Terms & Conditions

By using our Service, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Sites or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

Please review our privacy practices to understand what information we collect and how we use it. Our privacy policy is located at –https://modernhangover.com/privacy-policy/ (the “Privacy Policy”) and is incorporated into these Terms. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.

The Products and Service are available only to individuals who are at least 18 years old and capable of forming a binding contract with us. If you want to use certain features of the Service, such as purchasing our Products, you will have to create an account (“Account”). You can do this via our Sites or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

It is important that you provide us with accurate, complete and up-to- date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to- date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Order Processing

You can purchase our Products by placing orders via our Sites. Modern Hangover reserves the right, in its sole discretion, to refuse to process or to cancel your order in certain circumstances. This may happen, for example, when the Product you ordered is out of stock, there are inaccuracies or errors in Products or pricing information, or our credit and fraud avoidance department identifies problems or in other circumstances that we, in our sole discretion, deem appropriate. Modern Hangover also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. We will not charge you for orders that we do not process or cancel. If we have already charged you for your order, then we will refund you the amount charged.

Fees and Payment

You will be charged immediately upon placing an order. Modern Hangover will use commercially reasonable efforts to have orders delivered within the estimated delivery time. However, sometimes items may be delayed due to factors beyond our control, and we will not be liable for any such delays. If you are making payment by credit card, you hereby authorize Modern Hangover or its third party payment processing service providers to charge your credit card for the price of the Products you have purchased.

Modern Hangover reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to or use such features; you agree to pay all applicable fees, as described on the Sites or the App in connection with such features. Modern Hangover reserves the right to change its price list, product and service offerings, and to institute new charges at any time. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges or prices.

Product Descriptions

We attempt to provide accurate descriptions of Products on our Sites. However, there may be inaccuracies in the Product descriptions, or the colours of the Products may vary from one monitor to another. Accordingly, Modern Hangover does not warrant that the Product descriptions, colours, images or videos are accurate, complete, reliable, current or error-free. If a Product offered on our Sites is not as described, your sole remedy is to contact us in accordance with our Return Policy.

Pricing and Discount Information

We strive to provide accurate pricing information about Products. We cannot, however, insure against pricing errors. Modern Hangover reserves the right, at its sole discretion, to refuse to process or cancel any orders placed for a Product whose price was incorrectly posted on the Sites as a result of an error. If this occurs, Modern Hangover will notify you by email. In addition, Modern Hangover reserves the right, in its sole discretion, to correct any errors in the listed price on its Sites.

We display discounts on our Sites or the App in connection with each Product. Discounts are calculated using pricing information provided to us by merchants (such as suggested retail prices from the manufacturer, supplier, or the merchant, or an estimated price based on standard industry practice).

Product Availability and Delivery

Our Sites may contain information regarding the availability of the Products. Unfortunately, Modern Hangover cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to- day. In some cases, a Product that may be in stock when a customer places the order, may be sold out by the time Modern Hangover attempts to process the order, or there may be an error in the information about the availability of the Product. Should this happen, Modern Hangover will notify you by email. If we determine that a Product you ordered is no longer available, we will cancel that item from your order and provide you a full refund towards the cancelled Product, if you have already paid for it. We will notify you about the cancelation by email.

Return Policy

Modern Hangover accepts returns on certain Products on a case-by- case basis. If, however, a Product is listed as final sale, we will not accept returns for such Product, unless it is defective. If a Product offered by Modern Hangover is defective, please send an email to info@modernhangover.com within 48 hours of receiving the Product. We will either replace the defective product or issue a full refund. For more information on our Return Policy and how we handle Returns, please check our FAQs.

Risk of Loss

The risk of loss and title for such all items purchased from Modern Hangover pass to you upon our delivery to the carrier.

Assumption of Risk for Products You Purchase

You understand that Modern Hangover does not manufacture or inspect any of the Products sold through our Sites. We provide the platform to facilitate such sales, but the Products are produced directly by independent manufacturers, so we cannot and do not make any warranties about their quality, safety, or even their legality. Any legal claim related to a Product you purchase must be brought directly against the manufacturer of the Product. You release Modern Hangover from any claims related to Products sold through our Service, including for defective items, misrepresentations by manufacturers, or items that cause physical injury (like product liability claims).

All contents of the Service, including without limitation, the text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on or through the Service are collectively referred to as “Content”. The Service and Content, and all associated intellectual property rights are the sole and exclusive property of Modern Hangover and/or its licensors, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Modern Hangover. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

Rights in Content Granted by Modern Hangover

Subject to your compliance with these Terms, Modern Hangover grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and view the Content solely in connection with your permitted use of the Service and solely for your personal and non-commercial purposes.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms. The Service (including, without limitation, any and all Content on the Service, is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service.

