Terms of Use

 

Terms and Conditions

Please read these terms and conditions (“Terms”) carefully before accessing or using the Platform (defined hereinafter). These Terms along with the Privacy Policy published on the Platform (“Privacy Policy”) and other policies (as may be notified/displayed/published on the Platform) constitutes the contract between the Users of this Platform and Company (collectively “Agreement”). By use of the Platform, Users agree to be bound by these Agreement as posted on the Platform from time to time.

 

1.  ABOUT THE TERMS

  • What is Mols and who operates it?

a.

Mols is an application which provides an online marketplace (“Application”) where registered suppliers (“Suppliers”) can offer to sell their products to registered users of Application including to resellers (“Resellers”), company and other Users.

 

b.

The Application and the website at mols.in (“Website”) (collectively, “Platform”) are operated by DHOONI, Kleverk Designs Pvt Ltd. (“Company”).

 

c.

The Company’s role is limited to the managing Application and associated marketing, facilitating payment collections, fulfilment, order management, enquiry management and other incidental services to enable the transactions between the Suppliers and  the Reseller (“Services”).

 

 

1.2  When are these Terms applicable and binding on User?

a.

The Agreement is applicable to any person when they install, download or even merely visit or access any part of the Platform or utilise the Services, such persons  are referred to as users, which include without limitation users who are browsers, Suppliers, Resellers, merchants, other purchaser or contributors of content (collectively, “User”).

 

b.

The Agreement between User and Company is effective on the date on which the Application is downloaded/Website is accessed and/or the date on which terms of Agreement are updated, creating a legally binding arrangement between the User and the Company.

 

1.3  Whether the terms of this Agreement can be modified?

a.

Users can review the most current version of the Agreement at any time on the Website. Company reserves the right to unilaterally update, change or replace any  part of the Agreement by publishing updates or changes on the Platform and such amended provisions of the Agreement shall be effective immediately upon being posted on the Platform.

 

 

 

b.

It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Application following the posting of any changes constitutes acceptance of those changes.

 

1.4  What if the terms of the Agreement are not acceptable to User?

a.

If the User does not agree with the terms of the Agreement, the User is advised to refrain from using the Platform. By accessing or using the platform, the user irrevocably accepts the Agreement and agrees to abide by the same (as updated from time to time).

 

2.  ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION

  • Does a User necessarily need to create an account on the Platform?

a.

Company does not permit Users to avail the Services on the Platform without prior registration. Users may access the Application by registering to create an account   and become a member. The membership is limited for the purpose of buying or selling products, is subject to this Agreement and strictly not transferable.

 

2.2  For the use of Platform, is a User subject to any eligibility criteria?

a.

The Services on the Platform shall be availed by User(s) who can form legally binding contracts under Indian Contract Act, 1872 and are at least eighteen (18) years of age.

 

b.

The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein. User(s) accessing or using the Platform represent and warrant that they have the right to access or use the Platform.

 

2.3  Are there any specific requirements for registering an account on Platform?

a.

The Users are required to enter a valid phone number while registering on Platform. By such registration, User consents to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for subscription/services/promotional updates etc. Users may ‘opt-out’ of such subscription/service/promotional updates either through the ‘opt out’ means provided or by writing to the support team.

 

b.

It is the responsibility of the Users to provide correct mobile number so that the Company can communicate with the Users via SMS. The Users understand and  agree that if the Company sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of data or blocked by the User’s service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.

 

c.

It is the User’s responsibility to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

 

2.4  Can User account registered on Platform be suspended or terminated?

a.

The Company reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Application including blocking any amounts due to the User and associated account without notice and the Users will remain liable for all amounts due up to and including the date of termination, if:

 

I.

any information provided during the registration process or thereafter proves  to be inaccurate, not current or incomplete; and/or

 

II.

in Company’s assessment, the User has:

 

charged an unreasonably high price;

 

unreasonable instances of returns and/or cancellations initiated;

 

engaged in actions that are fraudulent, negligent or derogatory to the Company’s interests.

 

failed or is suspected to have failed to comply with any term or provision of the Agreement or applicable law.

 

III.

User is found to be non-compliant with the Agreement.

 

b.

Further, where the violation of the Agreement gives rise to criminal or civil action, the Company may at its sole discretion pursue such action.

 

c.

Without prejudice to the above stated rights of the Company, in case of alleged fraud or other breach of this Agreement by User, Company may at its sole discretion (a) withhold all amounts payable to such User; and (b) impose penalties as the Company may reasonably determine and set off such penalties from the monies payable by Company to such User.

 

2.5  What are User obligations vis-à-vis its registered account on Platform?

a.

Having an account on the Platform gives authenticity to the actions of the User. It means that the User is solely responsible for all activities that occur under its account and that all transactions made by such User is intended for bona fide sale or consumption in the course of their business activities.

 

b.

Any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any

 

manner. Hence it shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company.

 

c.

User acknowledges and agrees that having an account on Platform does not grant it any rights on Platform not specifically granted to them by the Company, and that the User has no ownership or other interest in the account. The User understands that all rights in and to the account are and shall forever be owned by and inure to the benefit of the Company.

 

d.

On registration, the Users may receive a password protected account and an identification. The Users agree to:

 

I.

maintain the confidentiality of their password, if applicable;

 

II.

take full responsibility for all activities by Users accessing the Application through their account;

 

III.

immediately notify the Company of any unauthorised use of their account or any other breach of security that they become aware of; and

 

IV.

ensure that they exit from their account at the end of each session.

 

3.  PLACING ORDERS AND FINANCIAL TERMS

  • How does order placement work on the Platform?

a.

The Application allows Users to place orders for the products listed by Suppliers on Application and the Application, subject to Agreement herein, facilitates the placement of orders for the products by the Users.

 

b.

On receipt of an order from a User, Company shall send electronically a confirmation of such order to Supplier and the User concerned. Further, the Company may inform the User about the availability or unavailability or change in price of the order as informed by Supplier concerned, from time to time. Confirmation of the order by Supplier shall be treated as final.

 

c.

The Company does not own, sell or resell any products on its own and/or does not control the Suppliers and only facilitates the transaction between buyers and sellers including User and Supplier as a ‘marketplace’. Company makes all  reasonable efforts to promptly update the Users account and other information in order to assist facilitate the transaction completion. Hence, Users are required to provide current, complete and accurate purchase and account information for all purchases made at on the Application.

 

d.

Additionally, fulfilment of orders to their end users/consumers by Reseller shall be the responsibility of the Reseller inter se such end user/consumer. Any add-on service provided by Platform towards such order shall be provided merely as a service provider of such Reseller by the Platform and accordingly, Platform shall not have any privity of contract with such end user/consumer.

 

3.2  How are the commercial terms fixed on Application?

a.

All commercial/contractual terms of sale are offered by Suppliers and agreed to between Suppliers and the Users alone. The commercial/contractual terms include without limitation, price, date, period and mode of delivery, warranties related to products, etc. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Suppliers and the Users.

 

b.

Similarly in case of deliveries effected by Resellers using the Platform, the Platform only acts as a service provider for the Reseller facilitating delivery or other service related to an order. Company does not have any control nor does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between Reseller and its end user/consumer.

 

c.

Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated in the Application from time to time. The Company holds the right to change these policies as required in the Application without any permission from the Users.

 

3.3  How does payment and settlement of payment work on the Platform?

a.

The Users acknowledge and agree that the Company may, at the request of the Supplier or the Reseller, act as the payment agent for the limited purpose of accepting payments on behalf of such Suppliers and Resellers. The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third party payment processor  for the transactions on the Application. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect  to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount.

