Website Policy
Welcome to MKT-R, your go-to destination for all your hotel & restaurant packaged food products and raw material needs ! As the driving force behind this innovative E-commerce platform, MKT SYNC TECHNOLOGIES PVT LTD is thrilled to present a convenient space where hoteliers can effortlessly browse and purchase high-quality packaged food & raw materials essential for their establishments. Our user-friendly website and mobile app provide a plethora of features, allowing users to explore a wide range of products, place orders seamlessly, and engage with fellow industry professionals.
As the masterminds behind this groundbreaking initiative, MKT SYNCTECHNOLOGIES PVT LTD proudly takes on the roles of creator, owner, and curator of our Online Platform. Operating under the distinguished banner of MKT-R, our platform seamlessly integrates third-party advertisements, It's important to note that the services offered through our Online Platform may undergo periodic updates, modifications, or deletions at the discretion of MKT SYNC TECHNOLOGIES PVT LTD. We are dedicated to continuously elevating your market place experience, ensuring it remains dynamic, engaging, and tailored to your evolving interests. Welcome aboard the journey of exploration with MKT-R
Kindly note that the offerings on our Online Platform are subject to periodic modifications, deletions, or updates at the discretion of MKT SYNC TECHNOLOGIES PVT
LTD. Our unwavering commitment is to consistently elevate your digital travel experience, ensuring it stays dynamic, captivating, and aligned with your evolving interests. Embark on a thrilling journey of exploration with MKT-R—welcome aboard!
Please read the Terms and Conditions set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. The Privacy Policy shall constitute a part of these Terms and Conditions. Terms
and Conditions together with the Privacy Policy is hereinafter collectively referred to as the Terms.
If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement between the MKT-R and you in connection with your use of the Online Platform,
as defined below. For any concerns, you can contact our grievance officer at [email protected]
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in
accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of this Website (“Platform”).
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non- transferable, limited privilege to access and use the services.
In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.
IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES,
REFERENCES TO:
“Buyer”, shall mean a User who has agreed to become a buyer by using the Services to place an order for Samples or Products;
“Products” shall mean products listed on the Website /App by Brand Owners as a part of the Services, for purchase by Buyers;
“Samples” shall mean products listed on the website by Brand Owners as a part of the Products, to represent then actual product;
“Brand Owners” shall mean a user who has executed a Terms of Trade with us for the listing of products produced by them on the website, to be offered for sale or made available for purchase or for delivery and who has agreed to register on the website as a seller for this purpose;
“We”, “we”, “Us”, “us” or “MKT-R”, shall mean MKT SYNC TECHNOLOGIES PVT LTD, its affiliates, permitted assigns and partners, and the terms “Our” and
“our” shall be construed accordingly; and
“You”, “you”, “User” or “user”, shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the website, or using the website or the Services offered through the website, by providing some
personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number and email while registering on the website (“Registration Data”), and the terms “Your” and “your” shall be construed accordingly.
APPLICABILITY OF TERMS:
By accessing and/or using all or a portion of the Services, You acknowledge and
agree that:
You have read and understood the Terms;
The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;
Written approval is not a prerequisite to the validity or enforceability
of the Terms.
The Terms are governed by and comply with the provisions of applicable Indian
law, including but not limited to:
The Indian Contract Act, 1872;
The (Indian) Information Technology Act, 2000;
Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009;
Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules 2009;
The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology
(Intermediaries Guidelines) Rules, 2011 (the “IG Rules”);
The orders, rules, regulations, guidelines, notifications and clarifications issued by any legislative, regulatory or governmental
authority at central, state or local level.
MODIFICATION OF TERMS
The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time. Such changes shall be notified on the Platform. You are advised to read the Terms regularly. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. Your continued use of the Online Platform following any such modification constitutes your
agreement to follow and be bound by the Terms so modified. If you do not agree to any changes in the Terms as they may occur, your
continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for
any modification of the Terms or termination of your access to the Services except as specifically set forth herein.
These Terms allows the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the Platform, the Services.
CONDITIONS OF USE
You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.
The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS
notifications, OTPs, email address, QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense or damage incurred by you as a result of you accessing the platform and utilizing its services via access links, SMS notifications, OTPs, email address, QR codes etc. which have not been delivered to you personally by the Company.
