TERMS OF USE AND NOTICES AGREEMENT BETWEEN USER AND MIBRAND OVERSEAS LLP
Access to and use of the worldwide website (“MYINDIANBRAND.COM” hereinafter referred to as “MIIB”) owned by MIBRAND OVERSEAS LLP, is provided and allowed only to person(s) in the jurisdiction(s) where it is lawful to provide such services, and subject to the terms, conditions and notices hereunder, as modified from time to time. Your accessing and using this website/MIB, constitutes your agreement to these terms, conditions and notices. As a registered user of this website/MIB, this Agreement shall be effective and binding upon your “Acceptance” of these terms and conditions. Acceptance means your act of clicking on the Check Box and on the Continue Button as provided on the User Registration page. Note if you do not agree or are not willing to be bound by the terms and conditions of this Agreement, please do not click on the “Check Box” and the “Continue” button and do not seek access to or otherwise use the website/MIB.
1. DEFINITIONS
For the purposes of this Agreement, the words/phrases defined herein below shall be construed accordingly, unless repugnant to the context or the meaning thereof.
1.1 “ Agreement” means this particular Agreement between You and MIB (MYINDIANBRAND.COM), as it exists mutatis mutandis, and includes any and all schedules, appendices, annexures, privacy policies for the access and use of this Website.
1.2 “User” means and includes any and each person who establishes a connection for access to and use this website, and includes a Registered User, who registers on this Website.
1.3 “Website” means worldwide website in the domain of myindianbrand.com operated as MIB and, inter alia, provide a platform to sellers/buyers for showcasing and sale/purchase of various products sold by them and for providing transactional information in relation to any transactional of purchase/sale of products entered into between the sellers/buyers through this Website.
1.4 “You” means and includes any and each person as has been defined in “User” above.
1.5 “Seller” means the person, who/which showcases various products on the Website for sale to buyers through this website or generally through this Website, and includes franchisee/s of MIB or non-franchisee sellers.
1.6 “Buyer” means the person, who/which places an order for purchase of a product on the seller through this website or generally through this website.
1.7 “Individual” or “Person” means and includes any individual, firm, company, governmental authority, joint venture, partnership, association or any other entity (whether or not having separate legal entity).
2. MIB IS A VENUE
2.1 MIB/MYINDIANBRAND.COM acts as a venue to allow Users who comply with MIB’s policies to offer, sell and buy certain goods within a fixed-price format. MIB is NOT directly involved in the transactions between Buyers and Sellers. As a result, WAC has no control over the quality, safety, morality or legality of any aspect of the items listed or the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. MIB does not pre-screen Users or the content or information provided by Users. MIB cannot ensure that a Buyer or Seller will actually complete a transaction.
2.2 Consequently, MIB does not transfer legal ownership of items from the Seller to the Buyer.
2.3 MIB cannot guarantee the true identity, age, and nationality of a User. The User agrees that MIB is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on MIB. User will use the MIB service at his/her own risk.
2.4 User agrees that the sole purpose of registering or using the Website is to buy or sell products PRODUCED AND MANUFACTURED IN INDIA including any products which are created by your hand as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and User shall not use this Website for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought in any manner.
3. ELIGIBILITY OF AND REPRESENTATIONS BY THE USER
3.1 MIB’s services are available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. User represents and warrants that he/she is at least 18 years of age and that all registration information submitted is accurate and truthful. MIB reserves the right at its discretion to refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. These provisions are void where prohibited by law and the right to access the website is revoked in such jurisdictions.
4. USER ACCOUNT, PASSWORD AND SECURITY
4.1 User will be able to access this Website only by registering with us, which the User must do by providing MIB with current, complete, and accurate information as promoted by the applicable registration form. User will be entirely responsible for maintaining the confidentiality of the account, password and payment related information. Furthermore the User will be entirely responsible for any and all activities that occur under the User’s account. User agrees to immediately notify any breach of the security and unauthorized use of the User’s account to the MIB. User also agrees that the User will be held liable for any loss incurred by the MIB or any other party due to someone else using the User’s account either with or without the User’s knowledge and undertakes to indemnify MIB in this regard.
4.2 User shall be responsible for protecting the confidentiality of the User’s account and password and for ensuring that all use of your account complies fully with the provisions of this Agreement.