 

b.

In connection with any order, information such as name, billing address and credit  card information may need to be provided either to the Company or the third party payment processor. If the Users are directed to the third party payment processor,  they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Application. In case of Reseller providing billing information, delivery address or other contact information of its end user/consumer to Company or other delivery service provider, Reseller shall ensure that it has necessary consents and approvals from the  respective end user/consumer as may be required under applicable law.

 

c.

Company merely collects the payment on behalf of the Supplier or Reseller, as the case may be. All applicable taxes and levies, the rates thereof and the manner of applicability  of  such  taxes  are  to  be  charged  and  determined  by  the  Supplier or

 

Reseller. Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Reseller.

 

d.

The transaction is bilateral between Suppliers & Users and/or Reseller & end users/consumers (“User Transactions”), the Company is not liable to charge or  deposit any taxes applicable on such transaction.

 

3.4   Whether Company charges User(s) for Services provided by Company on the Platform?

a.

Services on Platform may require payment of charges, rate of which shall be solely at the discretion of the Company and shall be subject to User approval at the time of placing an order on the Platform. Company reserves the right to revise  charges towards Service at any time at its sole discretion. The charge, applicable at any given time, will be the charge displayed at the time of purchase/booking of the respective Service (if any) by User on the Platform.

 

b.

Company reserves the right to introduce additional chargeable services on the Platform including charges for a premium return service, cancellation charges, cash  on delivery handling fees etc.

 

3.5  Whether for transacting on Platform, User is required to be registered under the Central or State Goods and Services Tax Legislations (“GST Laws”)?

a.

Company is not obligated towards any direct or indirect tax obligation of the User that may arise as a result of User’s access or use of Services on the Platform. The requirement for registration and compliances under the GST Laws and other tax laws is the sole responsibility of the User including Reseller, the Company is not liable for any omissions or commissions by such User who acts in violation of the any  applicable law. Accordingly, User is advised to seek independent tax advice relating to its business and/or transaction through Platform including whether it is liable for GST registration.

 

3.6  What are the terms and conditions regarding the offers and benefits provided on  the Platform

 

  1. Subject to the below, all product discounts and offers are by the Suppliers and not by the Company.
  2. From time to time, we may conduct various types of marketing and promotional campaigns which may include offers, discounts and other promotional offers to be used on our platform. Such offers shall be subject to the terms and conditions which are solely determined by us, and the terms of such discounts and offers may vary for the customers based on factors relating to the customer such as usage of the platform, volume of transactions, time spent on the platform, city, place of residence, time,
  3. We reserve the right to void, discontinue, cancel or reject the use of any of the offers, discounts or promotional offers without any prior
  4. The offers, discounts and promotional offers may be changed or amended from time to
  5. It is your responsibility to review and comply with the terms and conditions governing the offers, discounts and other promotional offers provided on our
  6. Any of the offers, discounts or promotional offers may not be valid when used in conjunction with other promotional offers or vouchers unless explicitly permitted by us or the
  7. The offers, discounts and promotional offers cannot be exchanged for cash and can only be availed in accordance with the terms and conditions of the offers, unless otherwise communicated.

 

  1. Certain offers, discounts and promotions offered such as first order discount, reactivation discount etc., may be applied at the cart level and in the event that multiple products are purchased in a single transaction, then such offer, discount, promotion may be divided and applied to each product in the cart, in a manner determined by
  2. Subject to Mols’s Cancellation and/or Return, Refund and Replacement policy, if the  User:
    • cancels any product which is subject to any promotions, offer or discounts; or (ii) returns any product purchased which is subject to any promotions, offer or discounts, the User will be eligible to receive only the refund of the amount paid by the User on the purchase of such product.
  3. In the event, any product is cancelled or returned in accordance with Mols’s Cancellation and/or Return, Refund and Replacement Policy, then any offer, promotion, discount applied to such product shall be
  4. We and/or the Seller shall have no liability with respect to the offers, discounts and promotional offers on the

 

4.  USE OF THE PLATFORM

  • Can User access and use the Platform at any time or could there be any limitations?

a.

Company endeavours to make the Application available 24X7. However, the  Company does not represent that access to the Application will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

 

b.

Users understand and acknowledge that the use of Application requires internet connectivity and telecommunication links. Users shall bear the costs incurred to access and use the Application and avail Services, and Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.

 

c.

Company does not warrant that Application will be compatible with all hardware and software which is used by Users.

 

d.

Application may be under constant upgrades, and some functions and features may not be fully operational. Application is provided on an ‘as is’ and ‘as available’ basis. Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to Users.

 

e.

Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from Application. No guidance or information, written or oral, obtained from Company or via Platform, shall constitute any warranty, unless stated otherwise.

 

4.2  Does the Company guarantee performance of the agreement or other arrangements inter se between User(s) or otherwise in respect of products on Platform?

a.

Company, through Platform, is a mere facilitator of the transaction including between Supplier and User and is not responsible for any non-performance or breach of any contract entered into towards User Transactions. The Company cannot and does not guarantee that the concerned Suppliers will perform any transaction concluded on the Platform. The Company shall not and is not required to mediate  or  resolve  any dispute or disagreement between the Users concerned including with any other third party.

 

b.

The Company does not represent any of User or Supplier, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such Supplier or User displayed on the Platform.

 

c.

The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. Company shall not be liable for any misuse of information shared by Users with it; or through the Users profile; or with a third party on the Platform, chat rooms, forums, or comments.

 

d.

Users acknowledge and agree that the Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Supplier or Reseller selling or supplying merchandise on/through the Platform have the right to sell the products. Company encourages Users to assist it in identifying listings on the Platform, which, according to the Users’ knowledge or belief infringe their rights or third party rights.

 

e.

Company does not at any point of time during any transaction between any Supplier and a User take possession of any product offered nor does it at any point gain title to or have any rights or claims over such products. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any  obligations or liabilities in respect of such contract entered into between the Users. Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

4.3  Whether the use of Platform (a) is restricted in any manner; and (b) requires any generic compliances from User?

a.

User should not use the Platform to host, display, upload, download, modify, publish, transmit, update or share any information which:

 

I.

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful  in any manner whatsoever; 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;

 

II.

is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

III.

is harmful to a child or a minor;

 

IV.

harasses or advocates harassment of another person;

 

V.

infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

 

VI.

promotes an illegal or unauthorized copy of another  person’s  copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;

 

VII.

tries to gain unauthorized access or exceeds the scope of authorized access  to the Application or to the profiles, blogs, communities, account information,  or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

 

VIII.

interferes with another User’s use and enjoyment of the Platform or any third party users enjoyment of similar services;

 

IX.

refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms;

 

X.

violates any law for the time being in force;

 

XI.

impersonates another person;

 

XII.

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, threatens public order, or causes incitement to  the commission of any cognisable offence or prevents investigation of any offence or insulting other nations.

 

XIII.

contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of,  surreptitiously intercept or expropriate any system, data or personal information; and

 

XIV.

directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, 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.

 

b.

When accessing or using the Platform or availing the Services, the User has to  comply and ensure the following:

 

 

 

I.

All registration information submitted by User is truthful, lawful and accurate;

 

II.

User’s use of the Application/Platform shall be solely for their use and they shall not authorize others to use the account;

 

III.

User does not submit, post, upload, distribute, or otherwise make available or transmit any information that: (i) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion  of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

 

IV.

All necessary licenses, consents, permissions and rights are owned by Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by the Agreement, all trademarks, copyrights,  patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that Users submit, post, upload, distribute or otherwise transmit or make available;

 

V.

