Privacy Policy

This use of THE MODERN APE website and all the materials on this website are subject to the terms and conditions (“Terms and Conditions”) of this Legal Webpage.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MODERN APE WEBSITE. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE CONTAINED ON THIS LEGAL WEBPAGE. THESE TERMS AND CONDITIONS OF USE MAY BE AMENDED OR CHANGED BY US AT ANY TIME AT OUR DISCRETION. YOU AGREE THAT YOUR CONTINUED USE OF THIS WEBSITE AFTER ANY SUCH AMENDMENT OR CHANGE SHALL CONSTITUTE YOUR AGREEMENT TO ANY SUCH CHANGES.

 

THE MODERN APE.com (“Site”) is an online portal of The Modern Ape Mumbai, Maharashtra, India – – 400064. In this Privacy Policy, references to “you” mean any person submitting any data to us or our agent or the Site.

If you have any comments or suggestions, we would be pleased to receive them at our Mumbai address or by emailing us at feedback@themodernape.in

Data protection is a matter of trust and your privacy is important to us. We shall therefore only use your name and other information which relates to you in the manner set out in this Privacy Policy. We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you.

We will only keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected.

You can visit the Site and browse without having to provide personal details. During your visit to the Site you remain anonymous and at no time can we identify you unless you have an account on the Site and log on with your user name and password.

Privacy

The Modern Ape is absolutely committed to safeguarding your privacy. As outlined in our Privacy Statement and Notice of Privacy Practices, we keep the information of our customers in the strictest of confidence. If you are not familiar with these documents, we encourage you to read them. This is the best way for you to learn the details of how we at The Modern Ape protect the information of our customers and the specific circumstances in which we can use and disclose the information of our customers.

 

General

This THE MODERN APE website is owned and operated by The Modern Ape has the right at any time to change or discontinue any aspect or feature of this website including, without limitation, the content, hours of availability and equipment needed for access to or use of the website. The Modern Ape has no obligation to update this site in a specific timeframe and, therefore, any information may be out of date. Any graphics, animations, video, sound, text, trademarks, or service marks, and/or other information presented at this site are the property of The Modern Ape. Use of this information requires written permission from The Modern Ape.

 

Monitoring

The Modern Ape reserves the right, but not the obligation, to monitor this website to determine compliance with the terms of this Legal Webpage and any rules established by The Modern Ape to satisfy any law or regulation.

 

Business

The information and descriptions contained on this site are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and Services offered by The Modern Ape.

 

Disclaimer of Warranty and Limitation of liability

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER THE MODERN APE, ITS AFFILIATES NOR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY OBTAIN FROM USE OF THIS SITE, OR AS TO THE ACCURACY OR LIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.

THIS SITE IS PROVIDED ON AN AS-IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MODERN APE IS NOT LIABLE FOR THE DEFAMATORY OR OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL THE MODERN APE , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, OR THE CONTENT INCLUDED HEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE MODERN APE’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT TORT INCLUDING ITS OWN NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY INCLUDING STRICT LIABILITY, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

 

Indemnification

Any notices required or permitted hereunder may be given by personal delivery in writing or by mail. Notices delivered personally shall be deemed given as of the date of actual receipt. Notices shall be addressed as follows:

THE MODERN APE,

Rishikesh Pandya

Partner

D-101, Prathampad CHS

Evershine Nagar, Malad West, Mumbai 400064

 

Personal Information and SSL

At times, we may ask you for personal information while you are visiting our website. We ask for this information only to deliver materials that you have requested, to respond to a question you have asked, or to provide you with a product or service.

When you enter data into an online form on our website, the personal information you type is protected and securely transmitted to us through a method such as a Secure Sockets Layer (SSL). SSL is the standard method that websites use to protect visitors’ information by coding or “encrypting” everything from credit card transactions to enrolment data.

All of the information that our customers provide to us through this website is subject to the protections outlined in our Privacy Statement and Notice of Privacy Practices.

The Modern Ape takes the security of your information very seriously and has established security standards and procedures to prevent unauthorized access to customer information. We maintain physical, electronic and procedural safeguards to guard your information. All authorized personnel within our organization who deal with your information must abide by a confidentiality agreement. The Modern Ape website, however, includes links to other sites and when you choose to visit those sites, we are not responsible for their privacy policies or how they treat user information. In addition, we may permit third parties to offer registration-based services through our site. We are not responsible for the actions and policy of these third parties and you should review the privacy policy of those parties before supplying personally identifiable information to them.