4.3 User shall be responsible for keeping the account information up to date and accurate at all times including updation of changes from time to time. To sell items on MIB, User must provide and maintain valid payment information such credit card information or valid PayPal account or bank account details.
4.4 User is not allowed to transfer or sell his/her MIB account and user ID to any other party. If a User is registering as a business entity, the User must personally guarantee that the User have the authority to bind the entity to this Agreement.
4.5 MIB services are not available to temporarily or indefinitely suspended MIB members. MIB unilaterally reserves its right to cancel unconfirmed or inactive accounts and also reserves the right to refuse services to anyone for any reason, at any time, without showing any reason.
4.6 Non-compliance of the above general terms and conditions of this Agreement may subject the user to civil or criminal liabilities, penalties, non-registration and/or deactivation of the existing User Account with MIB website without notice or intimation of any kind.
5. FEES AND BILLING
5.1 User is free to sign up for MIB account. MIB does not charge fees for creating a shop and listing products for the purpose of sale at this point of time. The same may change in future. MIB charges a convenience fee as a percentage of the sale price only when the item sells through the MIBs payment gateway. When the User lists an item on the MIB’s website, the User will have an opportunity to review and accept the fees that will be charged.
5.2 MIB’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for MIB’s services are effective after MIB provides impacted User with at least fourteen (14) days’ notice by posting the changes on the Site. However, MIB may choose to temporarily change the Fee Policy and the fees for MIB’s services for promotional events (for example, free listings, trial offer, road shows, exhibitions etc.); such changes are effective when MIB posts the temporary promotional event on the Website. MIB may also reach out to Users for special promotions or display at the consent of the User at a certain fee from time to time. However, this would imply only for the Users who agree for it. MIB may, at its sole discretion, change some or all of MIB’s services at any time. In the event MIB introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise specifically stated, all fees are quoted in INR (Indian Rupee).
5.3 In certain circumstances, including but not limited to a void or invalid transaction, MIB may issue a credit for the applicable fees to a Seller’s billing statement.
5.4 All fees/charges shall be quoted in Indian Rupees and shall be payable to MIBRAND OVERSEAS LLP within such time as specified in the invoice, including applicable taxes as may be levied.
5.5 User is responsible for paying all fees and applicable taxes associated with the usage of facilities of MIB.
5.6 Fees and Termination: If MIB terminates a listing or the User’s account, and/or if a User closes his/her account, or if the payment of MIB fees cannot be completed for any reason, shall be liable to pay MIB all unpaid fees plus any penalties, wherever applicable. If the Seller’s account is not paid in full and becomes past due, the Seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
6. LISTING AND SELLING
6.1 Listing Description: By listing an item on the Website the User warrants that all aspects of the item comply with MIB’s published policies. The User’s listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. MIB may decide to display products depending upon the relevance of content, hi-resolution images etc. The product will be listed on the website once MIB administrator approves the listing of products as per guidelines and policies of the Company.
6.2 The User shall not place any advertisements on the Website in any manner. Further, the User shall not use the Website to promote User’s own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by MIB in writing.
6.3 Shop Policies: All Users are urged to outline shop policies for their MIB shop. These policies may include, for example, shipping, returns, payment and selling policies. Users must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with MIB’s site-wide policies. Users/Sellers are responsible for enforcing their own reasonable shop policies. MIB reserves the right to request that a Seller modify a shop policy.
All contractual terms including the terms and conditions of delivery, payment, insurance etc. between the Buyer and the Seller shall be independently agreed with the other Users of the Website that you may transact with.
6.4 Binding Sale: All sales are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller’s listing (such as payment method), or (b) the Seller cannot authenticate the Buyer’s identity. The Buyer is obligated to deliver appropriate payment for items purchased.
6.6 Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. The User will not alter the price of an item after a sale for the purpose of avoiding MIB transaction fees, misrepresent the item’s location, or use another User’s account without permission.
7. PAYMENT
7.1 Payments for the items on the Website, can be made by using payment gateways provided on the MIB’S website.
7.2 For the purposes of buying and/or selling any item listed on the Website, the User agrees and undertakes not to make payments in any manner other than as provided, without the prior consent of MIB.
7.3 The User acknowledges and accepts that the User have specifically authorized MIB to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment on Billing or Payment on Delivery to and from other Users in respect of Transactions.
7.4 In order to enable Users to carry out transactions on the Website, MIB will provide an electronic payment facility by “Instamojo” and “Paypal India” on the Website. This facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed hereunder.