User will not use Platform in any way that is unlawful, or harms the Company or any other person or entity;

 

VI.

User will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Application;

 

VII.

User will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph  or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;

 

VIII.

User will not or attempt to delete or modify any content of Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos;

 

IX.

User will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory,  offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest;

 

 

 

X.

User shall not access Platform without authority or use Platform in a manner that damages, interferes or disrupts, any part of Platform or any equipment or any network on which Platform is stored or any equipment of any third party;

 

XI.

User shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Platform  by any means. User shall not probe, scan or test the vulnerability of Platform nor breach the security or authentication measures on Platform or  any  network connected to Platform.

 

XII.

User agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Platform or any transaction being conducted on Platform, or with any other person’s use of Platform. User may not use Platform or any of its content for any purpose that is unlawful or prohibited by this Agreement.

 

XIII.

User shall at all times ensure full compliance with the applicable law, as amended from time to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase, and sale of products or Services. User shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

 

XIV.

In order to allow Company to use the information supplied by the Users, without violating any rights or any laws, Users agree to grant Company a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright,  publicity,  database rights or any other rights. Company will only use the information in  accordance with this Agreement, applicable to use of Platform and for provision of Services.

 

b.

Company shall at times and at their sole discretion reserve the right to disable any  user identification code or password if any User has failed to comply with any of the provisions of this Agreement. Company shall have all the rights to take necessary action and claim damages that may occur due to User’s involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.

 

 

5.  FAIR USAGE POLCY

We always strive hard to provide the best experience to our customers on the platform. To ensure that all customers use our platform in good faith, we keep track of customer behaviour which includes maintaining order history and other details relating to the manner of use of our platform. In the event of any abuse of our platform or the policies, which include excessive

 

returns or refusal to accept shipments which are not otherwise wrong or defective, actions such as levying a service fee, discontinuing COD options, etc. may be undertaken to address such issues. Customers whose profiles indicate high volumes of valid transactions on the platform may be offered benefits by suppliers, from time to time, based on their discretion and policies.

 

6.  ACCURACY AND COMPLETENESS OF INFORMATION ON PLATFORM

  • What is the accuracy and completeness of all information displayed on the Platform?

a.

Company takes all endeavours to the best of its efforts to keep information on the Platform accurate. However, the material and content on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Reference to paragraph 5.2 below, User will agree that a majority of content including products displayed on Platform are provided by the respective Suppliers, who shall at all times be responsible for provision of information related to such products listed by them. Apart from reasonable checks to ensure general hygiene of Platform, Company does not exercise any control over  such content or information.

 

b.

Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on Platform is at the Users’ own risk.

 

c.

Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of Platform at any time, but has no obligation to update any information on Platform. User is solely responsible to monitor changes to the information on Platform. No specified update or refresh date applied to Platform, should be taken to indicate that all information on Platform or pertaining to  the Services have been modified or updated.

 

d.

Occasionally there may be information on Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on Platform is inaccurate at any time without  prior notice.

 

e.

The Information is provided ‘as is’ with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained  in this Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of User.

 

6.2  Is information related to products on Platform provided by the Company?

a.

Not all information on the Platform is provided by Company. From time to time, Users who are Suppliers provide information relating to the products proposed to be sold  by

 

them and are hence responsible for the same. In this connection, Suppliers undertake that all such information shall be accurate in all respects. Suppliers are discouraged from and should not exaggerate or overemphasise the attributes of such products so as to mislead Users in any manner.

 

b.

Company reserves the right, but has no obligation, to monitor the materials posted on Platform. Company, however, has 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  of these Terms. In no event shall Company assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on Platform.

 

c.

Suppliers take sole responsibility for the correctness of the details pertaining to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on Platform. Company does not implicitly  or explicitly support or endorse the sale or purchase of any products nor provide any warrantee/guarantee of the products sold to Users, and in no event shall such  products be the responsibility of Company. Company does not represent or warrant that the information available on Platform will be correct, accurate or otherwise  reliable.

 

d.

Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Application, either provided by any User including Suppliers.

 

7.  LISTING AND SELLING

  • As Supplier, in addition to this Agreement, what other terms is a User required to abide by?

a.

Suppliers, in addition to this Agreement are also bound by applicable laws of India, including without limitation, the following laws:

 

I.

The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules);

 

II.

Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 (D&C Rules);

 

III.

Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).

 

b.

As per above mentioned statutes and regulations and any other relevant law in place during the tenure of this association, Company understands that there is an obligation on Supplier to ensure that the package in which the products are sold complies with

 

labelling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of Supplier to comply with applicable laws and the Company shall not be held responsible in any manner. Suppliers shall indemnify Company and Platform for any harm or loss in relation to contravention of above regulations or other applicable laws.

 

7.2  When can the Suppliers get their products listed?

a.

Suppliers are permitted to list products for sale on the Application in accordance with the terms mentioned in this Agreement and other contract entered into with Company for the said purpose, wherein other rights and obligations of the parties are defined in detail.

 

b.

By listing its products on the Platform, the Suppliers represent and warrant that they are legally capable to sell or list the products on Platform; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Suppliers and Users agree that the Company is not responsible for the breach of the same.

 

8.  USER INFORMATION AND THRID PARTY TOOLS/LINKS

  • What information is collected from the User? How does Company deal with the information provided to it by a User while using Platform?

a.

Company collects various types of information, some information is non-personal information and some is personal information.

 

b.

All information about Users that are collected, stored or transmitted in any way on Platform is processed for facilitating various operations on Platform, including registration, order placement, listing, or payments.

 

c.

For a more comprehensive understanding, Users are encouraged to view the Platform’s Privacy Policy available on the Platform.

 

8.2  Does the Company use Third Party tools on Platform?

a.

The Company may provide User with access to third-party tools over the Platform which Company neither monitors nor has any control nor input. User acknowledges and agrees that access to such tools is on an ‘as is’ and ‘as available’ basis, without any warranties, representations or conditions of any kind and without any endorsement by Company. Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

b.

Any use by the User of the optional tools offered through the Application/Platform is entirely at its own risk and discretion and it is the responsibility of User that it ensures that it is familiar with and approves the terms on which such tools are provided by the relevant third-party provider(s).

 

c.

The Company may from time to time, offer new features through Platform which may include the use new third-party tools and resources. Such new features shall also   be

 

subject to this Agreement. Complaints, claims, concerns, or questions regarding third- party tools or third party websites should be directed to the third-party.

 

8.3  Does Company use third party links or third party tools on Platform? Are these links and tools accurate and secure?

a.

Certain content or products available via the Platform may include materials from third-parties. Third-party links on the Application/Platform may direct User to third- party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

b.

Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection  with any third-party websites regardless of the existence of any third party link on Platform. Please review carefully such third-party’s policies and practices and make sure to understand them before engaging in any transactions.

 

9.  INTELLECTUAL PROPERTY (IP) AND IP INFRINGEMENT

  • Can User use the content published on Platform such as “Mols” mark when doing business with other parties?

a.

Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

 

b.

“Mols” and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.

 

c.

Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video   or audio sequences or any graphics separately from any accompanying text.

 

d.

Users must not use any part of the materials on Platform for commercial purposes without obtaining a licence to do so from Company. All rights, not otherwise claimed under this Agreement by Company are hereby reserved.

 

e.

User understands that Platform and software embodied within Platform may include security components that permit digital materials to be protected, and that use of   these materials is subject to usage rules set by Company or other parties  that facilitate the same. User agrees that it will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.

 

9.2  How does the Company deal with IP infringement?

a.

