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TermsAndConditions.html
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<!DOCTYPE html>
<html lang="en" class="no-js">
<head>
<meta charset="utf-8" />
<title>Inessa Technologies Pvt. Ltd</title>
<meta name="description" content="">
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<img src="images/inessa-logo.png" alt="Logo" class="mega-white-logo" />
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<section class="breadcrumb-area banner-1" data-background="images/inner-banner.jpg">
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<ul>
<li><a href="index.html">Home</a></li>
<li><a href="#">Terms and Conditions</a></li>
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<div class="bread-title">
<h2>Terms and Conditions</h2>
</div>
</div>
</div>
</div>
</div>
</div>
</section>
<section class="about-agency pad-tb block-1 te-c">
<div class="container">
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<div class="pvcpolcy">
<h4 class="mb10">Personal Information</h4>
<p>"MIHY" is a trademark of Inessa Technologies Private Limited (hereinafter the “Company”), a
company incorporated under the Companies Act, 2013 with its registered office at Sy No
78,87,89,91,9 Patelguda Patancheru Medak Telangana India-502319. The domain name
inessa.co.in is owned by the Company.</p>
<p>It is strongly recommended that you read and understand these ‘Terms of Use/ Terms and
Conditions’ carefully, as by accessing this site or any of MIHY’s or it’s brand mobile
applications (hereinafter the “Marketplace”), you agree to be bound by the same and
acknowledge that it constitutes an agreement between you and the Company (hereinafter the
“User Agreement”). If you do not agree with this User Agreement, you should not use or
access the Marketplace for any purpose whatsoever.</p>
<p>This document is published in accordance with the provisions of Rule 3 of the Information
Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from
time to time by the Company without notice. It is therefore strongly recommended that you
review the User Agreement, as available on the Marketplace, each time you access and/or use
the Marketplace.</p>
<p>The terms ‘visitor(s)’, ‘user(s)’, Customer(s), Consumer(s), ‘you’ hereunder refer to the
person visiting, accessing, browsing through and/or using the Marketplace at any point in
time.</p>
<p>Should you have any clarifications regarding the Terms of Use, please do not hesitate to
contact us at [email protected].</p>
<p><strong>Services Overview</strong></p>
<p>Marketplace Ordering:</p>
<p>The Marketplace is a platform for consumers to transact with third party sellers/ merchants/
retailers, who have been granted access to the Marketplace to display their store details,
products and offers either for sale through the marketplace or only to display to customers
to purchase physically from their store. For abundant clarity, the Company does not provide
any services to users other than providing the Marketplace as a platform to transact at
their own cost and risk, and other services as may be specifically be notified in writing.
</p>
<p>The Company is not and cannot be a party to any transaction between you and the third party
sellers, or have any control, involvement or influence over the products purchased by you
from such third party sellers or the prices of such products charged by such third-party
sellers. The Company therefore disclaims all warranties and liabilities associated with any
products offered on the Marketplace.</p>
<p>Services on the Marketplace are available to only select geographies in India and are subject
to restrictions based on business hours and days of third-party sellers.</p>
<p>Transactions through the Marketplace may be subject to a delivery charge or any other charges
that would be communicated to you (the customer) during checkout.</p>
<h4 class="mb10">Online ordering and Financial Terms</h4>
<ul class="mt10 list-style-">
<li>The Platform allows you to place orders from a various retailers/ partners and we will,
subject to the terms and conditions set out herein.</li>
<li>All deliveries unless specified otherwise will be handled by the retailer and not MIHY.
MIHY does not own, sell, resell on its own and/or do not control the Merchants/ Retailer
or the related services provided in connection thereof. You understand that any order
that you place shall be subject to the terms and conditions set out in these Terms of
Use including, but not limited to, product availability and delivery location
serviceability.</li>
<li>As a general rule, all orders placed on the Platform are treated as confirmed.
