Terms & Policies

  1. This page states the "Terms of Use" under which You may use the services of BrandMan Retail Pvt. Ltd. (The Company) and its website brandmanretail.com, which retails products as listed on their website or available in stores as an authorized distributor. 
  1. The services provided by Brandman are for  offer for sale, and if you do not agree with the present terms, please do not access the website for any purchase. It is acknowledged by the user of the platform that he/she may be charged for various services being provided by BrandMan that shall be at the sole option of the User to purchase any service offered.
  1. These Terms of Use include the "Privacy Policy" which is incorporated into these Terms of Use by reference. By using the App or website, you are indicating your agreement to these Terms of Use, including the Privacy Policy.

 

DEFINITIONS

"you" or "your" (including upper or lower case instances of these words in the Terms) refers to any individual accessing and using the Site and Digital products and services whether as a registered user or guest.

"user" refers to individuals who are registered users/subscribers of BrandMan by virtue of having an account with an associated unique user ID and password for accessing the Site(s)/ App and using the products and services.

"us" and “Company (including upper or lower case instances of these words in the Terms) refers to the collection of entities that own or operate the Site or the App and offer the Digital products and services in the countries in which the Digital products and services can be lawfully offered. These entities include BrandMan Retail Pvt. Ltd., which is the principal entity you contract with for the use of the Site and Digital products and services.

"Site" means the collection of websites, applications, and platforms owned or operated by us, including without limitation, www.brandmanretail.com,, android and iOS applications offering the same or similar functionality as offered via the above domains.

"Digital products and services " means the various digital products and services offered via or through the Site from time to time.

"Personal Data" means data, whether true or not, about you from which you can be identified and any of which you are provide to us, is deemed to be provided consensually, including without limitation, your personal details and payment information.

"User Information/ Data" means information you provide us as part of registration and in the course of using the BrandMan products and services, and includes, without limitation, UGC.

"User Generated Content" or "UGC" means any content created, generated, uploaded by, or originating from or through you that is available at or through the Site or Digital products and services, including without limitation content and logs of communications between you and other users of the Site or us.

GENERAL

  1. If you do not agree to any of these terms or the Privacy Policy, please do not use the Service. The Service is provided by Brandman Retail Pvt. Ltd. which, is the Authorized Licensee of New Balance Athletics Inc., USA to sell its products in the Territory of India.
  1. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. BrandMan may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
  1. You must be 18 years of age or older to visit or use BrandMan in any manner. By visiting brandmanretail.com, or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use www.brandmanretail.com, in a manner consistent with any and all applicable laws and regulations.
  1. In order to access features of the Service provided by BrandMan, you may have to create a User Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information as required by the company for registration of the account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BrandMan immediately of any breach of security or unauthorized use of your account. Although the company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Company or others due to such unauthorized use.
  1. The contents of this Website and/ or App, and of all other websites under the Company's control, whether partial or otherwise or partner websites such as text, graphics, images, logos, button icons, software and other Content, areprotected under both India and foreign copyright, trademark and other laws. All Content is the property of the New Balance and/ or its Licensees, affiliates or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the BrandMan Sites are the exclusive property of the Company and protected by Indian and international copyright laws. The User/Subscriber/Visitor to the site and/or its affiliated websites does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made there-under, or the law governing any such use in the country of the users/subscribers residence while assessing or feeding any information/data into the computers, computer systems. The said User/ subscriber/ visitor to brandmanretail.com,  and/or its affiliated websites does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and/or similar laws/ rules, regulations, guidelines, byelaws and notifications, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force. 
  1. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
  • In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from India or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
  • To delete or alter any copyright, trademark or other proprietary rights notices from copies of materials form the Website.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including searching, monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Reverse engineer, decompile, or disassemble, or otherwise tamper with the Website software or content to, among other things, create derivative works.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website
  1. You should not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any BrandMan Site;
  1. The company reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the BrandMan Sites and/or terminating the offending User's ability to access the Sites and/or use any services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. 
  1. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Platform and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by BrandMan on the Platform for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of BrandMan the respective licensors of the Content. 
  1. When You register with any BrandMan site, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the Terms of Use and any privacy policy applicable to any BrandMan Web Site, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. 
  1. The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties.
  1. You are solely responsible for your Account information, content, messages or other information ("User Content") that You submit, publish or display (hereinafter, "post") on any BrandMan Site or transmit to other Users. By posting User Content to any BrandMan Site, You automatically grant, and You represent and warrant that You have the right to grant, to the company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof. 
  1. BrandMan may limit, suspend, modify, delete or terminate any account that violates any terms as stated herein (modified from time to time) without any advance notice. As also, the Platform may delete/ terminate any accounts that have been Inactive for more than 182 days.
  1. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
  1. The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or of such activities.
  1. The user is responsible for maintaining the confidentiality of the Account and passwords. The user shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by the user. The user further agrees to immediately notify the Company of any unauthorized use of your Account, and passwords.
  1. The company will not be party to any legal proceedings between a user (e.g. a subscriber) and a party contracted through the Platform. In case the company is implicated in any legal proceedings, costs will be recovered from the party that names The company, however, will abide with any court order served on it through due process.
  1. The company cannot guarantee and does not promise any specific   results from use of the Platform or any BrandMan Site. No advice or information, whether oral or written, obtained by a User from the Platform or from any BrandMan shall create any warranty not expressly stated herein.
  1. The company does not warrant that any BrandMan site will operate error-free or that any BrandMan and its servers are free of computer viruses or other harmful mechanisms. If your use of any BrandMan site or the content results in the need for servicing or replacing equipment or data, the company is not responsible for those costs. The BrandMan sites and content are provided on an "as is" basis without any warranties of any kind. The company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.
  1. The company would not be held liable for any loss of data, technical or otherwise, information, particulars supplied by the subscriber, due the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond the company’s reasonable control including but not limited to strike, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
  1. brandmanretail.com sites may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
  1. The Company makes no claims that the Content on BrandMan sites/ platform may be lawfully viewed or accessed outside of India. Access to the BrandMan may not be legal by certain persons or in certain countries. These Terms of Use are governed by the laws of India, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the Court at Delhi, India. If any provision of these Terms of Use are 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 Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of BrandMan.
  1. From time to time we may request you to provide Personal Data to us. We may also collect your Personal Data through the use of cookies (and other tools to track your access and use of the Site and Digital products and services. By providing us such data, you are consenting to us using your Personal Data in connection with the provision of the Site and Digital products and services. Such use may extend to, without limitation, internal analysis of such data by us, provision of such data to our personnel and third parties authorised by us to access such data (all of whom shall be subject to appropriate confidentiality obligations in respect of such data) and to transmittal of such data outside the countries, subject again to any persons accessing or handling such data outside your location jurisdiction (where you first registered as a user from) being subject to appropriate confidentiality obligations such that your Personal Data is handled with care to a standard no lower than required by any data protection laws in your location jurisdiction.