 

Cookies

In order to improve our Internet service to you, we will occasionally use a “cookie”. A cookie is a small amount of data that our web server sends to your web browser when you visit certain parts of our site. We use cookies to assist our understanding of your interest in our Web Site and to store and maintain user preferences. A cookie is not a computer program — it cannot read data from your computer, perform any action on your data, or embed any commands in your computer. While cookies are used to identify repeat visitors to a website, they do not contain any personally identifying information about you, such as your name, e-mail address, user ID, or password.

Cookies cannot gather any personal information about you other than information you provide voluntarily, such as the information you enter if you choose to register on the site.

Most browser software lets you decide whether or not you want to allow cookies to be created. You can set your browser to notify you when a website sends a cookie to your computer. Most browsers also provide a way for you to remove cookies from your computer. If you tell your browser to deny cookies while you are visiting THE MODERN APE website, visit will be terminated for your protection.

 

Data Protection and Privacy Policy

This Data Protection and Privacy Policy relates solely to personal information supplied by you on this Web Site. It is necessary for you to supply The Modern Ape with personal information on this THE MODERN APE Web Site in connection with the provision of the services you have requested or are about to request at this THE MODERN APE Web Site. Failure to supply such information may result in The Modern Ape being unable to provide these services.

The Modern Ape respects the privacy of your personal information. The purposes for which any personal information provided by you to The Modern Ape through THE MODERN APE Web Site may be used will vary depending on the nature of the relationship, which you as a data subject have with The Modern Ape. Broadly, they may comprise all or any one or more or of the following purposes (but shall not be restricted to):

the processing of request for purchase of products and services;
membership services;
promotional services;
conducting credit checks;
disclosure under the requirements of any law binding on The Modern Ape;
purposes relating to any of the above purposes.

This Policy will not alter or affect any information otherwise provided by you to The Modern Ape. The details which you are requested to provide on this Web Site shall be confidential to The Modern Ape, The Modern Ape assumes no responsibility over the contents and accuracy of the same. The Modern Ape will not reveal your details to any external body, unless The Modern Ape either has your permission, or is under a legal obligation or any other duty to do so.

The Modern Ape wishes to assure you that your personal information will be treated as confidential and with high standards of security. Despite taking all efforts and maintaining / exercising all care and caution, any information passed to any person though not due to a fault on the part of The Modern Ape, The Modern Ape will not be in any ways liable.

However, it is your responsibility at all times to maintain the secrecy of your user ID and login password. Personal data provided by you are retained for as long as the purposes for which such data were collected continue. Data are then destroyed unless their retention is required to satisfy legal, regulatory or accounting requirements or to protect The Modern Ape interest. As a general rule the maximum retention period is 7 years.

The Modern Ape reserves the right to amend its prevailing Data Protection and Privacy Policy at any time and will place any such amendments on this Web Site. This Data Protection and Privacy Policy is not intended to, nor does it, create any contractual rights whatsoever or any other legal rights, nor does it create any obligations on The Modern Ape in respect of any other party or on behalf of any party. Nothing in this Notice shall limit the rights of data subjects under the Laws of India.

 

Intellectual Property Rights

Everything on this website, including without limitation, all text, graphics, software, logos, icons and images, is the valuable intellectual property of The Modern Ape its subsidiary, associates and affiliates.

 

Links

This site may contain links to other Internet sites (“Third Party Sites”) that are not maintained by The Modern Ape. These links are provided solely for your convenience, and you access them at your own risk. The Modern Ape MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF PRODUCTS, SERVICES OR INFORMATION OFFERED IN SUCH THIRD PARTY SITES. Consequently, The Modern Ape is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites linked to this The Modern Ape site.

 

Severability

If any provision of these Terms and Conditions is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.

 

Termination

The Modern Ape may, in its sole discretion, terminate or suspend your access to all or any part of this site including, but not limited to, any bulletin boards on this site, for any reason, including without limitation, breach of this agreement. If this agreement is terminated, the restrictions regarding materials appearing on this site and the representations and warranties, indemnities and limitations of liability set forth in this agreement shall survive any such termination.