You agree not to do any of the following:

• Use, display, mirror or frame the Service or any individual element within the Service, Modern Hangover’s name, any Modern Hangover trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Modern Hangover’s express written consent;
• Access, tamper with, or use non-public areas of the Service, Modern Hangover’s computer systems, or the technical delivery systems of Modern Hangover’s providers;
• Attempt to probe, scan or test the vulnerability of any Modern Hangover system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Modern Hangover or any of Modern Hangover’s providers or any other third party (including another user) to protect the Service or Content;
• Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided
• Use any meta tags or other hidden text or meta-data utilizing a Modern Hangover trademark, logo URL or product name without Modern Hangover’s express written consent;
• Use the Service (including our Products) or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
• Violate any applicable local, national or international law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

We may offer rewards and discounts to our customers from time to time, which may be subject to additional terms and conditions. Please note that regardless of any offers of such rewards, Modern Hangover reserves the right to change the rewards and discounts, if any, over time without any prior notice.

We welcome feedback, comments, user experience and suggestions for improvements to our Service (“Feedback”). You can submit Feedback by emailing us at info@modernhangover.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Modern Hangover may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Sites. The provisions relating to Purchases, Ownership of Site and Services, Export Policy and Restrictions, Feedback, Termination, Warranty Disclaimers, Limitations of Liability Dispute Resolution and General Terms will survive termination of these Terms.

THE SERVICE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT AND ANY FEATURES MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY MODERN HANGOVER ON AN “AS IS” AND “AS AVAILABLE” BASIS. MODERN HANGOVER, AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MODERN HANGOVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. MODERN HANGOVER DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, OR ANY FEATURE MADE AVAILABLE TO YOU THROUGH THE SERVICE, MODERN HANGOVER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MODERN HANGOVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODERN HANGOVER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, OR ANY FEATURES MADE AVAILABLE TO YOU THROUGH THE SERVICE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE PRODUCTS (INCLUDING ANY SOFTWARE THAT MAY BE USED IN SUCH PRODUCTS) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY MODERN HANGOVER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY MODERN HANGOVER. MODERN HANGOVER, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS.

YOU MAY BE ELIGIBLE FOR THE MANUFACTURER’S WARRANTIES THAT APPEAR ON OR WITH THE PRODUCTS YOU BUY. EXCEPT FOR SUCH MANUFACTURER’S WARRANTIES, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MODERN HANGOVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. MODERN HANGOVER DOES NOT WARRANT THAT THE PRODUCTS (INCLUDING THE SOFTWARE THAT MAY BE USED IN ANY PRODUCTS) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MODERN HANGOVER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCTS (INCLUDING THE SOFTWARE THAT MAY BE USED IN ANY PRODUCTS).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IN NO EVENT SHALL MODERN HANGOVER, OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR PRODUCT DESCRIPTIONS, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF A) AMOUNTS PAID OR PAYABLE BY YOU IN CONNECTION WITH THE SERVICE; OR B) THREE-THOUSAND INDIAN RUPEE (INR3000.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Maharashtra without regard to its conflict of law’s provisions.

Agreement to Arbitrate

You and Modern Hangover agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action“). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Modern Hangover with written notice of your desire to do so by email or regular mail at info@modernhangover.com or 330 A1 Shah & Nahar Industrial Estate, Sitaram Jadhav Marg, Lower Parel-West, Mumbai-400013, Maharashtra, India. within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice“). If you do not provide Modern Hangover with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Modern Hangover with an Arbitration Opt-out Notice, will be the state and federal courts located in the Mumbai District of Maharashtra and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Modern Hangover with an Arbitration Opt-out Notice, you acknowledge and agree that you and Modern Hangover are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Modern Hangover otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Changes

Notwithstanding the provisions of the “Modification of Terms” section above, if Modern Hangover changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.modernhangover.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Modern Hangover’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Modern Hangover in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

These Terms constitute the entire and exclusive understanding and agreement between Modern Hangover and you regarding the Service (including Products), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Modern Hangover and you regarding the Service (including Products). If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Modern Hangover’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null.

Modern Hangover may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Modern Hangover under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Modern Hangover’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Modern Hangover. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Unless otherwise indicated, the Terms and all Content provided by Modern Hangover are copyright © 2019 Modern Hangover, Spadeworks Business . All rights reserved. “Modern Hangover” is a trademark of Modern Hangover. The names of any actual companies and products mentioned at the Sites may be the trademarks of their respective owners.

If you believe that something available through the Sites or the App violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section. In order for us to take action, you must do the following in your notice: (1) provide your physical or electronic signature; (2) identify the copyrighted work that you believe is being infringed; (3) identify the item on the Sites and the App that you think is infringing your work and include sufficient information about where the material is located on the Site or the App (including which website and URL) so that we can find it; (4) provide us with a way to contact you, such as your address, telephone number, or e-mail; (5) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Site; and (6) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.