Any trademark, word mark or intellectual property of any User(s) or Supplier(s)  belongs to such User(s)/Supplier(s) alone, and Company has no right or claim over

 

the same.

 

b.

Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in Company’s reasonable belief is unlawful or could subject Company to liability or is in violation of this Agreement or is otherwise found inappropriate in the Company’s opinion. Company reserves the right to cooperate with any investigation in this regard.

 

c.

Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event Company takes any of the actions pursuant to allegations of IP infringement.

 

d.

Users acknowledge and agree that Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Supplier selling or supplying merchandise on the Platform have the right to sell the products. Company encourages Users to assist it in identifying listings on the Platform, which, according to Users’ knowledge or belief infringe their rights or third party rights.

 

e.

The delisting of product from Platform is to safeguard Company’s interest, by taking down a listing, Company does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which Company declines to take down a listing, Company does not and cannot be deemed to be endorsing that the listing is  not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

 

f.

We request you to review the Intellectual Property Policy available on the Application for more information.

 

10.  DISCLAIMER AND LIABILITIES

  • What are the standard disclaimers in relation to the Platform and the Services?

a.

Company, in no event, is or will be liable to User including the Reseller or anyone claiming through a User in respect of product or other User Transaction under  contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on  any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of Platform.

 

b.

Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar  damages, whether based in contract, tort, strict liability or otherwise, arising from the use of Platform, or for any other claim related in any way to the use of the Application, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Application/Platform or any

 

content posted, transmitted, or otherwise made available via the Application/Platform, even if advised of their possibility.

 

c.

Users shall be solely responsible for damages, if any, to their data system or for loss  of data arising from download of content from Platform. No guidance or information, written or oral, obtained from Company or via the Platform, shall constitute any warranty, unless stated otherwise.

 

10.2  What are the disclaimers regarding advertisements (including any information or offer thereunder) contained on, distributed through, or  linked,  downloaded  or accessed from Platform (“Advertisements”)?

  1. Advertisements in Platform are intended, solely to provide general information for the personal use of the user(s). The Company does not represent, warrant or endorse in any manner the accuracy or reliability of the Advertisements. The Company accepts no responsibility or liability in relation to the Advertisements including without limitation on account of your use or reliance placed by you on such Subject

 

  1. The Advertisements on the Platform are advertised / displayed at the behest of the advertisers. The Company does not by itself create such content and neither does it exercise any control over the content that is displayed by the advertisers. The advertisers are third parties over which Mols does not have any direct or indirect control. The Company does not make any representation, warranty, recommendation, guarantee in respect of the content of the Advertisements as well as its subject matter and the products/services being advertised (including without limitation with respect to suitability, merchantability, reliability, availability or quality of the product/service) nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products/services which are subject matter of the advertisements or are referred therein. The Company accepts no liability for any error, inaccuracy or omission of third parties and advertisers in this

 

  1. The correspondence or business dealings of Users with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the

 

  1. In the event, a link is displayed on the Advertisement and if you select to click on a link which leaves Platform, you will be redirected to a third-party website that is not owned, operated, or controlled by The Company or its affiliates. The link is provided solely for the convenience of the User and may assist the User in locating other useful information on the internet. The third-party website is governed exclusively by its respective policies over which we have no control. You bear the sole risk in proceeding to access the contents, products/services of the third-party website and links provided

 

 

  1. The User shall not hold the Company responsible and the Company disclaims any liabilities, losses, damages, expenses, claims or injury arising out of or in connection with: (i) the advertisements displayed on Platform; (ii) contents of the Advertisement; (iii) representations and statements made by the advertiser; (iv) subject matter of the Advertisements and the products/services referred thereunder (including without limitation on account of suitability, merchantability, reliability, availability or quality of the product/service); and/or (v) Advertisement being misleading and/or not in compliance with applicable

10.3 What happens to User order in case of a lockdown or other force majeure event?

a.

Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest,

 

demonstrations, fire, storm, flooding, explosion, earthquake, epidemic or pandemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network.

 

b.

Force majeure or other events beyond the Company’s control, hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.

 

10.4 Under what circumstances may User be liable for any damages to Company?

a.

User shall indemnify, defend, and hold harmless Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all  losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or in connection with:

 

a.

User’s breach of this Agreement;

 

b.

any claims made by any third party due to, or arising out of, or in connection with User’s use of Platform including by end users/consumers of Reseller(s);

 

c.

the User’s violation of any rights of another, including intellectual property rights; and

 

d.

the User’s violation of any applicable laws.

 

11. COMMUNICATION

  • How to contact Company in case of any queries regarding this Agreement or grievances relating to Platform?

a.

All queries, concerns or questions about the Agreement should be sent to Company  at info@mols.in Dhrupal patel is the designated Grievance Officer in respect of this Agreement. Any complaints or  concerns with regard to the Platform or any breach of this Agreement can be directed to the designated Grievance Officer in writing at the following address: Vashiplaza, sector 17, Vashi Navi Mumbai – 400703.

 

11.2 How will the Company contact User?

a.

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.

 

b.

Notice to a User(s) shall be deemed to be received by such User(s) if and either when sent to User at the address, email or other communication details provided by such

 

User at the time of registration, whether in physical or electronic form, has been sent to such User(s), or immediately upon publishing of such notice on an area of the Platform that is publicly accessible.

 

11.3  In case of a call from a person asking for access to User account registered with Company, what should User do?

a.

Company urges the users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company.  The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from Mols.in domain. Please see our Anti Phishing communication available on the Platform.

 

11.4  Can User disclose its communication through calls with the Company to third parties?

  1. All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from the Company may be monitored and

 

12.  MISCELLANEOUS PROVISIONS APPLICABLE TO AGREEMENT

  • This Agreement is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Agreement or the Platform shall be subject to the jurisdiction of the courts at Gujarat,
  • Company shall have the right to assign its obligations and duties in this Agreement to any person or
  • The failure of Company to exercise or enforce any right or provision of this Agreement

shall not constitute a waiver of such right or provision.

  • Platform is controlled and operated from India and Company makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Platform from outside India is entirely at User’s sole risk and User agrees and undertakes to be responsible for compliance with all applicable local laws and agrees to release, discharge and absolve Company from any liability or loss in this
  • Company reserves the right to introduce and initiate new features, functionalities and components to Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform or charge for Service which were early free of cost, without any prior notice to

Seller Terms of Use

Seller Terms and Conditions also called as terms of use:

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules there under and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 to or usage of this website.

The domain name mols.in, including the related mobile site and mobile application as well as the seller portal seller.mols.in (hereinafter referred to as “Platform”) is owned and operated by DHOONI , Kleverk Designs Pvt. Ltd. (hereinafter referred to as ‘Company’.

For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean company.

Your use of the Platform and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with company, and these terms and conditions including the policies constitute your binding obligations to company.

When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform.  Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.

ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of company’s policies, as amended, from time to time.

Seller Eligibility

The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. 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 the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. Company reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Company’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.

Your Account and Registration Obligations

In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.

Communications

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform is a platform that users utilize to independently meet and interact with one another for their transactions. Company is not and cannot be a party to any transaction or dispute between users on the Platform.

Consequently:

  1.  All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Company does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
  2.  Company does not make any representations or warranties regarding specifics (such as quality, value, and salebility) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. Company accepts no liability for any errors or omissions of third parties in relation to the products and services.
  3.  Company is not responsible for any non-performance or breach of any contract between you and buyers. Company cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. Company shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
  4.  Company does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.
  5.  Company does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
  6.  At no time shall Company hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Company is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
  7.  The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Company only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
  8.  You release and indemnify Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Company cannot control the information provided by other users which is made available on the Platform. You may find other user’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretence.

