Masterclean Terms and Conditions of Use


This Masterclean terms and conditions of use for website and Application is a electronic record in terms of Information Technology Act, 2000 and is published in pursuance to the Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which requires the publishing of rules and regulations, privacy policy and Terms of Use for access or usage of www.masterclean.in. The website www.masterclean.in (“website”) and Masterclean iOS and/or Android App (“Application”) is owned, hosted and maintained by Master Clean Dry Cleaners (“Masterclean”) having its office at B-30, Sector-65, Noida – 201301 and registered office at B-30, Sector-65, Noida – 201301. All the content provided on the website and/or Application is general content for informational purpose only (“content”). The following terms and conditions (the “T&C”) and the Policy (“Privacy Policy”) and any amendments or modifications made thereto, govern the use of this website and Application and any content made available from or through this website and Application. The website and Application is made available by Masterclean (“Masterclean” or “we” or “us” or “our”,“ourselves”). The users acknowledge that the T&C and Privacy Policy are co-terminus and that the expiry of one shall lead to the termination of the other. By accessing this website and Application, the user (“user/ users”) warrants that the user has fully read and understood these T&C and Privacy Policy and agrees to be legally bound by these terms and acknowledges unconditional acceptance without limitation or qualification of these T&C and Privacy Policy, which shall take effect immediately on the first use of our website and Application by the user and shall form contract between the user and Masterclean. If the user does not agree to be legally bound by these T&C and the Privacy Policy, the user may not access and/or otherwise use our website and Application. Further, the user warrants that the user has accepted these T&C and Privacy Policy without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair the user’s judgment.Without limiting the above, if the user register itself, without specifically accepting the T&C and Privacy Policy, the user shall be bound by these T&C and Private Policy nevertheless. These T&C and Private Policy therefore, applies to all the users irrespective to being registered or not and no express act or signature is required to make these T&C and the Policy binding upon the user.   We may change these terms time to time or at any time without any prior notice in writing or otherwise to the user, by posting changes on the website. The user may review these terms regularly to ensure that the user is aware of any changes made by us. The continued use of our website and Application by the user, after changes are posted means that the user agrees to be legally bound by these terms as updated and/or amended. In the case of any violation of these T&C, Privacy Policy or any additional terms posted on website and Application, we reserve the right to seek all remedies available by law and in equity for such violations. It is clarified that "party" and "parties" refers to both the user and ourselves, or either the user or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.  
General:
  1. The website and Application is owned and operated by us/ Masterclean, including any page, part, content or element thereof developed for the users. When the user accesses any of the sub-sites (whether belonging to an associate of Masterclean or otherwise) through this website and/or Application, then such sub-sites may have its own terms and conditions, which are specific to such sub-sites.
  2. We do not guarantee that the website and/or Application, or any content on it, will always be available or be uninterrupted. Access to the website and Application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the website and Application without notice. We will not be liable to the user if for any reason the website and/or Application are unavailable at any time and/or for any period.
  3. The user is responsible for making all arrangements necessary for the user to access the website and Application (including, having access to an internet connection and an appropriate browser).
  4. The user is also responsible for ensuring that all persons who access our website and Application through the user’s internet connection are aware of these T&C, Privacy Policy and other applicable terms and conditions, and that they comply with them.
  5. In the course of the use of the website and Application and the content made available on or through the Application and website, the user may be asked to provide certain personalized information to us (such information referred to hereinafter as “user information”).Masterclean’s information collection and use policies with respect to the privacy of such user information are set forth in the Masterclean’s Privacy Policy which is incorporated herein by reference for all purposes.The user acknowledges and agrees that the user is solely responsible for the accuracy and content of such user information.

Term:
  1. These T&C and Privacy Policy shall continue to be valid and binding upon the users until, the users continues to access and use the Application and Website or the transaction between the parties finally concludes whichever is later.

Eligibility:
  1. The user must be competent and eligible to enter into legal binding agreements as determined by the provisions of Indian Contract Act, 1872.
  2. The user must be above 18 years of age and must be a citizen of India.
  3. The user should be of sound mind and should have a firm contractual capacity.
  4. As a part of the registration process the user agrees to provide current, complete and accurate user information and keep it updated, complete and accurate. If we have reasonable grounds to suspect that such user information is untrue, inaccurate, outdated or incomplete, then we retain the right to indefinitely suspend or terminate the registration and refuse to provide access to the Application.
  5. The user shall be responsible for maintaining the confidentiality of his/her/its user ID and password created at the time of registration and the user shall be fully responsible for all the activities that occur under his/ her/ it account.
  6. The user shall immediately inform us in case of unauthorized use of his/ her/ its account or any other breach of security and will ensure his/ her/ its exit from his/ her/ its account at the end of each session. We shall not be responsible for any loss or damage arising from the user’s failure of proper exit.
  7. We reserve the right to deny access and/ or use of this Application to any user who does not comply with the requirements as stated herein and Privacy Policy or who otherwise uses this Application and/or Website in a manner that we deem inappropriate.
  8. We reserve the right to refuse access to use the Application to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

Usage:
 
  1. The user will not copy, reproduce, republish, download, make available to the public, or otherwise use our website  and Application and/ or content in any way except for the user’s own personal, non-commercial use. The user also agrees not to adapt, alter or create a derivative work from any our website and Application and/ or content except for the user’sown personal, non-commercial use. Any other use of our website and Application and/ or content requires the prior written permission of us.
 