However, upon your successful completion of booking an order, we may call you on the
telephone or mobile number provided to confirm the details of the order, the price to be
paid and the estimated delivery time. For this purpose, you will be required to share
certain information with us, including but not limited to (i) your first and last name
(ii) mobile number; and (iii) email address. It shall be your sole responsibility to
bring any incorrect details to our attention.</li>
<li>In addition to the foregoing, we may also contact you by phone and / or email to inform
and confirm any change in the order, due to availability or unavailability or change in
price of the order as informed by the Merchant. Please note change or confirmation of
the order shall be treated as final. It is clarified that MIHY reserves the right to not
to process your order in the event you are unavailable on the phone at the time we call
you for confirming the order and such event the provisions of the cancellation and
refund policy below shall be applicable.
All payments made against the purchases/services on the Platform by you shall be
compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not
facilitate transactions with respect to any other form of currency with respect to the
purchases made on Platform. You can pay by (i) credit card or debit card or net banking;
(ii) any other RBI approved payment method at the time of booking an order; or (iii)
credit or debit card or cash at the time of delivery. You understand, accept and agree
that the payment facility provided by MIHY is neither a banking nor financial service
but is merely a facilitator providing an electronic, automated online electronic
payment, receiving payment on delivery, collection and remittance facility for the
transactions on the Platform using the existing authorized banking infrastructure and
credit card payment gateway networks. Further, by providing payment facility, MIHY is
neither acting as trustees nor acting in a fiduciary capacity with respect to the
transaction or the transaction price.</li>
<li>You acknowledge and agree that we act as the Merchant’s payment agent for the limited
purpose of accepting payments from you on behalf of the Merchant. Upon your payment of
amounts to us, which are due to the Merchant, your payment obligation to the Merchant
for such amounts is completed, and we are responsible for remitting such amounts, to the
Merchant. You shall not, unless for Cash on delivery orders, make any payment directly
to the Merchant for Order bookings made using the Platform.</li>
<li>You agree to pay us for the total amount for the order placed by you on the Platform. We
will collect the total amount in accordance with the terms and conditions of these Terms
of Use and the pricing terms set forth in the applicable listing for the particular
Merchant. Please note that we cannot control any amount that may be charged to you by
your bank related to our collection of the total amount, and we disclaim all liability
in this regard.
In connection with your order, you will be asked to provide customary billing
information such as name, billing address and credit card information either to us or
our third-party payment processor. You agree to pay us for the order placed by you on
the Platform, in accordance with these Terms. You hereby authorize the collection of
such amounts by charging the credit card provided as part of requesting the booking,
either directly by us or indirectly, via a third party online payment processor or by
one of the payment methods described on the Platform. If you are directed to our
third-party payment processor, you may be subject to terms and conditions governing use
of that third party’s service and that third party’s personal information collection
practices. Please review such terms and conditions and privacy policy before using the
Platform services. Once your confirmed booking transaction is complete you will receive
a confirmation email summarizing your confirmed booking.</li>
<li>The final tax bill will be issued by the Merchant to the Buyer along with the order and
MIHY is merely collecting the payment on behalf of such Merchant. All applicable taxes
and levies, the rates thereof and the manner of applicability of such taxes on the bill
are being charged and determined by the Merchant. MIHY holds no responsibility for the
legal correctness/validity of the levy of such taxes. The sole responsibility for any
legal issue arising on the taxes shall reside with the Merchant.</li>
<li>The prices reflected on the Platform are determined solely by the Merchant and are
listed based on Merchant’s information. Very rarely, prices may change at the time of
placing order due to Merchant’s product pricing changing and such change of price are at
the sole discretion of the Merchant attributing to various factors beyond control.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some
technical issue, typographical error or product information supplied by Merchant be
incorrectly reflected and in such an event Merchant or MIHY may cancel such your
order(s).</li>
<li>The Merchant shall be solely responsible for any warrantee/guarantee of the products
sold to the customers and in no event shall be the responsibility of MIHY.</li>
<li>The transaction is bilateral between the Merchant and Buyer and therefore, MIHY is not
liable to charge or deposit any taxes applicable on such transaction.</li>
</ul>
<h4 class="mb10">Cancellations and Refunds</h4>
<ul class="mt10 list-style-">
<li>Once customer makes a purchase on the marketplace, ie. once order is placed,
irrespective, if the payment is made or not, the purchase cannot be modified, replaced,
or refunded.</li>
<li>MIHY is not liable to refund, replace, cancel any purchases and is solely up to the
merchant/ retailer’s discretion if they would accept any refunds for the products</li>
