I. INTRODUCTION
AG Mice Bug Pvt. Ltd. (the “Firm”), an entity duly incorporated under the Limited Liabilities Partnership Act 2008, owns and operates the interactive website www.micebugs.com and its mobile-friendly website interface (the “Site”). For the purpose of these Terms of Use (the “Terms”), the use of “we”, “us” and “ours” refers to the Firm and “you”, “your” and “yours” refer to the User.
These Terms constitute a legally binding agreement between you and the Firm regarding your use of the Site. By accessing this Site, whether as a "Visitor" (meaning you simply browse the Site for informational purposes) or as a "User" (meaning you have registered yourself on the Site), you agree to be bound by these Terms and the Privacy Policy provided on the Site.
The Firm reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms, at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of the Site following the posting of changes shall mean that you accept and agree to the changes.
Please note that this document is an electronic record in terms of Information Technology Act, 2000 and the rules thereunder as applicable and the provisions relating to the 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.
You are hereby requested to read the terms very carefully, as your access to the Site and use of the service is subjected to your acceptance and compliance with these terms
II.GENERAL TERMS GOVERNING THE SERVICES
1. SCOPE OF SERVICES
1.1. These Terms shall apply to every person who accesses the Site as a Visitor for gaining information about the Firm and the Services offered; or has registered on the Site, i.e. User, for availing the Services.
1.2. All Services and other information displayed on the Platform constitute an "invitation to offer". Your order for purchasing the Services available on the Platform by raising a purchase order shall constitute an “Offer”. The Firm reserves the right to accept or reject this Offer, based on several factors as per the Firm’s discretion. Our confirmation to your order shall constitute the “acceptance of offer”.
1.3. The Firm reserves the right to accept or reject the subscription request, as per the Firm’s discretion.
1.4. The Firm reserves the right to delete your account or restrict your access to the Site if you are found acting in contravention of the Terms and/or the Privacy Policy.
1.5. You, by accessing or using the Site, acknowledge that you are aware of the Terms, have read and understood them and thereby agree to be bound by it.
2. WHAT WE PROVIDE
2.1. The Firm through its Site, provides products and services required for daily office use, including but not limited to (i) providing office requirements for daily functioning, like Printing collateral, Stationery, Gifting items, Capital Goods like AC, DG Sets, Modular Furniture, Chairs etc (collectively referred to as the "Products") and (iv) providing services like temporary staffing services, housekeeping services, security services and any other services required for day to day functioning of the User (the ‘Services’). (v) Any other specialty or additional services as the Firm may offer to its Users from time to time.
2.2. The Firm functions as an aggregator, wherein we shall be routing procurement requests through from the manufacturers/producers/dealers. The Users understand that the Firm is not the manufacturer/producer/designer for the Products and Services availed by the User(s) via the Site, therefore the Firm does not provide any warranty and representation about the authenticity and quality of the Product or service. The Users are encouraged to exercise ordinary prudence and diligence before purchasing the Products or availing the Services.
2.3. To the extent you access the Site through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. For purchasing our Products and/or Services, you agree that we may communicate with you through SMS, MMS, emails, text message, or other electronic means for the purpose of providing information regarding your order. Further, you allow the Firm to send you push notifications, reminders and alerts to your mobile device for the purpose of providing you with offers, deals, new products, sale or any other information that would be of relevance to you, in our opinion. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of the Firm and the Firm owes no responsibility to provide you any information regarding such change.
3. SUBSCRIPTION ELIGIBILITY
3.1. For using the Services, the User agrees that he is eligible to enter legally binding contracts under the applicable law. Individuals or legal entities who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are ineligible to enter into transactions with the Firm, and their access to the Site shall be restricted or blocked as soon as the Firm becomes aware of the same.
3.2. In the case of a legal entity, you represent that you have the necessary authority to bind the entity under these Terms.
3.3. The Firm reserves the right to the right to restrict your access to the Site and refuse to provide you with access to the Site if the Firm discovers that you are below 18 years of age and do not have the required approval from your parents/legal guardian.
4. ACCOUNT REGISTRATION AND USE
4.1. For availing the Services, you are required to create an account on the Site, without which you shall be unable to transact with the Firm.
4.2. For registration and creation of your profile on the Site, you may be asked to submit certain personal data, i.e. name, address, contact number, and email Id, amongst other matters. For verification of your account, we also require scan copy of your Id proof like Aadhar Card; PAN for legal entities, amongst others. Please note that for purchasing the Products or availing the Services on the Site, you shall have to provide us with your Sensitive Personal Data.
4.3. For successful creation of the account, you shall have to assign a user id and unique password to protect the account. It is your responsibility to keep your account details i.e. login id and the password, confidential at all times.
4.4. The Firm may call/email the Users in relation to the availed Services or as a part of the other activities undertaken by the Firm; however, any representative of the Firm would never contact the User to inquire about their log-in credentials or bank account details, therefore you are strictly advised not to share such information with any third person. Further, you are requested to inform us immediately regarding such faux calls/emails to enable us to take appropriate steps towards the same.
4.5. You hereby accept the responsibility for all activities that occur under your account. The Firm shall not be liable to any person for any loss or damage which may arise as a result of any failure by the User to protect the account credentials or any other details. For any suspected breach, the User should contact us immediately.