 

PRIVACY

 

  1. When we use your Personal Data, we will do so in compliance with the applicable laws of your location jurisdiction (subject to the consents you have provided through your acceptance of these Terms). When we provide any of your Personal Data to third parties, we shall do so in accordance with this Privacy Policy. In the event you wish to utilise opt-out or right to be forgotten rights available to you in your location jurisdiction, please notify us in writing citing the laws upon which you rely, and we will comply with your request in a reasonable time to the extent required by the relevant laws.

 

  1. If you have made a purchase from our store we may occasionally update you on our latest products, news and special offers via e-mail, post & telephone. You will also be given the opportunity to receive such communications from us and selected third parties when you become a member of the brandmanretail.com.

 

All registered members have the option to opt-out of receiving marketing communications from us and/or selected third parties. If you do not wish to continue to receive marketing from us and/or selected third parties you should opt-out by contacting us through telephone and E-mail:  TEL: +91-1146052323, E-mail: customercare@brandmanretail.com.

  1. We may disclose aggregate, anonymised statistics about the number of visitors to this Website or number of purchases made as required by our investors. We use an independent measurement and research company to gather data regarding the visitors to this Website on our behalf using cookies and code which is embedded in the site. Both the cookies and the embedded code provide statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors’ screen settings and other general information. New Balance uses and stores this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its users. 
  1. We may disclose your personal information to any of our group of companies. We may also disclose your personal information to third parties:
  • if BrandMan or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of BrandMan, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  1. Cookies and its use:
(i) Cookies are data files sent by your web browser to the website or application  you visit. A cookie gets stored on your web browser or device and allows the service to recognize you and make the service more useful to you.
(ii) A Cookie may be a “persistent cookie” or a “session” cookie. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date unless deleted by the user before the expiry date whereas a session cookie will expire at the end of the user session, when the web browser is closed.
 (iii) For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  1. These Terms of Use will remain in full force and effect while You are a User of BrandMan and its affiliate sites at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from BrandMan Sites and immediate termination of your registration with or ability to access BrandMan Sites and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use.

If you have any questions about these Terms of any Complaints/ Feedback etc., feel free to contact us at:

TEL: +91-1146052323, E-mail: customercare@brandmanretail.com