</ul>
<h4 class="mb10">Terms of service</h4>
<ul class="mt10 list-style-">
<li>You agree and acknowledge that we shall not be responsible for:
<ul class="mt10 list-style-">
<li>The services or goods provided by the Merchant</li>
<li>The Merchant’s services or goods not being up to your expectations or leading to
any loss, harm or damage to you.</li>
<li>The availability or unavailability of certain items; or</li>
<li>The Merchant serving the incorrect orders.</li>
</ul>
</li>
<li>The details of the products and price list available on the Platform are based on the
information provided by the Merchants and we shall not be responsible for any change or
cancellation or unavailability.</li>
<li>You may not be able to avail our Services if your delivery location is outside our
current scope of Service. We will keep you informed of the same at the time of
confirming your order booking.</li>
<li>You understand that delivery periods quoted to you at the time of confirming the order
is an approximate estimate and may vary. MIHY does not take responsibility for delivery
and this will be handled by the retailers.</li>
<li>You order will be only delivered to the address designated by you at the time of placing
the order on the Platform. We reserve the right to cancel the order, in our sole
discretion, in the event of any change to the place of delivery and you shall not be
entitled to any refund for the same.</li>
<li>You shall undertake to provide adequate directions, information and authorizations to
accept delivery. In the event of any failure to accept delivery, failure to deliver
within the estimated time due to your failure to provide appropriate instructions, or
authorizations, then such goods shall be deemed to have been delivered to you and all
risk and responsibility in relation to such goods shall pass to you and you shall not be
entitled to any refund for the same. Our decision in relation to this shall be final and
binding.</li>
<li>You understand that our liability ends once the order has place on any MIHY platform.
</li>
<li>Services provided
<ul class="mt10 list-style-">
<li>You confirm that we shall not be responsible for any deficiency in payment of
consideration payable towards the goods purchased from the Services.</li>
<li>Each purchase on the Service shall contain necessary instructions to redeem the
Services. The terms of the Services shall be governed by these Terms of Use and
any other terms as set out in such document confirm such sale of Service. You
shall not be entitled to receive any credit, refund or cash back for the value
of the goods sold if you fail to redeem the goods within the expiry date or in
accordance with the terms therein.</li>
<li>You agree and acknowledge that neither us nor the Merchant shall be liable in
the event of you failing to adhere to the Terms of Use.</li>
<li>You might be required to provide your credit or debit card details to the
approved payment gateways while making the payment. In this regard, you agree to
provide correct and accurate credit/ debit card details to the approved payment
gateways for availing the Services. You shall not use the credit/ debit card,
which is not lawfully owned by you, i.e. in any transaction, you must use your
own credit/ debit card. The information provided by you will not be utilized or
shared with any third party unless required in relation to fraud verifications
or by law, regulation or court order. You will be solely responsible for the
security and confidentiality of your credit/ debit card details. We expressly
disclaim all liabilities that may arise as a consequence of any unauthorized use
of your credit/ debit card.</li>
</ul>
</li>
<li>We constantly strive to provide you with accurate information on the Platform. However,
in the event of an error, we may, in our sole discretion, contact you with further
instructions.</li>
<li>If you use the Platform, you do the same at your own risk.</li>
<li>You agree that the Services shall be provided by us only during the working hours of the
relevant Merchants.</li>
</ul>
<h4 class="mb10">Loyalty, Membership & Discount Terms of service</h4>
<ul class="mt10 list-style-">
<li>By agreeing to these Terms and Conditions during Opt-in process, the Member confirms his
willingness to join the Program and his/her eligibility to be a Member in terms of these
Terms and Conditions and applicable Indian laws.</li>
<li>The Member further agrees to comply with the provisions of these Terms and Conditions
and all additions, modifications, and amendments hereto. Members on the DND list have
agreed to receive administrative MIHY communications with their explicit missed call
during opt in, as well as having been notified on opt out procedures immediately upon
enrolment.</li>
<li>The Member understands and agrees that by providing his/her contact information such as,
but not limited to, phone number, physical address and email address, MIHY reserves the
right to communicate its Program and promotional offers through these channels and any
other information offered as a part of enrolment process. The members understand and
agree to receive Program-related updates and other Administrative and Promotional
Communication through these communication mediums. Membership in MIHY is
non-transferable under any circumstances.</li>
<li>The Member also agrees to provide any further information requested by MIHY as and when
communicated by MIHY, and to comply with all directions, guidelines, instructions, etc
issued by MIHY relating to any/all matters connected to the services of MIHY.</li>
<li>The Member agrees that all the information supplied to MIHY is true and correct and the
Member shall be solely responsible and liable if the same is found incorrect. The Member
is required to inform MIHY of all changes in contact details through the MIHY helpline.