 

Governing Law

These Terms and Conditions are governed by the laws of the India as such laws.

 

Jurisdiction

This website is controlled and operated by The Modern Ape from its registered office located in India. The Modern Ape does not represent or warrant that any materials on this site are appropriate or available for use in any other location. If you choose to access this site from another location, you do so at your own risk and are responsible for complying with any and all local laws.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of India. Any action related to matters on this website shall be brought in the appropriate courts of Mumbai governed by the laws of the India and such laws.

Data that we collect

We may collect various information if you seek to place an order for a product to us on the Site.

We collect, store and process your data for processing your purchase on the Site and any possible later claims, and to provide you with our services. We may collect your title, name, gender, email address, postal address, delivery address (if different), telephone number, mobile number, fax number, payment details, payment card details or bank account details.

We need this information in order to allow you to go ahead with placing your order for a product on the Site. We may use that data to process payment for the product and deliver the product to you. We also use that data to inform you when the product is about to be delivered.

We may pass your name, phone number, email id and address on to a third party in order to make delivery of the product to you (for example to our courier or supplier).

We may also share your data with our franchisor, if any. You further authorise such franchisor to use this information to sell products to you, directly or indirectly.

We may also use your data in order to manage the Site, collect payment from you, enable you to subsequently use parts of the Site, detect any fraud or Site abuses, send you information relevant to the Site or our products, and in case we have any queries. Payments that you make through the Site will be processed by our company The Modern Ape, a company registered in India.

You may receive phone calls from us, our franchisor or our third party associates in relation to providing services to you.

You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes immediately.

Your actual order details may be stored with us and you may access this information by logging into your account on the Site. Here you can view the details of your orders that have been completed, those which are open and those which are shortly to be dispatched and administer your address details, bank details and any newsletter to which you may have subscribed. You undertake to treat the personal access data confidentially and not make it available to unauthorized third parties. We cannot assume any liability for misuse of passwords unless such misuse is our fault.

Subject to the terms of this Privacy Policy, we shall not share any of your personal information with third parties without your explicit consent. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in India that are protected by physical as well as technological security devices. We use independent agencies to verify and certify our privacy principles. If you object to your information being transferred or used in this way please do not use the Site.

We reserve the right to communicate your personal information to any third party that makes a legally-compliant request for its disclosure.

Credit Check and Fraud Prevention

We use standard and authorized payment services of reputed companies and our Credit Check and Fraud Prevention policies are aligned to the policies of these companies. All disputes would be subject to the jurisdiction of courts at Mumbai

 

Other uses of your personal information

We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that we send to you or follow the unsubscription process as detailed in the SMS. Kindly note that unsubscribing from one medium does not automatically lead to unsubscription from the other. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. If your instruction is unclear we will contact you for clarification.

Competitions

For any competition we use the data to notify winners and advertise our offers. You can find more details where applicable in our participation terms for the respective competition.

Third Parties and Links

We may pass your details to other companies in our group. We may pass your details to our agents and subcontractors to help us with any of our uses of your data set out in our Privacy Policy. For example, we may use third parties to assist us with delivering products to you, to help us to collect payments from you, to analyse data and to provide us with marketing or customer service assistance. We may exchange information with third parties for the purposes of fraud protection and credit risk reduction. We may transfer our databases containing your personal information if we sell our business or part of it. Other than as set out in this Privacy Policy, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy Policy or unless we are required to do so by law. The Site may contain advertising of third parties and links to other sites or frames of other sites. Please be aware that we are not responsible for the privacy practices or content of those third parties or other sites, nor for any third party to whom we transfer your data in accordance with our Privacy Policy.

Security

We have in place appropriate technical and security measures to prevent unauthorised or unlawful access to or accidental loss or destruction of or damage to your information. When we collect data through the Site, we collect your personal details on a secure server. We use firewalls on our servers. When we collect payment card details electronically, we use encryption by using Secure Socket Layer (SSL) coding. Whilst we are unable to guarantee 100% security, this makes it hard for a hacker to decrypt your details. You are strongly recommended not to send full credit or debit card details in unencrypted electronic communications with us. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorised access to your password and to your computer.

Consent

By submitting data to us or our agent or using the Site, you consent to our use of your data in the manner set out in this Privacy Policy.