If you are using the Platform and/ or our services, on and behalf of a company/ corporation/ business entity, You represents and warrant that the Use of our Services/ Platform and the consummation of the transactions in our Platform have been duly authorized by all necessary action of the respective entity and that the person using our Platform on its behalf has the full capacity to bind that entity.
You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing etc.
You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person's use of the Services.
For the purpose of the Terms, "Software" means (i) the server, platform and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user-visible functions, all updates, upgrades, patches, maintenance
releases and bug fixes and all documentation relating to any of the foregoing.
REGISTRATION
To fully avail the Services of the Website, registration is required. You are required to create a profile for Yourself by providing the following information which inter alia includes 1.Name 2. Name of Business Establishment. 3. Phone Number. 4 GST Number of Business Establishment. 5. PAN of Business Establishment. 6. FSSAI Certifiate . Users who register with us can purchase the listed Products and avail the Services of the Website/App. The Website/App offers the Users an option of signing up through other third-party social networking sites, including but not limited to Gmail, etc. Upon such signup, our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name and gender, and all such information is stored in Our system. Users who do not want to register with Us can check out as a guest and purchase the Products.
5.2 Information collected about you is subject to our Privacy Policy, which is incorporated in these Terms of Use by reference. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done
by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
By using this Website and providing your contact information to us through the Website, you hereby agree and consent to receiving calls, autodialled and/or pre- recorded message calls, e-mails and SMSs from us and/or any of its affiliates or partners at any time, subject to the Policy. In the event that you wish to stop receiving any such marketing or promotional calls / email messages / text
messages, you may send an e-mail to the effect tov email . You agree and acknowledge that it may take up to seven (7) business days for us to give effect to such a request by the you.
LIMITED USE
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permitted provided that MKT-R name is stated as the source and prior written permission of MKT-R is
sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.
Throughout these Terms, MKT-R prior written consent means a communication issued by MKT-R legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
DISCLAIMERS
You shall store and use all products in accordance with usual and reasonable standards of storage and use of such products and in accordance with the instructions on their packaging or instructions received from the Company and/or brand that manufactures and sells that product, if any.
You acknowledge and agree that Product is ordered by you at your own risk. The Company has no knowledge of your medical or health conditions that would make the Products unsuitable for your use and consumption. You shall assume all responsibility for such use. The Company shall in no manner be liable for any allergies, medical conditions, risk to life or limb as a result of your use and
consumption of Products
You acknowledge and agree that the contents of Products are not manufactured by MKT-R in its own name, and MKT-R does not have any rights or title to such contents, except for the right to market and deliver the same to you.
You further acknowledge that the products are third party products, and in case of any dispute with respect to these contents, including but not limited to their quality, quantity, appearance, size, taste, usage, shall be directed by you to the
Brand Owners.
While the Company endeavors to include only quality products, the Company gives no warranty of fitness for the purpose of any of the products. This disclaimer of warranty shall particularly apply to taste, color, appearance, size, quantity or suitability for a particular purpose of such contents.
You understand and acknowledge that the Products as displayed on the Platform, including any graphical representations of its packaging, color, design, use, appearance, quantity, size, and illustrations are indicative only and may differ from the actual items received.
The Services are provided on an "as is," "as available" basis. The Company makes no representations or warranties of any kind with respect to the Services provided by the Company. The Company assumes no liability or responsibility for any errors or omissions in providing the Services or any losses or damages arising from the use of the Services.
The Company expressly disclaims all representations and warranties relating to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement, that the Services will function without interruption or errors in functioning, that there will not be disturbances related to internet service providers, cellular service providers, and cellular network operators or saturation of the internet network and for any other reason, that any update will continue to be made available, that defects in the Services will be corrected, or that the Services will be compatible or
work with any third-party software, applications or third party services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. The Company disclaims all liability for damages
caused by any such interruption or errors in functioning.
The Company disclaims all liability and responsibility with respect to your use of the Platform and the Services, including but not limited to your use of third-party payment gateways, exposure of content to minors, security of devices used to access the Platform.
The Company takes all reasonable efforts to ensure that your use of the Platform is safe and is in line with safety and security practices for digital platforms. However, the Company in no way assumes responsibility for data safety and security practices and standards of any third-party service provider embedded in the Platform.
