Terms and Conditions

1. SERVICES

(a) The Services include the provision of the Platform that enables you to arrange and schedule different mehndi services with independent mehndi professionals ("Artists" or "Service Professionals"). As a part of the Services, MM facilitates the transfer of payments to Artists and collects payment on behalf of such Artists for each Service.

(b) The Services do not include the provision of mehndi services by Service Professionals. MM only connects you to Artists through the Platform. MM does not provide any mehndi services and is not responsible for any actions or inactions of the Artists. Artists are not employees, agents, or representatives of MM.

(c) We may add, modify, or discontinue any aspect, feature, or service of the Platform at any time. We will provide notice where reasonably practicable.

(d) The Platform allows you to:

1. Browse mehndi designs and Artist portfolios
2. Preview designs using our interactive hand visualization technology
3. View Artist availability, pricing, ratings, and reviews
4. Request and confirm bookings with Artists
5. Communicate with Artists regarding your requirements
6. Make secure payments through our integrated payment gateway
7. Provide ratings and reviews after service completion
8. Access customer support for any booking-related queries

2. ACCOUNT CREATION

(a) To use the Services, you must create an account on the Platform ("Account"). You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

(b) You are solely responsible for safeguarding your Account password and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account.

(c) We reserve the right to suspend or terminate your Account if any information provided proves to be inaccurate, not current, incomplete, or if we have reasonable grounds to suspect fraud or misuse.

(d) To create an Account, you must:

1. Be at least 18 years of age
2. Have the legal capacity to enter into a binding contract
3. Not be prohibited from using the Platform under applicable law
4. Provide a valid email address and phone number
5. Create a secure password

(e) You may not transfer your Account to any other person and you may not use any other person's Account without their permission. You shall not create more than one Account.

3. USER CONTENT

(a) "User Content" means any content, including but not limited to text, photographs, images, designs, reviews, ratings, comments, and feedback that you submit, upload, or otherwise make available through the Platform.

(b) You retain ownership of your User Content, but by submitting User Content, you grant MM a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating and providing the Services.

(c) You represent and warrant that:

1. You own or have the necessary rights to your User Content
2. Your User Content does not violate any third-party rights
3. Your User Content is accurate and not misleading
4. Your User Content complies with these Terms and applicable law

(d) We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.

4. CONSENT TO USE DATA

(a) You agree that MM may collect and use technical data and related information about your device, system, application software, and peripherals to facilitate the provision of Services.

(b) MM may use this information to improve its products and provide personalized services. For detailed information on how we collect, use, and protect your data, please refer to our Privacy Policy.

(c) You consent to receiving communications from MM via SMS, email, WhatsApp, or push notifications regarding:

1. Booking confirmations and reminders
2. Service updates and Artist communications
3. Promotional offers and marketing communications (which you may opt out of)
4. Platform updates and policy changes
5. Account and security notifications

5. BOOKINGS

(a) A booking is confirmed only when you receive a confirmation notification from MM ("Booking Confirmation"). Until you receive a Booking Confirmation, no binding agreement exists between you and the Artist.

(b) Confirmed bookings are subject to the specific terms agreed upon, including date, time, location, design specifications, and price. Any changes to these terms require mutual agreement.

(c) You agree to:

1. Provide accurate booking details (date, time, location, event type, number of guests)
2. Be present and ready at the scheduled time
3. Provide a suitable environment for the Artist to work
4. Communicate any allergies, skin sensitivities, or special requirements in advance
5. Treat Artists with respect and professionalism

(d) MM reserves the right to cancel any booking that violates these Terms or for any other reason at our discretion. In such cases, you will receive a full refund.

6. PRICING, FEES, AND PAYMENT TERMS

(a) All prices displayed on the Platform are in Indian Rupees ("INR") and are inclusive of applicable Goods and Services Tax ("GST") unless otherwise stated.

(b) Prices are set by Artists and may vary based on design complexity, duration, location, and other factors. MM displays these prices transparently on the Platform.

(c) Payment for bookings is processed through our secure payment gateway. By making a payment, you authorize MM to charge the specified amount to your chosen payment method. We accept:

1. Credit and debit cards (Visa, Mastercard, RuPay, American Express)
2. UPI (Unified Payments Interface)
3. Net banking
4. Digital wallets (Paytm, PhonePe, Google Pay, etc.)

(d) The payment schedule is as follows:

(e) MM charges a platform fee for facilitating bookings. This fee is included in the total price displayed to you and is non-refundable except as specified in our Refund Policy.

(f) You are responsible for any additional charges, such as parking fees or travel surcharges, as communicated by the Artist at the time of booking.