7.5 MIB shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are outside of the Company’s control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through the Facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
7.6 Any claim for refund of any payment made to MIB, for any reason whatsoever, shall be to the account of the Seller, and MIB shall not be responsible for the same including but not limited to service charges or any other fees/ charges.
7.7 The User agrees and accepts that MIB is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing the Online Payment Facility or any other method of payment to its Users.
7.8 Online Payment: In order to facilitate payments for Product(s) purchased by Seller through MIB website, at the request of Sellers, offers an online payment gateway facility that will enable the Purchaser to make payment in respect thereof to the Sellers using a credit/debit card account, subject to Purchaser’s complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s. Please refer to Annexure 1 at the bottom of this page for detailed terms related to Online Payment.
7.9 Credit/Debit card details: The Buyer agrees, understands, undertakes and confirm that the credit/debit card details provided by the Buyer for making payments for product/s purchased through the MIB website, either through on line payment gateway mechanism or through the IVR system will be correct, current, complete and accurate. The aforesaid information provided by the Buyer will not be shared by MIB/User with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by the Buyer. MIB or the Seller will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Seller/Buyer’s ID/password/credit/debit card number/account details in any way.
8. PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
8.1 The User is solely responsible for his/her conduct and activities on and regarding to MIB and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that the User submits, posts, and displays on MIB website.
8.2 The User agrees and undertakes not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that: (a) belongs to another person and to which the User does not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person or use an anonymous proxy; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (j) shall not be false, inaccurate or misleading; (k) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; (l) may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and (m) link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than the Website. You shall not promote any website or webpage or link on the Website
9. CONTENT
9.1 License: MIB does not claim ownership rights in User’s Content. The User grants MIB a license solely to enable MIB to use any information or Content User supply to MIB, so that MIB is not in violation of any rights the User might have in that Content. The User agrees to allow MIB to store or re-format User’s Content on MIB and display the same on MIB in any way as MIB chooses.
9.2 The User shall be responsible for keeping backup versions of the information and data provided by the User. The User hereby agrees that he/she will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.
9.3 As part of a transaction, User/Seller may obtain personal information, including email address and shipping information, from another MIB user in your independent capacity. Without obtaining prior permission from the other User, this personal information shall only be used for that transaction or for MIB-related communications. MIB has not granted the User a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, you are not licensed to add any MIB User to email or physical mailing list.
9.4 MIB will promote the product, features and services from time to time to Users. The discretion of communication by MIB to particular User will be solely on their own discretion.
9.5 Re-Posting Content: By posting Content on MIB, it is possible for an outside website or a third party to re-post that Content. The User agrees to hold MIB harmless for any dispute concerning this use. If the User chooses to display his/her own MIB-hosted image on another website, the image must provide a link back to its listing page on MIB.
9.6 Idea Submissions: MIB considers any unsolicited suggestions, ideas, proposals or other material submitted to it by Users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and MIB shall not be liable for the disclosure or use of such Material. If, at MIB’s request, any member sends Material to improve the site (for example through the Forums or to customer support), MIB will also consider that Material to be non-confidential and non-proprietary and MIB will not be liable for use or disclosure of the Material. Any communication by you to MIB is subject to this Agreement. You hereby grant and agree to grant MIB, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
9.7 Other Resources: MIB neither endorses nor responsible directly or indirectly for the availability of outside websites or resources linked to or referenced on the Site and for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
9.8 The User agrees to defend, indemnify and hold harmless MIB, its shareholders, affiliates, sellers, partners, and their respective directors, officers, employees and agents from and against all claims, demands, losses, damages, liabilities, expenses, actions, including but not limited to, reasonable attorney fees, made by any third party, arising out of the use of MIB website by the User or through your User Account or any breach of this Agreement by the User.
10. RESOLUTION OF DISPUTES AND RELEASE
10.1 Any dispute arising from or relating to the subject matter of this Agreement, including any dispute or difference in regard to the interpretation of any provision or term or the meaning or validity thereof, or in regard to any claim of one party against the other or in regard to the rights and obligations of any party or parties hereto under this Agreement, shall be referred to a sole arbitrator, who shall be a neutral third party nominated by the Designated partner/s of MIB (Mibrand Overseas LLP). The arbitration shall be governed by the provisions of Indian Arbitration and Conciliation Act, 1996 for the time being in force. The Seat of the arbitration shall be Haryana in India. The language of the arbitration shall be in English. Each party shall bear the costs of the arbitration equally unless otherwise awarded by the Sole Arbitrator. The Arbitration Award shall be final and binding on all the parties to the Arbitration.