MKT-R disclaims all representations and warranties including but not limited with respect to accuracy, completeness, correctness, reliability, truthfulness, relevance of description of the products, other content or information, feedback, opinions, reviews, suggestions, recommendations that may be displayed on the Platform.
The maps utilized on this website are intended solely for general illustration purposes and should not be relied upon for reference or navigation. While we strive to provide accurate and up-to-date geographic information, the dynamic nature of maps may result in occasional inaccuracies or changes. Users are advised to verify any critical information independently and exercise caution when relying on the maps for specific purposes. We do not assume responsibility for any consequences arising from the use of the maps on this website for reference purposes.
External websites may collect data, use cookies, and embed third-party tracking. Visitor comments may be checked through an automated spam detection service. Public content is accessible to everyone. If you leave a comment, you may opt-in to save your name, email address, and website in cookies for one year. A temporary cookie is set on the login page to determine if your browser accepts cookies, which is discarded when you close your browser. Login cookies lasting for two days and screen options cookies for a year are set when you log in. Selecting "Remember Me" keeps your login persistent for two weeks. Logging out
removes login cookies. Editing or publishing an article sets an additional cookie indicating the post ID, which expires after 1 day. Articles on this site may include embedded content (videos, images, articles, etc.) that behaves similarly to if the visitor visited the other website. If you have an account or have left comments, you can request the erasure of your personal data, excluding data obligated to be kept for administrative, legal, or security purposes.
SHIPPING AND DELIVERY
CANCELLATION - After placing an order, if the you wish to cancel the order, the you shall send an email to [email protected] with order details that need to be cancelled with a reason. You can cancel your order online within 10 minutes of placing the order. In case the item You have ordered has been shipped but has not yet been delivered to You, is also considered sale and cannot cancel the
order.
The Product will be delivered to the address provided by you at the time of placing the order. Delivery of all orders will be duly done to the address as mentioned by you at the time of placing the order. Products are shipped between 8 AM to 8 PM All Days You are requested to enter the correct billing address and contact information. Make sure to also enter the correct shipping address (Street
number and name, City, State, and Zip Code) as We are not liable for packages that are sent to the wrong address when the address information is not entered correctly.The approximate delivery date and time for delivery of a particular Product shall be displayed on the Platform at the time of checkout or notified via SMS post completion of payment. Delivery dates and timings are subject to
factors such as location serviceability, availability of Products, logistical factors such as traffic, shipment and weather conditions, political disruptions, etc. and other unforeseen circumstances. 8.3 All Products are delivered by the Company via one or more third-party delivery services. If the Product is not delivered within the estimated delivery time frame quoted at the time of checkout, please contact us by email at [email protected]. The Company will, on a best effort basis, attempt timely delivery of your Product. In case of delay in delivery of Product, you shall be notified about the same via phone call, SMS, email or other electronic communication channels such as WhatsApp.
The Company via its third-party delivery agent, shall attempt delivery of the ordered Product on a maximum of three (3) occasions only. Any delay in delivery not attributable to you shall entitle you to cancel the Product and receive a full refund if applicable to your original source of payment.
The Shipping Minimum Time will be of 1 Hour & Maximum Will be of 2 Hours.
REFUNDS AND RETURNS
Goods once sold shall not be subject to return, except in cases of damages, packaging defects, quality discrepancies, or exceeding stipulated delivery times for each category/product. Returns must be initiated at the time of delivery exclusively. Acceptance of goods by the customer relinquishes the right to return, barring circumstances outlined herein. It is incumbent upon the customer to
inspect deliveries upon receipt and promptly report any discrepancies. By completing the purchase, customers affirm their understanding and acceptance of this return policy.
Any applicable refunds shall be permissible in the following circumstances only:
In the event of non-delivery of products resulting from an act or omission on the part of the Company and/or its designated delivery
agent;
In the event of unreasonable delays to the delivery time frame without prior intimation to you;
In the event that your address falls under a ‘non-delivery zone’ as categorized by the Company and we have received payment from you;
In the event of delivery of tampered and damaged packaging, incorrect or expired contents of Product, provided proof of such damage, expiry, tampering or incorrectness is provided by You. The Company may, in its sole discretion and based upon a range of factors, including but not limited to product availability, initiate a return and replacement process with respect to some or all of such Product received by you. However, the Company does not warrant replacement of goods.