Use of the Platform

You agree and understand that Company and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Company shall bear no responsibility or liability in relation to or arising out of third party user generated content. Company neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission.  Company is merely an intermediary and does not interfere in the transaction between buyers and sellers.

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

  1.  You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

(a) belongs to another person and over which you have no right;

(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is false, inaccurate  or misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;

(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;

(h) infringes upon or violates any third party’s rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;

(m) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;

(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.

Throughout the ToU, Company’s prior written consent means a communication coming from Company’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;

(p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

(q) interferes with another’s use and enjoyment of the Platform;

(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;

(s) harms minors in any way;

(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonates another person;

(x) contains software viruses or any other computer codes, 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;

(y) 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 offence or prevents investigation of any offence or is insulting any other nation;

(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;

(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.

  1. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
  2.  You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
  3.  You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.
  4.  You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms mols, themols, dhooni, kleverk or otherwise engage in any conduct or action that might tarnish the image or reputation of Company or sellers on the platform or otherwise tarnish or dilute any Company trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Company’s systems, networks, or any systems or networks connected to Company.
  5.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.
  6.  You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
  7.  You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Company and/or others.
  8.  You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules there under as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authoritty of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Platform qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
  9. You shall strictly comply with the Company Group OFAC Policy (Trade Compliance Policy Statement) as may be amended from time to time. The extant Trade Compliance Policy Statement is available at the website.
  10. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of Company. We will only use your information in accordance with this ToU and our Privacy Policy.
  11. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.
  12. You shall not engage in advertising or solicitation of other sellers on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. Company shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Company’s views. In no event shall Company assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content 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 misleading, libelous, tortuous, or otherwise unlawful information.
  13. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.
  14. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
  15. Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).

Selling

As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licenses and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics,  pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Company reserves the right to delete such multiple listings of the same product listed by you in various categories. Company reserves the right to restrict the selling of products originating from certain countries.

For Food and Nutrition category, seller shall adhere to the minimum balance shelf life norms as provided at the link here

Compliance on selling of goods/services

You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.

It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government.  Company shall not be responsible for any deficiency and/ or omission on your part.

Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.

In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Company to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.

You shall be required to provide the corresponding Harmonized System Nomenclature (HSN) code number for every product listing . In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform.

You shall also be required to provide your GSTIN , without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transaction on your account will be blocked and orders will not be processed on your account.

In the event of you providing your Input Service Distributor Registration Number, Company would be issuing an invoice to the ISD GST registration number as furnished by you.  It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number.

In the event of any conflict between the terms of this clause and any other clause in these terms of use, the provisions of this clause will prevail.

You agree and undertake that You shall not, at any time, purchase more than 25% of your inventory (in terms of annualized value in a financial year), purported to be sold on the Platform, from Company or its Group Companies. Group Company shall have the meaning as per the extant Foreign Direct Investment Policy of India.  We may require you to provide certification (including auditors certificate) to confirm compliance with this requirement.

We do not mandate that any of your Products should be sold exclusively on the Platform. For the sake of clarity, effective February 01, 2019, Company unilaterally waives any obligation on You to sell exclusively on the Platform. Any written or oral arrangements to the contrary, shall stand unilaterally waived.

Content Posted on the Platform

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Company has no responsibility or liability over such third-party generated Content as Company is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Company’s prior written consent.

You may use the information on the products and services made available on the Platform for downloading provided you:

(1) do not remove any proprietary notice language in all copies of such Content;

(2) use such Content only for your personal, non-commercial informational purpose and do not  copy or post such information on any networked computer or broadcast it to any media;

(3) make no modifications to any Content; and

(4) do not make any additional representations or warranties relating to the Content.

You shall be responsible for the Content posted or transmitted on the Platform by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law,  use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.

Limited License

Company grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Powered by mols” and/or “mols” name and/or logo on seller’s invoice for transactions concluded on the Platform. Further, Company grants seller a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “mols.in” name and/or logo on packing material used by seller for delivery of Products sold on the Platform.

Types of Sellers

All registered sellers are categorized into following tiers:

  • Gold
  • Silver
  • Bronze

This is done basis following criteria

  • sales achieved by sellers (revenues and units)
  • fulfillment experience provided to customers (breaches and cancellations)
  • Percentage of local/zonal shipment out of your overall shipment
  • percentage of overall shipments supplied in the same zone to customers by the seller
  • customer feedback against the products sold by such sellers (returns and ratings), etc.

The thresholds for each of these criteria are transparently listed on https://seller.mols.in. Basis the tier, sellers get benefits including the following:

  • rebate in commissions and shipping fees etc.
  • account management support
  • faster payments

Company reserves the right to revise the categories, criteria, and benefits to promote healthy competition amongst the sellers so that their performance lead to better customer experience on the Platform.

Payment

  1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products  and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Company liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.
  2. You have specifically authorized Company or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with Company is on a principal to principal basis and by accepting the ToU, you agree that Company is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. Company does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
  3. You understand, accept, and agree that the payment facility provided by Company is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Company neither acts as a trustee nor fiduciary with respect to transaction or transaction price.

It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at Company’s sole discretion.

  1. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.

Dispatch of products and/or services
1.  You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the TOU to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For avoidance of doubt, Company will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform

  1. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to Company in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
  2. Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to Company on demand within the time frame as notified from time to time.
  3. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
  4. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the TOU and may lead to suspension and/or termination of seller account.
  5. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
  6. a) Buyer confirms the delivery of products and/or services in the transaction;
  7. b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
  8. c) Buyer’s refund claim is rejected by Company due to any breach of the ToU, policies, and any applicable law;
  9. d) remittances to a seller for successful transactions under the payment facility, excluding CoD transactions, would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/200910/231DPSS.CO.PD.No.1102 / 02.14.08/ 200910 dated November 24, 2009 (‘RBI Intermediary Guidelines”). As per the RBI Intermediary Guidelines, payments to sellers which do not involve transfer of funds to nodal banks shall be effected within a maximum of T+2 settlement cycle (where T is defined as the day of intimation regarding the completion of transaction) (“Master Settlement Date”). Completion of the transaction shall be defined as follows:

 

ParticularsThresholds (in days)
Order Date to Dispatch Date5
Dispatch Date to Delivered Date7
Return Policy3
 

Return Req Date to Return Completed Date

5
Completion of the transaction (T)20 days from the date on the date on which the order was placed

 

Company may, at its sole discretion settle the payment to the sellers earlier, in accordance with the Payment Settlement Policy.  However, in the event of a conflict between the Master Settlement Date and the dates set forth in the Payment Settlement Policy, the Master Settlement Date shall prevail.

  1. You are required to route all shipments/consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by Company.Prepaid Payment Instruments

Company may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Platform to users. Any purchases by buyers on the Platform using the prepaid instruments shall be governed by the following terms and conditions:

  1. Such prepaid instruments may be used to make payments for the products and/or services purchased on the Platform
  2. Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Platform.
  3. Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
  4. If the order value exceeds the amount of such prepaid instruments, the balance must be paid by the respective buyer via Credit Card/Debit Card /Internet Banking. COD shall not be available as payment option for such transactions.
  5. If the order value is less than the amount of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.
  6. Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.
  7. Prepaid instruments cannot be redeemed for cash.
  8. Company is not responsible if prepaid instruments are lost, stolen, or used without permission.
  9. Buyers can combine and use a maximum of 3 prepaid instruments per order. They can be combined with promotional codes.
  10. Purchases of prepaid instruments are not eligible for cashback offers.
  11. All sellers on the Platform will accept this prepaid instrument as a payment instrument.
  12. Company will make payments to sellers whose products and/or services have been purchased by buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.