7. CUSTOMER CONDUCT

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

1. Violate any applicable laws, regulations, or third-party rights
2. Provide false, misleading, or inaccurate information
3. Impersonate any person or entity or misrepresent your affiliation
4. Interfere with or disrupt the Platform, servers, or networks
5. Attempt to gain unauthorized access to any portion of the Platform
6. Use automated means (bots, scrapers) to access the Platform without permission
7. Harass, abuse, threaten, or harm other users or Artists
8. Post defamatory, obscene, offensive, or discriminatory content
9. Circumvent or bypass any security measures
10. Solicit Artists for services outside the Platform to avoid platform fees

(b) Violation of these conduct rules may result in immediate suspension or termination of your Account without notice or refund.

8. THIRD PARTY SERVICES

(a) The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by MM.

(b) MM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that MM shall not be responsible or liable for any damage or loss caused by your use of any such third-party services.

(c) Artists may use their own tools, materials, and products in providing services. MM does not endorse or guarantee the quality of any materials used by Artists.

9. YOUR RESPONSIBILITIES

(a) You are responsible for:

1. Maintaining the confidentiality of your Account credentials
2. All activities that occur under your Account
3. Providing accurate and complete information
4. Complying with all applicable laws and regulations
5. Ensuring that your use of the Services does not violate any third-party rights

(b) You acknowledge that mehndi involves the application of natural dyes to your skin and that results may vary based on individual skin chemistry, aftercare, and other factors outside MM's or the Artist's control.

(c) If you have any known allergies or skin sensitivities, you must disclose these to the Artist before the service begins. You may request a patch test, which is recommended for first-time users.

10. OUR INTELLECTUAL PROPERTY

(a) The Platform, including all content, features, and functionality (including but not limited to software, code, text, displays, images, video, audio, design, selection, and arrangement), is owned by MM, its licensors, or other providers and is protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

(b) The MakeupMunch name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MM or its affiliates. You may not use such marks without our prior written permission.

(c) Mehndi designs displayed on the Platform may be owned by MM, Artists, or licensed from third parties. You may not copy, reproduce, distribute, or create derivative works from these designs without explicit written permission.

(d) We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms. This license does not include any right to:

1. Resell or make commercial use of the Platform
2. Modify or create derivative works of the Platform
3. Download or copy account information for the benefit of any third party
4. Use data mining, robots, or similar data gathering tools

11. TERM AND TERMINATION

(a) These Terms shall remain in full force and effect while you use the Platform or maintain an Account.

(b) You may terminate your Account at any time by contacting us at support@makeupmunch.com or through your account settings. Termination will be effective upon completion of any pending bookings.

(c) We may suspend or terminate your Account at any time, with or without cause and with or without notice, for conduct that we believe:

1. Violates these Terms
2. Is harmful to other users, Artists, or third parties
3. Exposes MM to potential legal liability
4. Is fraudulent or potentially fraudulent

(d) Upon termination, your right to use the Platform will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. DISCLAIMERS AND WARRANTIES

(a) THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(b) MM does not warrant that:

1. The Platform will be uninterrupted, timely, secure, or error-free
2. The results obtained from use of the Platform will be accurate or reliable
3. The quality of any services obtained through the Platform will meet your expectations
4. Any errors in the Platform will be corrected

(c) MM is a marketplace platform and does not provide mehndi services directly. We are not responsible for the quality, safety, legality, or any other aspect of the services provided by Artists.

(d) Any material downloaded or otherwise obtained through the Platform is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data.

13. INDEMNITY

(a) You agree to defend, indemnify, and hold harmless MM and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

1. Your violation of these Terms
2. Your use of the Platform or Services
3. Your violation of any third-party rights
4. Your User Content
5. Your interactions with Artists or other users
6. Any claim that your User Content caused damage to a third party

(b) This defense and indemnification obligation will survive these Terms and your use of the Platform.

14. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION

(a) These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

(b) Before filing any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at disputes@makeupmunch.com. We will attempt to resolve the dispute within 30 days.

(c) If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms shall be finally settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted in English, with the seat of arbitration in New Delhi, India. The arbitral tribunal shall consist of a sole arbitrator mutually appointed by the parties.

(d) YOU AND MM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

(e) Any legal action or proceeding not subject to arbitration will be brought exclusively in the courts of New Delhi, India, and you hereby consent to the personal jurisdiction and venue therein.

15. GRIEVANCE REDRESSAL

In accordance with the Information Technology Act, 2000, and the Consumer Protection Act, 2019, the name and contact details of the Grievance Officer are:

16. MISCELLANEOUS PROVISIONS

(a) Entire Agreement: These Terms, together with our Privacy Policy, Refund Policy, and any Supplemental Terms, constitute the entire agreement between you and MM regarding your use of the Platform and supersede all prior agreements and understandings.

(b) Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

(c) Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

(d) Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

(e) Force Majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

(f) Notices: We may provide notices to you via email, SMS, or by posting on the Platform. You may contact us at the addresses provided in these Terms.

(g) Contact: For questions about these Terms, please contact us at legal@makeupmunch.com or call +91-124-456-7890.