No refunds or returns shall be processed in the following circumstances:
In the event of any variation in packaging, color, design, use, appearance, quantity, size from the products displayed on the Platform.
In the event of expiry, non-availability or non-applicability of offers, vouchers, discount coupons, competitions, loyalty points, etc.
In the event of returns request made by you, upon acceptance of the return products and approval of the return request by the Company, refunds shall be processed within a period of 30 (thirty) days from the date in which the product is received by the Company. The amount refunded to you will be net of the third party payment gateway charges charged on your Product.
In the event of a refund request made by you, the refund request shall be processed by the Company in 30 (thirty) days upon confirmation of refund by the company for the circumstances stated above.
You authorize the Company to contact you for further processing of any such request via the contact information provided by you during registration.
If the quality of any Products purchased or obtained by you through the Platform did not meet the Product specifications displayed on the Platform, no compensation will be given other than the return and refund or exchange of the Product as per these Terms. The Buyer cannot request compensation from MKT-R for any reason, including but not limited to: any variation in the finish or appearance of the final Product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a Product, including any reactions to skin or other body parts, missed opportunities to avail certain discounts; any issue with our delivery partners or their personnel, any voucher which got deactivated due to the end of
expiry date; unavailability of items which the Buyer tried to purchase, etc.
Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. MKT-R holds the rights to cancel orders and block accounts of such customers without any prior notice.
YOUR OBLIGATIONS
You agree and undertake that you are accessing the Website and transacting at your sole risk and are that you are using your best and prudent judgment before purchasing any Product listed on the Website or accessing/using any information displayed thereon.
You agree that they are solely responsible to us and to any third party for any breach of Your obligations under the Terms of Use and for the consequences including any loss or damage which we or our affiliates may suffer for any such breach.
You agree and acknowledge that we are not the manufacturer of the Products and the Website shall in no manner be deemed to be the manufacturer of the Products on this Website. We are only facilitating purchase of the Products by providing the Services to You.
You agree that we may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. 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.
You agree to use the Website and the Products provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.You agree to show a valid proof of ID and ID number in order to collect the goods delivered by the logistics partner.
You agree and understand that all items purchased from the Website are made pursuant to a shipment contract which means that the risk of loss and title for such items passed to you upon our delivery to the carrier.
REVIEWS, FEEDBACK AND DATA RETENTION
You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform relating to the Product purchased by you. It is up to your discretion for to submit the same.
You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions or reviews relating to Products purchased by you. You agree not to post or publish any content on the Online Platform that amounts to:
An infringement of any Company or third-party intellectual property or privacy rights.
A violation of applicable laws or regulations, including but not limited to the relevant rules under Information technology Act, 2000.
Defamation.
The Company may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinion, comments and feedback in accordance with these Terms. You agree to be contacted by the Company via telephonic or electronic communication for the purposes of obtaining feedback in relation to the Products purchased, dispute resolution, complaint resolution, any further information. The information or content provided by you may be used by the Company for business purposes, including but not limited to market research, consumer behaviors and profiling, data analytics, tracking market trends on an anonymized basis.
The Company is deemed to be a mere “intermediary” as defined under the
applicable laws with respect to publishing of any information and content on the
Platform and disclaims all responsibility and liability with respect to publishing of
your information and content. The Company is not liable to pay any consideration
to you for republishing or repeatedly publishing any information or content
provided by you on Platform.
The Company may retain such information and content provide by you on the
Platform for as long as necessary, depending on the type of information; purpose,
means and modes of usage of such information; and according to the Sensitive
Personal Information Rules.
We have no obligation to monitor the materials posted on the Website. We
shall have the right to remove or edit any content that in its sole discretion
violates, or is alleged to violate, any applicable law or either the spirit or letter of
these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY
RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON
THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We
assume or have any responsibility or liability for any Content posted or for any
claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all
necessary rights in and to all Content Which You provide and all information it
contains and that such Content shall not infringe any proprietary or other rights of
third parties or contain any libelous, tortuous, or otherwise unlawful information.