Financial Facilities for customers

Company has operationalized tie-ups with multiple partners for providing financial assistance to customers for purchasing products on the platform and thereby enhancing the transaction capability of customers. In pursuance of the same, in the event of the customers opting for the financial assistance program and you duly receiving such amounts from the partners (on behalf of the customers), you hereby agree to assign all receivables from the customer for such transaction. Therefore you hereby agree that without any further action on your part, upon receipt of amount due from such partners, any and all receivables due from the customers shall stand assigned in favour of the partner. You hereby authorize Company to enter into any documentation on your behalf to complete and perfect the assignment. Upon such assignment, the financing partner shall have all the rights as the seller may have had in relation to the collection of receivables from the customer and the customer shall be required to repay the financing partner directly. The lending partner further reserves the right to assign and transfer such receivables under these terms and conditions to an NBFC/financial institution as it may deem fit.

Charges

Registration on the Platform is free. Company does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Company reserves the right to change its fee policy from time to time. In particular, Company may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Company. You shall be solely responsible for compliance with all applicable laws for making payments to Company.

You hereby agree that Company shall have the right to set off any amounts due and payable by You to Company against any payments due from Company to You.

GST /Taxes:  You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage.  You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).

  1.  A seller agrees that Company may offer to provide express remittance to eligible sellers as per payments settlement policy. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Company, at its sole discretion, may make such an offer to eligible sellers and the same shall not be construed as a right but only as a privilege. Eligible sellers understand that Company reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Company’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by Company from time to time.
  2. Invoice generation: A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. We will assist you with this process by generating an invoice on your behalf.  For us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice. The invoice shall then be generated and sent to the seller. The seller shall be required to physically sign the invoice, print the invoice and affix the same on the consignment. The invoice generated by Company shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these terms of use, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.

A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, seller shall ensure that invoices state ‘Powered by Company’ and failing to do so, a seller shall be liable to chargebacks (as applicable).

  1. In case of any chargebacks levied by the bank, Company shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Company shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Company has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by Company to the seller.
  2.  Company may delay notifying the payment confirmation, i.e. informing seller to dispatch if Company deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Company may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
  3.  Sellers acknowledge that Company will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Company.
  4. Company shall make payments into the bank account provided by a seller during the seller registration process. Once Company has made payments into such a bank account number, Company shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

Compliance with Laws:

  1. Seller shall comply with all the applicable laws, including but not limited to Food Safety and Standard Authority of India (FSSAI) and  obtain all necessary licenses and permits applicable to them.
  2. In the event of sale of jewellery, seller shall provide hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and Company shall not be liable whatsoever for any non-compliance in this regard.
  3.  In the event of sale of jewellery, seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. Company hereby disclaims any responsibility for conducting Buyer KYC.

Product Description

Company does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Audits

Company shall have the right to inspect and audit seller’s records and premises / place of business through itself or through Company approved third party testing agencies. Cost of such audit shall solely be borne by Company unless audit reflects discrepancy in seller accounts / non-compliance with Company’s seller policies, in which case cost of audit shall be borne by the seller.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform in the event of, including but not limited to, the following:

  1. if you breach the ToU, privacy policy or other policies (if any);
  2. if we are unable to verify or authenticate any information you provide; or
  3. if it is believed that your actions may cause legal liability for you, other users, or us;

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Grievance Contact

In accordance with the IT Act, 2000, and the rules there under, the name and contact details of the grievance contacts are provided below:

Drupal Patel (info@mols.in)

DHOONI , Kleverk Designs Pvt. Ltd.

Vashi Plaza, Sector 17, Vashi.  Mumbai

 

Indemnity

You shall indemnify and hold harmless Company its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark complaint

Company respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Company at tm@mols.in or ss@mols.in.

Copyright complaint

Company respect the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to Company at copyright@mols.in or ss@mols.in.

Trademark, Copyright and Restriction

The Website is controlled and operated by Company and products are sold by respective registered sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Company’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law

The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Bangalore.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Company makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Company is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.

Contact Us

Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the Website to info@mols.in.

Email: info@mols.in

Time: Mon – Sat (9:00 – 18:00)

Privacy Policy

Last Updated as on April, 2024

 

The Mols application and website (“Platform”) are made available to you by Dhooni, Kleverk Designs Pvt Ltd. and/or its affiliates (hereinafter may be referred to as the ‘Company’, ‘we’, ‘us’, and ‘our’) respect your privacy and is committed to protecting it through its compliance with its privacy policy. This policy amongst other things describes: (i) the type of information that the Company may collect from you when you access or use its websites, applications and other online services (hereinafter collectively referred to as the ‘Services’); and, (ii) the Company’s practices for collecting, using, maintaining, protecting and disclosing that information.

We encourage you to read this policy carefully to understand the Company’s policies and practices regarding your information. By accessing or using its Services and/or registering for an account with the Company, you expressly agree to be bound by the terms and conditions of this privacy policy and you are consenting to the Company’s collection, use, disclosure and retention of your personal information as described here.

This policy may change from time to time, your continued use of the Company’s Services after it makes any change is deemed to be acceptance of those changes, so please check the policy periodically for updates.

  1. Applicability of the Policy

1.1.          This policy applies only to the information the Company collects through its Services, in email, text and other electronic communications sent through or in connection with its Services.

1.2.          This Policy does not apply to the information that you provide to, or that is collected by, any third-party, that you use in connection with its Services. The Company encourages you to consult directly with such third-parties about their privacy practices.

 

  1. Collection of the information

2.1.          Some of our Services may be used without revealing any personal information, and for other Services, personal information is required. We may also collect ‘Non-Personal Information’ (i.e., information that cannot be used to identify you). Non-Personal Information includes information like the web pages that you have viewed. In order to access certain features and benefits on our Services, you may need to submit ‘Personally Identifiable Information’ i.e., information that can be used to identify you (as described below). Inaccurate information may affect your ability to use the Services, the information you receive when using the Services, and our ability to contact you. For example, your email address and contact number should be kept valid because these may be  the primary channels through which we communicate with you. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to the Company.

2.2.          The Company collects several types of information from and about users of our Services, including: (i) Your Personal Information- Personal Information is the information that can be associated with a specific person and could be used to identify that specific person whether from that data, or from the data and other information that we have, or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise. Personally Identifiable Information can include, but not be limited to, information such as your name, email address, contact number (cellular and landline), educational qualification(s), occupation, date of birth, marital status, monthly income, city and state of residence, marital status, number of children, employer details,  Aadhaar number, PAN, social security and tax identification numbers, and post-qualification or work experience among other things; and/or (ii) Information about your internet connection, the equipment you use to access our Services and your usage details.

2.3.          We may collect this information either (i) directly from you when you provide it to us; (ii) automatically as you navigate through our Services (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies); and/or (iii) from any other source of information including from other third party sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily.

2.4.          Information you provide to us.

2.4.1.Your account information: Your full name, email address, postal code, password and other information you may provide with your account, such as your gender, mobile phone number and website. Your profile picture (if any) that will be publicly displayed as part of your account profile. You may optionally provide us with this information through third-party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.

2.4.2.Your preferences: Your preferences and settings such as time zone and language.

2.4.3.Your content: Information you provide through our Services, including your reviews, photographs, comments, lists, followers, the users you follow, ordering details and history, favourite categories, special requests, contact information of people you add to, or notify of, your orders through our Services, names, and other information you provide on our Services, and other information in your account profile.

2.4.4.Your searches and other activities: The search terms you have looked up and results you selected.