  1. The user agrees to use our website and Application only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of our website and Application.
 
  1. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our website and Application and elsewhere on the Internet, which are likely to be accessible for a long time and the user has no control over who will read them eventually. It is therefore important that the user is careful and selective about the personal information that the user may disclose about himself/ herself/ itself and others, and in particular, the user should not disclose sensitive, proprietary or confidential information in his/ her/ its comments to our public forums.
 
  1. Any commercial or promotional distribution, publishing or exploitation of the website, Application, or any content, code, data or materials on the website and Application, is strictly prohibited. Other than as expressly allowed herein, the user may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the website and Application. The user further agrees that he/ she/ it may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the website and Application, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. The user acknowledges that he/ she/ it does not acquire any ownership rights by downloading any copyrighted material from or through the website and Application. If the user makes other use of the website and Application, or the content, code, data or materials thereon or available through the website and Application, except as otherwise provided above, the user may violate copyright and other laws of India, other countries, as well as applicable laws and may be subject to liability for such unauthorized use.
 
Content:
 
  1. The content of the website and Application, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only.  Reliance on any information appearing on the website and Application, whether provided by Masterclean, visitors to the website and Application or others, is solely at the user’s own risk.
  2. The user may be able to link from the website to third party sites and third party sites may link to the site (“linked sites”). The user  acknowledges and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites. Links to linked sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such sites. The inclusion of any link to such sites on our website does not imply Masterclean’s endorsement, sponsorship, or recommendation of that site. Masterclean disclaims any liability for links (1) from another site to this website and (2) to another site from this website. We cannot guarantee the standards of any site to which links are provided on this website, nor will be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party site are accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked site. Any reliance on the contents of a third party site is done at the user’s own risk and the user assumes all responsibilities and consequences resulting from such reliance.

Service Standards:
  1. We provide the high quality clothing care and use Renzacci Machines, that provide high quality hydrocarbon dry cleaning. SEITZ liquid and powder detergents which are DIN EN ISO 9001:2000 certified are used for the purpose of cleaning.
  2. To provide services, we employ staff who are highly skilled and has expertise in making sure your clothes get the care they deserve;
  3. We believe in providing timely services and are very particular about the turnaround time.
 
Placing Order;
  1. The user can place an order vide an account created on Application;
  2. We operate 7 days a week from 9 am to 9 pm;
  3. The minimum order requirement is Rs.300;
  4. The user can convey any special instruction at the time of placing order or to the pick-up personnel at the time of pick-up.
  5. In any case, the user is unable to place the order due to some technical difficulties, the user can contact us vide e-mail and/or phone.
 
Pick-up and delivery
  1. There is no extra price quoted for pick-up and delivery;
  2. The clothes will be freshly dry-cleaned and ironed at your doorstep within 48 hours of pick up. However, in case of any delay, we will use best endeavour to communicate such delay to the user;
  3. In case of urgency, the user can use express delivery, which cuts down the delivery time to 24hours. The express delivery costs you twice the normal price for the laundry or dry cleaning ;
  4. The user shall ensure to accept the delivery on time, re-delivery shall be chargeable. However, we can even exempt the charge for re-delivery depending upon case to case.
  5. In case the user is not available to accept the delivery for the 2nd time, the delivery personnel shall bring back the items and the user will be informed of the same. The user will have to pick-up the delivery at its own costs within 7 days of the communication;
  6. It is requested to the users to count the clothes at the time of pick-up and delivery. Once the delivery is accepted by the user, we shall not be responsible for any claim of loss.
  7. We will not be responsible for any loss or damage to any personal belonging left in the clothes;
  8. In case of loss or damage of a cloth by us, we shall reimburse maximum five times of the transaction value paid to us by the user for servicing that particular cloth.
 
Cancellation and Refund
  1. The user can cancel their order anytime before the pick-up personnel collect the clothes from the pick-up location. There are no cancellation charges levied on the users.
  2. Masterclean may cancel the users order, in the event:
    1. The user fails to make available the clothes to the pick-up personnel;
    2. Masterclean is restricted to provide the dry-cleaning and laundry services for the reason out of their control;
    3. Masterclean considers the clothes damaged and no special instructions were given for the same by the user and/or clothes are not in accordance with the order placed by the user.
  3. In case we cancel the user’s order, we will contact and inform the user for the same vide phone or e-mail.
  4. Refund policy : The membership amount will be refunded after deducting the bank transfer fees and other charges. Kindly contact the customer care to initiate refund.