INTELLECTUAL PROPERTY RIGHTS
The Services and all processes, content including but not limited to any
feedback, ratings, suggestions, comments or reviews relating to the products or
use of Services provided by the Company, software, market data, research and
analyses, consumer insights, and methodologies, anonymized consumer profiling
data, know-how, packaging, appearance, style, designs, and trade secrets used by
the Company in creating and performing the Services and operating the Platform
as well as any related Intellectual Property rights throughout the world and all
modifications thereto and derivative works thereof developed solely by the
Company, or by or with the input of another party (the "Company Intellectual
Property") are protected by Indian copyright laws and other intellectual property
laws. They belong exclusively to the Company and may not be used or
reproduced by you without the express written permission of the Company.
The Company hereby reserves any and all rights in the Company Intellectual
Property. You agree that, you will not: (a) alter, modify, adapt, reverse engineer,
decompile, disassemble the products or services or hack the software, or create
derivative works from the Company Intellectual Property; (b) license, share,
resell, sell, or otherwise transfer the Company Intellectual Property or access to
such Company Intellectual Property to any third party; (c) reverse engineer,
decompile, disassemble, or otherwise attempt to derive the source code for the
Company Intellectual Property; (d) remove or alter any copyright or trademark
notices or other notices included in the Company Intellectual Property;
Your use of the Platform and the Services does not include an authority to
resell or commercially use the Platform, the Services and MKT-R or its
contents, product listings, description, packaging (including but not limited to
size, design, color, pattern), prices, images, texts, page layout, illustrations for the
benefit of another merchant, including but not limited to by way of data mining,
robot applications or data gathering and extraction tools. No part of the Services
and no part of Platform and its content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including “mirroring”) to any digital platform or any
other computer, server, application, website or other medium for publication or
distribution or for any commercial enterprise, without MKT-R express prior
written consent.
LIMITATION OF LIABILITY
Please read this section carefully as it limits the liability of MKT-R and its parents,
subsidiaries, affiliates, related companies, officers, directors, employees, agents,
representatives, partners, and licensors (collectively, the MKT-R ”). Each of the subsections
below only applies up to the maximum extent permitted under applicable law. Nothing in this
section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services or any Content are at your own risk.
You understand and agree that the Services are provided to you on an “AS IS”
and “AS AVAILABLE” basis without any representation or warranties, express
or implied except otherwise specified in writing. Without limiting the foregoing,
to the maximum extent permitted under applicable law, THE MKT-R
DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS
OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
Without prejudice to the foregoing, the MKT-R make no warranty or
representation and disclaim all responsibility and liability for: (i) the
completeness, accuracy, availability, timeliness, security or reliability of the
Services or any Content; (ii) any harm to your computer system, loss of data, or
other harm that results from your access to or use of the Services or any Content;
(iii) the deletion of, or the failure to store or to transmit, any Content and other
communications maintained by the Services; and (iv) whether the Services will
meet your requirements or be available on an uninterrupted, secure, or error-free
basis. No advice or information, whether oral or written, obtained from the
MKT-R or through the Services, will create any warranty or representation not
expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE MKT-R SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED
DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-
WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR
ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE
SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY
ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE
SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF
YOUR TRANSMISSIONS OR CONTENT.
THE MAXIMUM LIABILITY FOR ANY CLAIMS AGAINST THE
WEBSITE SHALL BE LIMITED SOLELY TO THE ORDER INVOICE
AMOUNT. THIS LIMITATION APPLIES EXCLUSIVELY TO THE
AMOUNT PAID BY THE USER AS INDICATED ON THE INVOICE,
AND EXCLUDES ANY OTHER CLAIMS OR LIABILITIES.
12.4 .IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MKT-R
EXCEED THE AMOUNT YOU PAID MKT-R , FOR THE PRODUCTS
GIVING RISE TO THE CLAIM.
THE MAXIMUM LIABILITY FOR ANY CLAIMS AGAINST THE WEBSITE
SHALL BE LIMITED SOLELY TO THE ORDER INVOICE AMOUNT. THIS
LIMITATION APPLIES EXCLUSIVELY TO THE AMOUNT PAID BY THE
USER AS INDICATED ON THE INVOICE, AND EXCLUDES ANY OTHER
CLAIMS OR LIABILITIES
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MKT-R
EXCEED ORDER INVOICE AMOUNT.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY
THEORY OF LIABILITY, WHETHER BASED ON WARRANTY,
CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, AND WHETHER OR NOT THE MKT-R HAVE BEEN
INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN
IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.