If a Member fails to provide the change of address information immediately, MIHY or its
Authorized Retailers or its Suppliers will not be responsible for any delay in delivery
of the products/ services or Rewards ordered by the Member.</li>
</ul>
<h4 class="mb10">Points</h4>
<ul class="mt10 list-style-">
<li>Member shall be solely responsible for the management of all Points accumulated,
outstanding or accrued, to such Member’s Membership Account.</li>
<li>A member can earn points by shopping at any of MIHY’s Authorized Retailer / Retail
partners, that are explicitly running the loyalty program.</li>
<li>A member can also earn points from MIHY on completion of particular activities as an
incentive</li>
<li>The Membership Account and Points are not a payment medium or payment instrument. Points
are non-negotiable, non-redeemable and non-exchangeable for cash or credit. These Points
cannot be used again once redeemed.</li>
<li>When a Member seeks to use or obtain any of the services, benefits, facilities and
arrangements as offered by MIHY Authorized Retailers, the provisions of such services,
benefits, facilities or arrangements will be subject to the respective Terms and
Conditions of the Partner, being the provider of the said benefits, facilities and
arrangements.</li>
<li>In case of a reversal of any Earn Activity, Points credited to the MIHY Membership
Account, as a result, will be deducted from the accrued Points balance.</li>
<li>Points may be earned only as per the terms determined by Authorized Retailers/
Merchants/ Retailers and as agreed to by MIHY either in their physical stores or via the
MIHY app. More specifically, certain Earn Activities may receive more or less Points.
Exclusions may be posted or noted at point of sale.</li>
<li>MIHY and its Authorized Retailers reserve the right to change the Points earn rate per
Earn Activity.</li>
<li>No Points will be provided for Earn Activities retroactively unless otherwise specified
by MIHY.</li>
<li>Points are calculated by rounding down the transaction value to the nearest integer that
merits a full Point denomination as determined by MIHY. These Points are accrued in
whole. Members will not be awarded Points in fractions.</li>
<li>MIHY can at any time without intimation to the Members, add and / or remove Authorized
Retailers or Earn Activities.</li>
<li>All Point dispute complaints older than fourteen (14) Working Days from the date of the
Earn Activity will not be entertained. The Member must provide proof of Earn Activity to
register any Point dispute.</li>
<li>Authorized Retailers may change any of the Terms and Conditions of their business at any
time without giving notice to Members. MIHY is not responsible for informing Members of
the aforementioned changes. MIHY has no liability for the acts and omissions of
Authorized Retailers.</li>
<li>On receipt of the Redemption request, Points will be deducted from the accumulated
Points from the Membership Account. Once the Redemption request is placed and the Member
receives the Redemption confirmation via mobile, the request cannot be canceled or
refunded.</li>
<li>The respective Authorized Retailers are responsible for the Points issued under this
Program and in the event of any of them going into liquidation or non-payment for these
Points or any similar event, MIHY shall not be liable to honor Points which have been
credited to the Membership Account and are yet to be redeemed, but have not been fully
funded by the Partner as on that date. In such an event, such Points will be removed
from the Membership Account without prior intimation.</li>
<li>Authorized Retailers are responsible for informing MIHY of Points to be credited to a
Member’s Membership Account. MIHY shall not be responsible for any failure, delay or
error by a Partner to inform MIHY of Points to be credited to a Member’s MIHY Membership
Account.</li>
<li>Points can only be earned, held, or redeemed as set out in these Terms and Conditions.