2.4.5.Your browsing information: How long you used our Services and which features you used; the ads you clicked on.

2.4.6.Your communications: Communications between you and other users or suppliers through our Services; your participation in a survey, poll, sweepstakes, contest or promotion scheme; your request for certain features (e.g., newsletters, updates or other products); your communication with us about employment opportunities posted to the services.

2.4.7.Your transactional information: If you make use of our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address, email, billing information and credit or payment card information. This information may be shared with third-parties which assist in processing and fulfilling your requests, including PCI compliant payment gateway processors. If you write reviews about businesses with which you conduct transactions through our Services, we may publicly display information that you transacted with those businesses.

2.4.8.Your Public Posts: You also may provide information (such as ratings, reviews, tips, photos, comments, likes, bookmarks, friends, lists, etc.) to be published or displayed (hereinafter, “posted”) on publicly accessible areas of our Services, or transmitted to other users of our Services or third-parties (hereinafter collectively referred to as ‘User Contributions’). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable (see “Security” section below). Additionally, we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We may display this information on the Services, share it with businesses, and further distribute it to a wider audience through third party sites and services. You should be careful about revealing any sensitive details about yourself in such postings.

2.4.9.We use the information you provide to us to analyse and enhance the functionality and improve the quality of our Services, and to personalize your experience while using our Services. We also use this information to display relevant advertising, provide support to you, communicate with you, and comply with our legal obligations.

2.5.    Information we may automatically collect include but may not be limited to the following.

2.5.1.We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services, and about your use of the Services, even if you use the Services without registering or logging in.

2.5.2.Usage information: Details of your use of our Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through our Services.

2.5.3.Computer and device information: Information about your computer, Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type etc.), device type, device’s unique device identifier, mobile network information and the device’s telephone number.

2.5.4.Stored information and files: Our Services also may access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.

2.5.5.Location information: Our applications collect real-time information about the location of your device, as permitted by you.

2.5.6.Last URL visited: The URL of the last web page you visited before visiting our websites.

2.5.7.Mobile device IDs: Unique mobile device identifier (e.g. IDFA, GAID or other device IDs on Apple devices like the iPhone and iPad), if you’re using our Services on a mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of our applications. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of our applications, track the number of advertisements displayed, measure advertising performance and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our applications.

2.5.8.Your preferences: Your preferences and settings such as time zone and language.

2.5.9.Your activity on the Services: Information about your activity on the Services, such as your search queries, comments, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you visited our Services, the date and time you used the Services, error logs, and other similar information.

2.5.10.    Mobile status: For mobile application users, the online or offline status of your application.

2.5.11.    Applications: If you use the Company’s application, the Company may collect information about the presence and/ or absence and/ or details pertaining to other applications on your mobile phone. The applications we gather information for, may vary across categories including, without limitation, shopping, fashion, food and travel. This will help us understand you and your preferences better and enable the Company to provide you with a personalized experience. We may collect, process and store your user ID associated with any social media account (such as your Facebook and Google account) that you use to sign into the Services or connect with or use with the Services. Please see your social media provider’s privacy policy and help center for more information about how they share information when you choose to connect your account.

2.6 You may withdraw the consent provided to us to collect and use your personal information by wiriting to the designated Grievance Officer as provided in Section 14 of this Privacy Policy. However, in case of withdrawal of such consent, we may not undertake the activities for which the information was sought.

  1. Use of the information

We use the information we collect from and about you for a variety of purposes, including to:

3.1.          Purchase and delivery of products and services. We use your personal information to take, handle and fulfill orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.

3.2.          Provide, troubleshoot, and improve the Services. We use your personal information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of the Services.

3.3.          Recommendations and personalization. We use your personal information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with the Services. We may also share your preferences or the Services availed by you with your network followers on the Company for marketing and other promotional activities of our Services

3.4.          Comply with legal obligations. In certain cases, we collect and use your personal information to comply with laws. For instance, we collect from sellers information regarding place of establishment and bank account information for identity verification and other purposes.

3.5.          Communicate with you. We use your personal information to communicate with you in relation to the Services via different channels (e.g., by phone, e-mail, chat).

3.6.          Advertising. We use your personal information to display interest-based ads for features, products, and services that might be of interest to you. We do not use information that personally identifies you to display interest-based ads.

3.7.          Fraud Prevention and Credit Risks. We use personal information to prevent and detect fraud and abuse in order to protect the security of our users, the Company, and others. We may also use scoring methods to assess and manage credit risks.

3.8.          To administer contests and sweepstakes.

3.9.          To carry out Company’s obligations and enforcing rights arising from any contracts entered into between you and the Company, including for billing and collection.

3.10.      Research. Generating and reviewing reports and data, and to conduct research on the Company’s user base and service usage patterns. To conduct research following internal review protocols to ensure the balancing of privacy and to use anonymized data for research. Use for internal purposes such as auditing. understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, and make special offers

3.11.      To fulfil any other purpose for which you provide us the information and/or for any other purpose with your consent.

 

  1. Sharing of the information

4.1.    We may disclose personal information that we collect or you provide, as described in this privacy policy, in the following ways:

4.1.1.      General Information Disclosures

  1. To our holding companies, subsidiaries and affiliates, which are entities under common ownership or control of the Company.
  2. To contractors, advertisers/service providers and other third-parties whom we use to support our business (e.g. logistics and delivery, to collect payments) and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about the users of our Services are among the assets transferred.
  4. To third-parties to market their products or services to you which we feel may be of interest or beneficial to you.                                                                                                                                   We contractually require these third-parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

4.1.2.      To fulfill the purpose for which you provide it.

4.1.3.      For any other purpose disclosed by us when you provide the information.

4.2.    Service Providers. We may share your information with outside vendors that we use for a variety of purposes, such as to send you communications via emails, messages or tele-call to inform you about the services and/or products  that may be of interest to you, push notifications to your mobile device on our behalf, provide voice recognition services to process your spoken queries and questions, help us analyze use of our Services, and process and collect payments. Some of our products, services and databases are hosted by third party hosting services providers. We also may use vendors for other projects, such as conducting surveys, organizing sweepstakes for us, advertising, marketing and advertisement measuring purposes. We may share information about you with these vendors only to enable them to perform their services.

4.3.    Legal Purposes. We may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or the Company’s Terms of Service, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of the Company, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations on account of legal requests such as subpoena, court order or government demand to comply with the law.

4.4.    Social Networks. If you interact with social media features on our Services, such as the Facebook Like button, or use your social media credentials to log-in or post content, these features may collect information about your use of the Services, as well as post information about your activities on the social media service. Your interactions with social media companies are governed by their privacy policies.

4.5.    To enforce or apply our Terms of Use available at [https://mols.com/terms-conditions] and other agreements, including for billing and collection purposes.

4.6.    If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our users or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

4.7.    Consent. We may share your information in any other circumstances where we have your consent.

 

  1. Third Party links and services

5.1.          The Services may contain links to third-party websites. Your use of these features may result in the collection, processing or sharing of information about you, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other websites or services which may be linked on the Company’s Services. We do not endorse or make any representations about third-party websites or services. Our Privacy Policy does not cover the information you choose to provide to or that is collected by these third parties. We strongly encourage you to read such third parties’ privacy policies.

 

  1. Anonymous or de-identified data

6.1.          We may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools as described below. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Privacy Policy, and it may be used and disclosed to others without limitation.