10.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.
10.3 If any disputes arise between one or more Users relating to the subject matter of this Agreement or any other claims, MIB encourages Users report the disputes to the local law enforcement agencies, or approach certified mediation or arbitration entity, as may be applicable.
10.4 The User agrees that the MIB has no obligation to resolve disputes between Users inter se or with outside parties. However, MIB may in good faith attempts to resolve a dispute in its own discretion, but will not make any judgments regarding legal issues or claims.
11. INTELLECTUAL PROPERTY RIGHTS:
11.1 All trademarks/service marks appearing on the MIB website are the property of their respective owners or licensors. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademark/service mark displayed on this Website, whether of MIB’s or its licensors or its affiliates or any third party.
11.2 Copyrights:
(a) The works of authorship contained in this Website including, but not limited to, all design, text including software (like software for the running of this website, and program codes which may execute on server or which may be embedded or downloadable from individual pages on this website), illustrations, images, pictures, graphics, video, sound and music collectively called “the Materials”, are owned, except where expressly stated otherwise by MIB or one of its affiliates or partners. Further MIB owns a copyright in the selection, co-ordination, arrangement and enhancement of the Materials (which shall be included in the “Materials” for the purpose of clauses dealing with IPRs and Disclaimers). This website including all components and Materials are protected by Indian and International Copyright Laws and International Treaties as a collective wok and/or as a compilation and/or as individual works.
(b) The Users shall not copy, reproduce, transmit, display, perform, distribute, rent, sub-lease, alter, store this Website Materials for subsequent use or otherwise use in whole or in part, in any manner, without prior express written permission of MIB, except to the extent it constitutes ‘fair use’ under the Indian Copyright Act, 1957. The User acknowledges that the User does not acquire any ownership rights by downloading any copyright protected Materials. Any rights not expressly granted in these terms are reserved.
12. BREACH/TERMINATION
12.1 Either MIB or the User may terminate this Agreement at any time. Without limiting the foregoing, MIB shall have the right to immediately terminate, temporarily or indefinitely suspend the User’s account privileges, issue a warning to a User, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services to a User, if MIB at its sole discretion, considers that the User has breached this Agreement in letter and spirits and/or MIB is unable to verify or authenticate any of the personal information or Content provided by the User and/or MIB believes that a User is acting or engaged in improper or fraudulent activity in connection with MIB or that such action of the User may cause legal liability or financial loss to MIB or its other Users.
13. DISCLAIMER, WARRANTIES AND LIABILITIES
13.1 Whilst MIB will endeavour to ensure that the information on MIB website is correct, due to the inherent hazards of electronic distribution of Material and other factors, there may be inaccuracies in such Materials in the MIB website as well. MIB, Users, Sellers, Service providers or technology partners provide this Website and facilities including “Order Placing Facility “as is” and without any warranty or condition, express or implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement in relation to any product. For the said reason, MIB does not also guarantee continuous, uninterrupted access to the Site, as the operation of the Site may be interfered by numerous factors outside MIB’s control.
13.2 MIB shall have absolutely no liabilities whatsoever nature arising out of or in connection with the usage of Materials and services/facilities on this website by Users or any other person, but not limited to, any liability for any damage or loss to bodily injury, computer hardware, data, information and/or business resulting from the Materials or the lack of Materials available on this Website or from any computer viruses, communication line failure.
13.3 MIB’s liability to Users or any third parties in any circumstances (if applicable) is limited to the greater of (a) the amount of fees the User pay to MIB in the 12 months prior to the action giving rise to liability, and/or (b) $100. Wherever the exclusion or limitation of incidental or consequential damages are not allowed, this clause will not be applicable.
13.4 The User agrees to indemnify and hold MIB and its parents, subsidiaries, affiliates, officers, partners, agents, employees, et c harmless from any claim or demand, including reasonable attorney fees, made by any third party/ies due to or arising out of the breach of this Agreement by you or the documents it incorporates by reference or your violation of any law or the rights of a third party.
