clock by installing new or thoroughly reconditioned parts or replace it with identical/similar/equivalent value Wall Clock.
     • In case the replacement of the entire Wall Clock is being made, (subject to the sole discretion of Modicare), the same model shall be replaced and in the event such model has been discontinued/not available, it shall be replaced with the equivalent model of Wall Clock as deemed by Modicare.
     • The replaced Wall Clock/parts shall become the sole property of Modicare.
     • In case of repairs or replacement of any part(s) of the Wall Clock during the Warranty period, the Warranty of Wall Clock shall continue only for the unexpired period of original Wall Clock warranty.
     • Repair in case of manufacturing defects will be done only within 365 days from the date of invoice.
     • Any consequential damage or loss arising on account of the aforesaid.
     • Modicare makes no other express warranty either in writing or otherwise and expressly disclaims all warranties and conditions not stated in this warranty/ service policy.
     • The warranty extends only to the Purchaser/Consumer of the Wall Clock.
     • The Courts of Delhi shall have the exclusive jurisdiction over disputes arising in terms of Warranty/service policy.

INTELLECTUAL PROPERTY RIGHTS
Copyrights:

All material on this Site ("Material"), including but not limited to text, images, illustrations, etc are protected by copyrights which are owned and controlled by us or by other parties that have licensed their material to us. Material from the site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the written consent of Modicare. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Modicare without express written consent. You may not use any meta tags or any other "hidden text" utilising Modicare name or trademarks without the express written consent of Modicare.Any unauthorised use terminates the permission or license granted by Modicare.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Modicare so long as the link does not portray Modicare, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Modicare logo or other proprietary graphic or trademark as part of the link without express written permission.

Trademarks:

The trademarks, logos and service marks ("Marks") displayed on the Site are our property and the property of other parties. Users are prohibited from using any Marks without our written permission or third parties, which may own the Marks. We also own "trade-dress" rights to the look and feel of our website, which cannot be replicated, without our permission.

SUBMISSIONS OF INFORMATION/IDEAS

Any information or material submitted by you to the Modicare website (whether through e-mail or otherwise) will be deemed non-proprietary and non-confidential, and may be used by Modicare without restriction. Notwithstanding the foregoing, all personal data (e.g., name, address and telephone number) provided to Modicare will be handled in accordance with Modicare Privacy Policy.

Modicare is always improving its products and services and developing new features. If you have ideas regarding improvements or additions to the Modicare, we would like to hear them. However, please note that under no circumstances shall any disclosure of any idea, related materials to Modicare be subject to any obligation of confidentiality or expectation of compensation.

By submitting the idea and/or any related material to Modicare, you are waiving any/all rights that you may have in the idea or any related materials and are representing and warranting to Modicare that the idea and/or related materials are wholly original with you and that no one else has any rights in the idea and/or materials and that Modicare is free to implement that idea and to use the materials if it so desires as provided or as modified by Modicare, without obtaining permission or license from any third party.

LINKED SITES

We may provide links and pointers to Internet sites maintained by others ("Third Party Sites"). We are not responsible for the contents of or any products or services offered in such Third Party Sites.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by Modicare on an "as is and "as available" basis. Modicare makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Modicare disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Modicare does not warrant that this site, its servers, or e-mail sent from Modicare are free of viruses or other harmful components. Modicare will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

LIMITATION OF REMEDY

If you are damaged or injured by any of the Material contained in the Site, or you are dissatisfied with the Site or Material for any reason, then your sole and exclusive remedy is to discontinue accessing and using the Site.

JURISDICTIONAL ISSUES

This agreement shall be governed by, construed and enforced solely in accordance with the laws of the India and the courts at Delhi shall have exclusive jurisdiction in this regard. This is the entire agreement between the parties relating to the matters contained herein.

TERMINATION

This agreement will terminate immediately without notice from us if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise. In the event of termination, the disclaimers of warranties and limitations of liabilities, damages and remedies set forth in this Agreement shall survive.

OTHER

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. We may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

By accepting these terms and conditions for joining the Modicare business as a Modicare Consultant, you hereby give your consent for receiving Modicare business promotions and offers via SMS/call from Modicare Limited.