Any other use, award, sale, exchange or transfer of Points, or any attempt to do so, is
a breach of these Terms and Conditions and may result in a Member’s MIHY Membership
Account being closed and any outstanding Points being forfeited.</li>
</ul>
<h4 class="mb10">Redemption</h4>
<p>Redemption of Points is subject to MIHY approval and is guided by:</p>
<ul class="mt10 list-style-">
<li>Restrictions imposed by any Supplier of the Reward.</li>
<li>Specific Terms and Conditions may exist for certain Rewards, which will be provided at
time of Redemption or upon request to the MIHY helpline.</li>
<li>Whenever deemed necessary, MIHY may, without notice, cancel the Reward order or
substitute the Reward with another of comparable nature and value, as determined by
MIHY.</li>
<li>The Points accrued can only be redeemed by the primary relationship-holder.</li>
<li>Redeemed Rewards will be delivered through the relevant channels with information
provided during enrolment unless updates are provided to MIHY via helpline or occasional
information update communications.</li>
<li>The redemption value of each point is determined by MIHY and MIHY has the right to
change this at any points without any written notice.</li>
</ul>
<h4 class="mb10">Point Expiry</h4>
<ul class="mt10 list-style-">
<li>Points once earned could expire within a particular variable timespan, this information
will be made clear in the member’s account</li>
<li>Points once expired cannot be renewed or reactivated under any circumstance</li>
</ul>
<h4 class="mb10">Eligibility</h4>
<p>Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872
including minors, un-discharged insolvents etc. are not eligible to use/access the
Marketplace.</p>
<p>However, if you are a minor, i.e. under the age of 18 years, you may use/access the
Marketplace under the supervision of an adult parent or legal guardian who agrees to be
bound by these Terms of Use. You are however prohibited (even under provision) from
purchasing any product(s) which is for adult consumption, the sale of which to minors is
prohibited.</p>
<p>The Marketplace is intended to be a platform for consumers desirous of purchasing product(s)
for domestic self-consumption. If you are a retailer, institution, wholesaler or any other
business user, you are not eligible to use the Marketplace to purchase products from
third-party sellers, who have been granted access to the Marketplace to display and offer
their products for sale through the Marketplace.</p>
<p>The Company, in its sole discretion and without liability, reserves the right to terminate or
refuse your registration, or refuse to permit use/access to the Marketplace, if: (i) it is
discovered or brought to notice that you do not conform to the eligibility criteria, or (ii)
the Company has reason to believe (including through evaluating usage patterns) that the
eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this
User Agreement.</p>
<p>In order to determine compliance with eligibility criteria, the Company inter alia uses an
algorithm and/or pre-determined criteria based technology and accordingly, from time to
time, your usage may be restricted or blocked on account of overlap with such algorithms/
pre-determined criteria. In such cases, if you are a genuine user of the Platform, please
contact us for assistance.</p>
<h4 class="mb10">License & Access</h4>
<p>The Company grants you a limited sub-license to access and make personal use of the
Marketplace, but not to download (other than page caching) or modify it, or any portion of
it, except with express prior written consent of the Company. Such limited sublicense does
not include/permit any resale or commercial use of the Marketplace or its contents; any
collection and use of any product listings, descriptions, or prices; any derivative use of
the Marketplace or its contents; any downloading or copying of information for the benefit
of another third party; or any use of data mining, robots, or similar data gathering and
extraction tools. The Marketplace or any portion of the Marketplace may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without express prior written consent of the Company. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of the Marketplace or of the Company and/or its
affiliates without the express prior written consent of the Company. You may not use any
meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the
express prior written consent of the Company. You shall not attempt to gain unauthorized
access to any portion or feature of the Marketplace, or any other systems or networks
connected to the Marketplace or to any server, computer, network, or to any of the services
offered on or through the Marketplace, by hacking, ‘password mining’ or any other
illegitimate means.</p>
<p>You hereby agree and undertake not to host, display, upload, modify, publish, transmit,
update, or share any information</p>
<ul class="mt10 list-style-">
<li>belongs to another person and to which you do not have any right.</li>
<li>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.</li>
<li>harms minors in any way.</li>
<li>infringes any patent, trademark, copyright or another proprietary/intellectual property
rights.</li>
<li>violates any law for the time being in force.</li>
<li>deceives or misleads the addressee about the origin of such messages communicates any
information which is grossly offensive or menacing in nature.</li>