Discount and Vouchers:
     
Payment:
The user can apply for the following packages:
    1. Standard Package:
      • Rs. 2000/- per month plus service tax @ %
      • Cashback 10%
      • Total amount: Rs.2200/-
    2. Silver Package:
      • Rs. 3000/- per month plus service tax @ %
      • Cashback 15%
      • Total amount: Rs. 3450/-
    3. Gold Package:
      • Rs. 5000/- plus service tax @ %
      • Cashback: 20%
      • Total amount: Rs. 6000/-
    The price list for services provided by us is available on Master Clean Website and App. The user can make payment through:
    1. Cash on delivery
    2. Net Banking
    3. Debit Card
    4. Credit Card
    5. eWallets
    In case the previous orders remain unpaid, we reserves the right to:
    1. Suspend the service;
    2. Withhold the order;
     
    No Liability:
    1. The content and other information on this website and Application is provided on an "as is" basis. To the fullest extent permitted by law, Masterclean: (i) excludes all representations and warranties relating to this website, Application and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in this website, Application; and (ii) excludes all liability for damages arising out of or in connection with the disclosure of the information and/or user’s use of this website and Application. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the user have advised Masterclean of the possibility of such potential loss), damage caused to the user in any mannner whatsoever including but not limited to the user’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

    1. The use of this website and Application is entirely at the user’s own risk, and in no event shall Masterclean be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this website, Application or sites accessed through this website, and/or content or information provided herein. The user’s sole and exclusive remedy for dissatisfaction with the website and Application is to stop using the website and Application.
     
    Indemnity:
     
    1. The user agree to indemnify, defend and hold harmless Masterclean, its officers, directors, employees, agents  from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Masterclean 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 the user pursuant to these terms.
     
    1. The user agrees that the user is solely responsible for anything he/ she/ it may post such as any information, content, user information, personal or sensitive data  or any sort of query, response, information, etc. on the website, Application and that the user agrees to defend, indemnify, and hold Masterclean, its officers, directors, employees, agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from the user’s violation of these T&C and Privacy Policy or any claims based upon the user’s posts/submissions on the website and Application.
     
    Intellectual Property Rights:
     
    1. The trademarks, logos and service marks or any other right associated with intellectual property displayed on the website and Application shall be the property of Masterclean or respective third parties. The user is not permitted to use the same.
     
    1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Masterclean owns all Intellectual Property Rights to and into the trademarks "MASTERCLEAN", and the website, Application including, without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user acknowledges and agrees that he/ she/ it shall not use, reproduce or distribute any content from the website belonging to Masterclean.
     
    1. The users agree and acknowledge that any infringement of the Intellectual Property Rights of Masterclean will result in legal action against the user.
     
    Termination:
     
    1. We may suspend or terminate the user from the use of the website and Application at our sole and absolute discretion without any notice and cause. Notwithstanding stated under this T&C and Privacy Policy, these T&C will survive indefinitely unless and until we choose to terminate them.
     
    1. If the user or Masterclean terminates the user’s use of the website and Application, Masterclean may delete or retain as per the applicable data retention laws, any content or other materials relating to the user’s use of the website and Application and Masterclean will have no liability to the user or any third party for doing so.
     
    Jurisdiction:
     
    1. The courts of Noida shall have the exclusive jurisdiction in respect of any and all legal dispute or matter arising out of user’s use and access of the website and Application The parties expressly agree that in case any dispute arising out services rendered, access or use of the website, Application or content they shall make all attempts to resolve it by amicable settlement and discussion failing which, by arbitration as per the provisions of Arbitration and Conciliation Act, 1996. Such Arbitration shall be by a Sole Arbitrator appointed by us. The Arbitration proceeding shall be conducted in Noida, in English language. The Arbitrator shall pass a reasoned award in writing, which shall be final and binding upon the parties.  

    Applicable Law:
    1. These T&C and Privacy Policy are governed by the Indian laws, without respect to its conflict of laws principles. If any provision of these T&C and Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&C and Privacy Policy, which shall remain in full force and effect. No waiver of any of these T&C and Privacy Policy shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

    Entire Agreement:
    1. These T&C and Privacy Policy shall constitute the entire agreement between the parties and supersedes all other terms and conditions and/ or agreements relating to the subject matter, and set out the complete legal relationship between Masterclean and any other party arising from or connected with the subject matter. For the voidance of doubt, in the case of any conflict between these T&C and Privacy Policy, and any other agreement, these T&C and Privacy Policy shall apply.

    Severability:
    1. If any part of these T&C and/or Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the T&C and/or Privacy Policy shall continue in effect.

    Notices:
    1. Any and all notices, statements or other communication relating to any disputes, grievances experienced by the user shall be given or made in writing in the English language and delivered by electronic mail or sent by prepaid post with recorded delivery addressed to us  at the address mentioned above.

    Viruses:
    1. We do not guarantee that the website and Application will be secure or free from bugs or viruses and the users should use their own virus protection software.
    2. The user must not misuse our website and Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The user must not attempt to gain unauthorised access to our website, Application, the server on which our website and Application is stored or any server, computer or database connected to our website and Application.