Terms of use

1. Acceptance of Terms

Welcome to mcubes India (“mcubes,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, themcubes.in, and all related services, features, content, and applications (collectively, the “Platform”). These Terms constitute a legally binding agreement between you and mcubes India. By accessing, browsing, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. This agreement becomes effective the moment you first access the Platform. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform.

2. Eligibility

The Platform is intended solely for users who are 18 years of age or older. By accessing and using the Platform, you represent and warrant that you are at least 18 years old and have the full legal capacity to enter into a binding contract with mcubes India. If you are a minor, you are prohibited from using this Platform. Furthermore, if you are using the Platform on behalf of an employer, company, organization, or any other legal entity, you represent and warrant that you have the authority to legally bind that entity to these Terms.

3. Your Account and Responsibilities

• Account Creation: To access and use certain features, such as purchasing products or viewing your order history, you must register for an account. You agree to provide and maintain accurate, current, and complete information, including your name, email address, shipping address, and phone number, during the registration process. You are responsible for ensuring your account information is up-to-date at all times. Providing false or misleading information is a violation of these Terms and may result in the termination of your account.
• Account Security: You are solely and exclusively responsible for all activity that occurs under your account. You must maintain the confidentiality and security of your account password and any other login credentials. You agree to take all reasonable steps to prevent unauthorized access to your account. You must notify us immediately at howdy@themcubes.in if you suspect or become aware of any unauthorized use of your password or account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account information.
• User Conduct: You agree to use the Platform in a respectful, lawful, and ethical manner that does not violate the rights of or interfere with the experience of other users. Prohibited conduct includes, but is not limited to:
  • Harassing, threatening, or causing distress or inconvenience to any other user.
  • Posting, transmitting, or otherwise making available any content that is obscene, defamatory, libelous, or offensive.
  • Disrupting the normal flow of dialogue or otherwise acting in a manner that negatively affects other users’ ability to engage in real-time exchanges.
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

4. Intellectual Property Rights

All intellectual property on the Platform, including the website design, text, graphics, logos, images, icons, audio clips, video clips, digital downloads, software, and the selection and arrangement thereof, is the exclusive property of mcubes India or its licensors and is protected by Indian and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. Your use of the Platform grants you no right or license to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of this material without our prior written consent. The mcubes name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of mcubes India. You may not use these marks without our prior written permission.

5. Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:

• In any way that violates any applicable national, state, or local law or regulation, including consumer protection laws, intellectual property laws, or data privacy laws.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation.
• To use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform. This includes scraping, data mining, or other data extraction methods.
• To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

6. Disclaimer of Warranties

The Platform and all information, content, materials, products, and services included on or otherwise made available to you through the Platform are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, products, or services included on or otherwise made available to you through the Platform. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components. You expressly agree that your use of the Platform is at your sole risk.

7. Limitation of Liability

To the fullest extent permitted by law, in no event will mcubes India, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform. This includes, without limitation, any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

8. Indemnification

You agree to defend, indemnify, and hold harmless mcubes India, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your user contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.

9. Governing Law and Dispute Resolution

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the courts located in Alappuzha, Kerala, India. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

10. Changes to the Terms

We reserve the right to revise and update these Terms at our sole discretion at any time. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. If a revision is, in our sole opinion, material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms.

11. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: howdy@themcubes.in