 

  1. Cookies

7.1.          Cookies are alphanumeric identifiers with a small amount of data that is stored on the user’s device hard-drive containing information about the user, commonly used as an anonymous unique identifier. We may offer certain features only through ‘cookies’ and may also collect information about you using these cookies. Please note, a cookie in no way gives the Company access to your device. Other websites may place their own cookies or other files on your device, collect data or solicit personal information from you, for which the Company shall not be held responsible or liable. We encourage you to read the privacy policies of all external sites. We also use cookies from third party partners for marketing and promotional purposes. Please note that most web browsers are set to accept cookies by default.

7.2.          We strive to provide you with choices regarding the personal information you provide to us.

 

  1. Security Precautions

8.1.          We ensure to maintain reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to your information and to maintain data security. These safeguards take into account the sensitivity of the information that we collect, process and store and the current state of technology. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. The access to the Services is offered through the use of a secure server and adhere to our security guidelines to protect it against unauthorized access. However, by using the Services, the users accept the inherent security implications of data transmission over the internet and the World Wide Web which cannot always be guaranteed as completely secure, and therefore, there would always remain certain inherent risks regarding use of the Services.

8.2.          We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your user name, password, or other security information for your account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions for such use.

 

  1. Permissible Age

9.1.          The Services are not intended for users under the age of 18 (eighteen), unless permitted under applicable local laws (Permissible Age). We do not knowingly collect any personal information from users or market to or solicit information from anyone under the age of 18 and use of our Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.

9.2.          If you are under the age of 18 years then you must use the Services under the supervision of your parent, or legal guardian. If we become aware that a person submitting personal information is under the age of 18 years, we will delete the account and any related information as soon as possible.

 

  1. Data Retention

10.1.         A user can close an account by visiting the profile settings page on our website. A user may request for deletion of its personal information by raising a request with the Grievance Officer as per the provisions of Section 14 of this Privacy Policy. Notwithstanding the foregoing, we reserve the right to retain your personal information in accordance with applicable laws, for a period no longer than is required for the purpose for which it was collected or as required under any applicable law. We may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity. We may archive information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations. We may also continue to retain your data in anonymised form for analytical and research purposes.

 

  1. Grievance Officer

11.1.      In accordance with Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures And Sensitive Personal Data or Information) Rules, 2011, the name and contact details of the Grievance Officer is Dhrupal Patel (info@mols.in) Vashiplaza, Sector 17, Vashi, Navi Mumbai – 400703

Email : info@mols.in
Contact : +91 7977995155
Address : Regd Office : Shaona Plaza, Punagam Surat 395010
Admin Office : Vashi Plaza, Vashi. Mumbai – 400703

 

 

  1. Job Applicants

12.1.      If your information is submitted to us through our Service when applying for a position with the Company, the information will be used to consider your application. We may retain your information for any period of time. This information may be shared with other companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.

 

  1. Your Consent

13.1.      By accessing or using the Services or by providing your information, you consent to the collection, use, storage, disclosure and otherwise processing of your information (including sensitive personal information) on the Services in accordance with this Privacy Policy. If you disclose to us any personal information relating to other people, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

13.2.      You, while providing your personal information in relation to the Services or any partner platforms or establishments, consent to us (including our other corporate entities, affiliates, lending partners, technology partners, marketing channels, business partners and other third parties) to contact you through SMS, instant messaging apps, call and/or e-mail for the purposes specified in this Privacy Policy.

 

  1. Changes to this Privacy policy

14.1.      We reserve the right to amend this Privacy Policy from time to time to reflect changes in the law, our data collection and use practices, the features of our services, or advances in technology. Please check this page periodically for changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes to this Privacy Policy, we will post the changes here. Please review the changes carefully. Your continued use of the Services following the posting of changes to this Privacy Policy will constitute your consent and acceptance of those changes.

 

 

  1. Contact us

15.1.      If you have any queries relating to the processing/ usage of information provided by you or the Company’s Privacy Policy or if you would like to raise any other inquiries, you may email us at the contact information provided above under section 11 of this privacy policy

Intellectual Property Policy

Intellectual Property Policy

Company (as defined in the Terms & Conditions) respects all third party intellectual property. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please refer to the procedure for registration of a complaint mentioned herein below.

To facilitate and assist people and organizations protect their intellectual property rights and as a trust building exercise between Company and its users, the Company has put in place this Intellectual Property Policy (“IP Policy”) to identify and remove infringing or unlicensed items and material listed on its Platform (as defined in the Terms & Conditions) when an owner of intellectual property reports such infringement to us. The IP Policy is made in compliance with the applicable Indian Laws.

1. Intellectual Property

For the purpose of this IP Policy,“Intellectual Property” includes the following:

  1. “Trade Marks” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from of the others and may include service marks, logos, designs, trade dress, shape of goods, their packaging or combination of colours, as are duly registered and/or pending registration under the Trade Marks Act, 1999.
  2. “Copyrights” in, copyrighted works and copyrighted materials i.e. literary, dramatic or musical work or artistic work, owned, acquired or validly licensed to any person in terms of the Copyright Act, 1957.
  3. Other intellectual property rights legally valid and recognised in India such as trade secrets, proprietary know-how, any patentable or non-patentable inventions, discoveries or any modifications, adaptations, derivatives or improvements of each of the above.

2. Eligibility to Report

If you are the owner/valid licensee of any Intellectual Property in any content (“IP Owner“) available/uploaded on Platform without your consent, or you believe that your content has been copied/misused in any way that constitutes infringement of your Intellectual Property rights, you may report the same to Company.

3. Procedure to report Intellectual Property right infringement

3.1 IP Owner is required to email us at legalsupport@meesho.com; a notice of infringement in the format set out in SCHEDULE I here to (“Notice Form“) specifying the allegedly infringing listings on Platform.

3.2 Company, on receipt of the Notice Form, may satisfy itself with the (a) genuineness of a duly and completely filled Notice Form and (b) the veracity thereof. Basis the same, Company may:

  1. immediately delist the infringing products from the Platform;
  2. block the relevant supplier/reseller/vendor/merchant/advertiser account from Platform and/or bar such supplier/reseller/vendor/merchant/advertiser from listing any products on Platform.

4. Indemnity

IP Owner understands that by submitting Notice Form, IP Owner grants to Company, the right to inter alia forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Company for all claims brought by a third party against Company arising out of or in connection with the submission of a Notice Form.

5. Consequences of Incomplete/Frivolous Reporting

5.1 If the Notice Form is incomplete or Company opines (in its sole discretion) that the Notice Form is frivolous and/or fake, Company may not take any action as stated above and may, if it deems necessary, report to the relevant supplier/reseller/vendor/merchant/advertiser.

5.2 If relevant supplier/reseller/vendor/merchant/advertiser believes that a report against it is frivolous, such relevant supplier/reseller/vendor/merchant/advertiser may intimate Company about the same along with documentary proof thereof (“Counter Claim“).

5.3 Company may reactivate the account of such relevant supplier/reseller/vendor/merchant/advertiser and list the products on the Platform if Company is satisfied, in its sole discretion, of the genuineness of such Counter Claim. Company may require such supplier/reseller/vendor/merchant/advertiser to provide such information or documents, as it may deem fit for the said purpose.

5.4 You acknowledge that Company will exercise its discretion based on the documents and information provided by you and shall not independently verify the genuineness of your claim. Accordingly, Company shall not be held liable in any manner for any act/omission, so far as Company exercises reasonable and due diligence with respect to any Notice Form and/or a Counter Claim.

5.5 You acknowledge that Company is not a statutory or judicial body and may act or omit to act basis the documents provided to it either by an alleged IP Owner or relevant supplier/reseller/vendor/merchant/advertiser. You accordingly, acknowledge that Company shall not be liable for any such action or omission.

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