14. MISCELLANEOUS
14.1 Legal Compliance/Taxes: The User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations as may be applicable regarding the use of the website and any MIB services with respect to User’s listing, purchase, solicitations of offers to purchase, and sale of items. In addition, the User shall be responsible for payment of taxes applicable from time to time on any purchases/sales made on the website, excluding taxes on MIB’s net income.
14.2 Entire Agreement: This Agreement together with the various Rules made for the governing of certain services on this Website and annexures/schedules thereto, constitutes the entire understanding of the parties with respect to the subject matter of this Agreement.
14.3 Severability: If any of the provisions of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable under any existing or applicable laws, such provisions would be deemed severed from the rest of this Agreement and the remainder of this Agreement or the application of such terms or provisions to persons or circumstances other than those as to which they are invalid or unenforceable, shall not be affected thereby, and each term and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
14.4 No Agency: The User and MIB are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
14.5 Good Faith: The User shall act in good faith in the performance of User’s obligations under this Agreement.
14.6 Notices: Except as explicitly stated otherwise, any notices shall be given by post to MIB: Attn: Legal Department Mibrand Overseas LLP in the case of MIB, or in User’s case to the email address provided by you to MIB (either during registration process). Notice shall be deemed served 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternately, MIB may give the User Notice by certified mail, postage prepaid and return receipt requested, to the address provided to MIB, in such a case notice shall be deemed given 3 days after the date of mailing.
14.7 General: The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment’s, software needed for access to and use of this Website, and all charges relating thereto. When you visit the Website or send emails to MIB or give MIB your feedback, the User understands that the User is communicating with MIB electronically/through electronic records and consent to receive communications from MIB through the said media. The User agrees that all agreements, notices, disclosures and other communications that the MIB provides the User electronically satisfy all legal requirements of adequate service of notice/electronic record.
This document is an electronic record in terms of Information and Technology Act, 2000 and Rules framed thereunder as applicable and the amended provisions pertaining to electronic records in various statutes from time to time. This Agreement is generated by a computer system and does not require any physical or digital signatures.
ANNEXURE 1 : ONLINE PAYMENT TERMS AND CONDITIONS
Online Payment system is provided by MIB on behalf of Users/Sellers. MIB may update and revise these terms and conditions from time to time and any changes will be effective immediately on being set out here. Please ensure You are aware of the current terms.
The Online Payment are processed through an online payment gateway system provided by Instamojo, who comply with the Payment Card Industry Data Security Standards (PCI DSS) for Credit Card data security and the payment mechanism shall be subject to the terms and conditions set out by Instamojo (http:://www.instamojo.com) Please read these terms carefully before using the online payment facility. Using the online payment facility on this Website indicates that you accept these terms. If you do not accept these terms, do not use this facility.
All payments are subject to the following conditions:
- Your payment instructions will be effected only after proper authentication in accordance with the procedures prescribed by the online payment facility.
- Your payment will be normally credited to the Seller account to which you are making payment within 5 working days from the date of product delivery.
- Neither MIB nor the Seller will accept any liability if payment is refused or declined by the Credit/Debit Card supplier/Service Provider for any reason.
- If the Card supplier/service provider declines payment for any reason whatsoever, MIB or the Seller is under no obligation to bring this fact to your attention or deliver the product/s. You should check with your bank/credit/debit card supplier that requisite payment has been deducted from your account for credit to the account of the Seller.
- MIB and/or Seller shall not be liable to the User for any injury or damage caused by way of failure of performance, delay in processing or transmission, error, interruption, communication line failure etc. whilst using the on-line payment facility, whether in contract, negligence or under any other legal theory/cause of action whatsoever.
- In no event will MIB or Seller be liable for any damage whatsoever arising out of the use, inability to use, or the results of use of this online payment facility, any website linked to this MIB website for use of the online payment facility, failure of internet facility, server or on account of computer virus or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of any such damages.
- Refunds, if applicable will only be made on the debit/credit card or bank account used for payment for the original transaction.
- Your use of this service is at your sole risk, and the online payment facility is entitled, in its sole discretion, to refuse to comply with any of your instructions without assigning any reasons. Further the online payment facility reserves the right to charge and recover certain fees for the use of its services.
- Although adequate security measures are adopted, MIB and or Seller shall not be responsible for any unauthorized access to the service or your account.
For more details on Products and services please read our Terms of Use and Notices.