Nothing on the App constitutes, or is meant to constitute, advice of any kind.
All the Products sold through the Platform are governed by different state laws
and if the Brand Owner or MKT-R is unable to deliver such Products due to
implications of different state laws, the Brand Owner will return or will give
credit for the amount (if any) received in advance by Brand Owner from the sale
of such Product that could not be delivered to you.
INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its officers,
directors, employees and agents from any charges, complaints, damages, losses,
liabilities, costs and expenses (including attorneys' fees and expert fees) due to,
arising out of or relating in any way to any violation by you of the Terms,
including but not limited to obligations stated therein relating to representation,
warranty, intellectual property, access by minors, any applicable rule, regulation
or law, your access or use of the Services and the Platform.
FORCE MAJEURE
The Company will not be responsible for a breach of the Terms, damages,
losses, costs or expenses, caused by any failure or delay of performance of
Services and disruption to the Platform if such failure or delay is caused by an act
of war, floods, fires, inclement weather conditions, hostility, or sabotage, an act
of God, pandemics, lockdowns, Labour stoppages, an electrical, internet, cellular
network or telecommunication failure or power outage, government restrictions,
political strikes or another event outside the reasonable control of the Company.
INVALIDITY
If any provision of the Terms is held to be invalid or unenforceable in whole
or in part in any jurisdiction, then that provision shall be deemed ineffective in
such jurisdiction but shall have no effect on the enforceability of the remaining
provisions.
SEVERABILITY
In the event any provision of the Terms become void or unenforceable, it
shall not affect the validity of these Terms as a whole, and the unenforceable
provisions shall be severed and the remainder of the provisions of these Terms
shall continue in full force and effect.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed and interpreted by and construed in
accordance with the substantive Governing Law and subject to arbitration
provisions below, each party hereby irrevocably and finally submits to the
exclusive jurisdiction of the courts of BANGALORE, India thereto in respect of
any disputes, legal action or proceedings arising out of or in connection with the
Terms, interpretation, duties, performance, breach, etc. of these Terms.
Should any Dispute arise out of or in connection with these Terms, the Parties
hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not
resolved through amicable settlement within fifteen (15) days after
commencement of discussions or such longer period as the Parties mutually agree
in writing, then either Party may refer the Dispute for resolution by arbitration
according to the provisions of the Arbitration and Conciliation Act, 1996 (India)
or any statutory amendment or re-enactment thereof, or any statute enacted to
replace the same, for the time being in force. The arbitration shall be conducted
by a sole arbitrator appointed by mutual consent of the parties. The seat and
venue of arbitration shall be in Mumbai, India, and the language of the
proceedings shall be English.
The Award rendered in any arbitration commenced hereunder shall be final
and conclusive, and judgment thereon may be entered in any court having
jurisdiction for its enforcement. The Parties undertake to implement the
arbitration award. In addition, the Parties agree that no Party shall have any right
to commence or maintain a suit or legal proceeding concerning a Dispute
hereunder (other than for preventive or interlocutory relief pending completion of
the arbitration proceedings under these Terms) until the Dispute has been
determined in accordance with the arbitration procedure provided for herein and
then only for the enforcement of the award rendered in such arbitration. When
any Dispute is under arbitration, except for the matters under dispute, the Parties
shall continue to exercise their remaining respective rights and fulfil their
remaining respective obligations under these Terms.
GENERAL
The Company's failure to exercise or enforce any right or provision of the
Terms shall not be deemed to be a waiver of such right or provision. The
Company is excused for any failure to perform to the extent that its performance
is prevented by any reason outside of its control.
The Terms contain the entire agreement between the you and the Company
and supersedes all prior agreements between the Parties regarding the subject
matter contained herein, except as otherwise specifically noted herein.
In no event shall you seek or be entitled to rescission, injunctive or other
equitable relief, or to enjoin or restrain the operation of the Services or use of the
Platform.
You may not assign or delegate any rights or obligations under the Terms. Any
purported assignment and delegation shall be ineffective. The Company may
freely assign or delegate all rights and obligations under the Terms, fully or
partially, without notice to you.