<li>impersonates another person.</li>
<li>contains software viruses or any other computer code, files or programs designed to
interrupt, destroy, or limit the functionality of any computer resource.</li>
<li>threatens the unity, integrity, defense, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the commission of
any cognizable offense or prevents investigation of any offense or is insulting any
other nation.</li>
<li>is misleading or known to be false in any way.</li>
</ul>
<p>Any unauthorized use shall automatically terminate the permission or sub-license granted by
the Company.</p>
<h4 class="mb10">Account & Registration Obligations</h4>
<p>All users must register and log in for placing orders on the Marketplace. You must keep your
account and registration details current and correct for all communications related to your
purchases from the Marketplace. By agreeing to the Terms of Use, the user agrees to receive
promotional communication and newsletters from the Company and its partners. The user can
opt out from such communication and/or newsletters either by or by contacting the customer
services team of Marketplace and placing a request for the same.</p>
<p>As part of the registration process on the Marketplace, the Company may collect the following
personally identifiable information about you, including but not limited to Name , email
address, age, address mobile phone number and other contact details, demographic profile
(like your age, gender, occupation, education, address etc.) and information about the pages
on the Marketplace you visit/access, the links you click on the Marketplace, the number of
times you access a particular page/feature and any such information. Information collected
about you is subject to the Privacy Policy of the Company
https://inessa.co.in/PrivacyPolicy.html, which is incorporated in these Terms of Use by
reference.</p>
<h4 class="mb10">Pricing</h4>
<p>The Company aims to ensure that prices of all products offered for sale are true and correct.
However, from time to time, the prices of certain products may not be current or may be
inaccurate on account of technical issues, typographical errors or incorrect product
information provided to the Company by third-party seller. In each such case,
notwithstanding anything to the contrary, the Company reserves the right to cancel the order
without any further liability.</p>
<p>Subject to the foregoing, the price mentioned at the time of ordering a product shall be the
price charged at the time of delivery, provided that no product offered for sale on the
Marketplace will be sold at a price higher than its MRP (Maximum Retail Price).</p>
<h4 class="mb10">Disputes</h4>
<p>MIHY is indemnified from any claim of personal loss, physical damage, gross negligence, or
willful misconduct arising out of any activity or accident affiliated with this Agreement.
Member shall reimburse MIHY for any costs, including but not limited to, reasonable
attorney’s fees incurred in defense against any such claim. In no event should MIHY be
liable to Member for any damages which have occurred through no fault of their own.</p>
<h4 class="mb10">Indemnification</h4>
<p>You agree to defend, indemnify and hold harmless MIHY, its subsidiaries, affiliates,
subcontractors, officers, directors, employees, consultants, representatives and agents,
from and against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
</p>
<ul class="mt10 list-style-">
<li>(a) Your use of and access to our Platforms in a manner except as permitted herein.</li>
<li>(b) Your violation of any of these Terms or any applicable law.</li>
<li>(c) Your violation of any third party right, including without limitation any copyright,
property, or privacy right; or</li>
</ul>
<p>This indemnification obligation will survive the termination of Your account or use of
services and the App.</p>
<h4 class="mb10">Governing Law</h4>
<p>The laws of India will govern these Terms and Conditions and the same shall be subject to the
exclusive jurisdiction of the courts at the location at which the relevant center is
located. The Members agrees and accepts that it shall not raise any disputes in respect to
the Terms and Conditions in any other courts except such courts that are located in the
relevant center is located.</p>
<p>Any dispute or difference whatsoever arising between the parties arising out of or in
relating to the construction, scope, operation or effect of these Terms and Conditions,
including any question regarding their existence, validity or termination, shall be settled
by negotiation in the first instance, and if that fails, it will be referred to and settled
by arbitration in Mumbai in accordance with the Indian Arbitration and Conciliation Act,
1996 and the award made in pursuance, thereof ,shall be binding on the parties. The number
of arbitrators shall be one and he / she will be approved by mutual consent. The language of
the arbitration shall be in English.</p>
<h4 class="mb10">Disclaimer</h4>
<p>THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY
OPERATIONAL.</p>
<ul class="mt10 list-style-">
<li>DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE
TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES,
THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM
OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT
THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.</li>
<li>WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY
UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.</li>
<li>YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE
FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN
ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE
AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY
THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING,
AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT
EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND
CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / MERCHANTS SERVICES.</li>
<li>MIHY DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF THE FOOD SAFETY
AND STANDARDS ACT, 2006 AND APPLICABLE RULES AND REGULATIONS MADE THEREUNDER AND SUCH
LIABILITY SHALL BE ATTRIBUTABLE TO THE MERCHANT.</li>
<li>THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE
NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY,
EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE
INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY
USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF
USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS
OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS
WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND
EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.</li>
<li>WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR
RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR
EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.</li>
<li>IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM
PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR
MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.</li>
</ul>
<h4 class="mb10">Intellectual property</h4>
<p>We are either the owner of intellectual property rights or have the non-exclusive, worldwide,
perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to
exercise the intellectual property, in the Platform, and in the material published on it.
</p>
<ul class="mt10 list-style-">
<li>You may print off one copy, and may download extracts, of any page(s) from the Platform
for your personal reference and you may draw the attention of others within your
organization to material available on the Platform.</li>
<li>You must not modify the paper or digital copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations, photographs, video or
audio sequences or any graphics separately from any accompanying text.</li>
<li>You must not use any part of the materials on the Platform for commercial purposes
without obtaining a license to do so from us or our licensors.</li>
<li>If you print off, copy or download any part of the Platform in breach of these Terms of
Use, your right to use the Platform will cease immediately and you must, at our option,
return or destroy any copies of the materials you have made.</li>
</ul>
<h4 class="mb10">Treatment of information provided by you</h4>
<p>We process information provided by you to us in accordance with our Privacy Policy.</p>
<h4 class="mb10">Third Party Content</h4>
<p>We cannot and will not assure that other users are or will be complying with the foregoing
rules or any other provisions of these Terms of Use, and, as between you and us, you hereby
assume all risk of harm or injury resulting from any such lack of compliance.</p>
<p>You acknowledge that when you access a link that leaves the Platform, the site you will enter
into is not controlled by us and different terms of use and privacy policy may apply. By
assessing links to other sites, you acknowledge that we are not responsible for those sites.
We reserve the right to disable links to and / or from third-party sites to the Platform,
although we are under no obligation to do so.</p>
<h4 class="mb10">Severability</h4>
<p>Each of the provisions of these Terms and Conditions is severable and distinct from the
others and, if at any time one or more of such provisions is or becomes illegal, invalid or
unenforceable in any respect under law, the legality, validity or enforceability of the
remaining provisions shall not be affected in any way.</p>
<h4 class="mb10">IP Notice and Take Down Policy</h4>
<p>MIHY has put in place IP Notice and Take Down Policy (“ Take Down Policy”) so that
intellectual property owners could easily report listings that infringe their right to
ensure that infringing products are removed from the site, as they erode Buyer and good
Seller trust.</p>
<p>Only the intellectual property rights owner can report potentially infringing products or
listings through Take Down Policy by way of Notice of infringement in the specified format.
If you are not the intellectual property rights owner, you can still help by getting in
touch with the rights owner and encouraging them to contact us.</p>
<p>(Note: MIHY does not and cannot verify that Merchants have the right or ability to sell or
distribute their listed products. However, MIHY is committed ensure that item listings do
not infringe upon intellectual property rights of third parties once an authorized
representative of the rights owner properly reports them to MIHY.)</p>
<p><strong>Contact Us:</strong></p>
<p>Please contact us for any questions or comments (including all inquiries unrelated to
copyright infringement) regarding this Platform.</p>
<p>In accordance with Information Technology Act, 2000 and rules made there under, the name and
contact details of the Grievance Officer are provided below:</p>
</div>
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