4.6. You agree to use the Services provided by the Firm for lawful purposes only and shall comply with all applicable laws and regulations while using and transacting on the Site.
4.7. The Firm reserves the right to refuse the Services, terminate User accounts, remove or edit the content on the Site or cancel an order in its sole discretion.
4.8. You agree to provide true, accurate, current and complete information about yourself as required by the Firm during the registration process; and for any changes in this data at a later stage, the User shall promptly inform the Firm.
4.9. In case, any information provided by you is found untrue, inaccurate or incomplete or the Firm suspects such information to be untrue or inaccurate, the Firm shall have the right to indefinitely suspend your account or terminate your Subscription, thereby restricting your Site usage. Further, the Firm may initiate appropriate legal proceedings against you at its sole discretion.
5. PRICING AND PAYMENT PROCEDURE
5.1. The User acknowledges that the prices displayed on the principal display panel of the Site are exclusive of taxes. The final price, inclusive of the applicable taxes, shall be displayed on the payment page. The details of the products and prices are published in accordance with the Legal Metrology Act, 2009 and the rules made thereunder and other applicable laws.
5.2. The Firm does not either directly or indirectly influence the price of the products and shall not be liable for any manufacturing defect, faulty product received, warranty claims.
5.3. The Firm endeavors to provide accurate pricing information for the Services, howsoever typographical and other errors may occur. In the event any service is listed at an incorrect price or with incorrect information, we may contact you to either provide a solution or to cancel your order(s). In such a scenario, the payment shall be returned to the User within 30 (thirty) business days of such cancellation
5.4. The Firm uses third-party payment providers to receive payments from the User, and therefore, the Firm shall not be responsible for delays or erroneous transaction or cancellation of order due to payment issues.
5.5. The User agrees that the Firm takes utmost care while dealing with third-party payment providers, but does not control their systems, processes, technology, and workflows, hence the Firm cannot be held responsible for any fault at the end of payment providers.
5.6. Please note that the Firm shall not be held liable for any additional fee or amount charged by the bank as a convenience fee for processing the transaction.
5.7. Any subscription charges paid by User hereunder shall be non-refundable in nature.
6. CANCELLATION AND REFUND POLICY
6.1. For information on the cancellation and refund, the Users are advised to refer to the refund policy available on the Platform
7. CONTENT, INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
7.1. Except for the information posted by the User, all the content on the Site including without limitation the data, logos, images, graphics, slogans, text, content, software, code, illustrations, icons, programs, (the “Uploads”); the look and feel of the Site; and the compilation and arrangement of the Uploads belong exclusively to the Firm. The User’s access or usage of the Site does not confer upon them any right or license in the intellectual property or proprietary information of the Firm as stipulated herein.
7.2. The Site may contain certain images that are owned by third – parties and such images have been posted on the Site after taking due permission from their rightful owners. All intellectual property rights related to these images are subject to the intellectual property rights of their owners and the Users are advised not to use them.
7.3. Any violation of the intellectual property rights of the Firm in any jurisdiction is subject to legal sanctions imposed by intellectual property laws in that jurisdiction.
7.4. In addition to the images as mentioned under Clause 7.2, the Platform may use certain images that are available widely on the Internet but the owners of such images are unknown. Such images are used on the Platform for reference only and shall be pulled down from the Platform if the rightful owner of such images raises a request. The User may also be held responsible for using such images
7.5. The Firm does not claim any ownership on the information uploaded or submitted by the Users and the same shall belong to the User solely. The Firm is under no obligation to monitor the information and content as stipulated herein and does not attest to the veracity, accuracy, credibility, authenticity or integrity of such information and content.
7.6. For any content posted by you on the Platform that violates the intellectual property rights of a third party, you shall be liable for such violation and the Firm holds no liability towards the same.
7.7. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Site. For the removal of doubt, it is clarified that the reproduction or copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Site is not permitted.
7.8. The User shall not use, post, modify, distribute or reproduce any content where the intellectual property and proprietary rights of such content belongs to the Firm, without obtaining the prior written consent of the Firm. Failure to abide by the same shall entitle the Firm to take appropriate legal actions against such User in addition to deletion of their profile and restriction of their access to the Site.
7.9. You grant the Firm the authority to download and/or print partly or wholly any content that you post on the Platform.
8. PROHIBITED CONTENT AND ACTIVITY
8.1. The Firm, in its sole discretion, reserves the right to determine whether the content posted by the User; or any activity in which the User is engaged, is prohibited or not. In case we find any such content or activity to be inappropriate we shall delete such content from the Site without notifying you. Additionally, the Firm may terminate your account immediately and you shall be liable to indemnify the Firm for the losses suffered by it due to your involvement in such activity. The extent of such damages shall be determined directly by the Firm.
8.2. Some example of prohibited content or activity include the prohibition to display, upload, modify, publish, transmit, update or share any information that:
a) Belongs to another person and to which the User does not have any right to;
b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c) harms minors in any way;
d) infringes any patent, trademark, copyright or any proprietary rights or violates any other law for the time being in force;
e) contains software viruses or any other computer code, files or programs to interrupt, destroy or limit the functionality of any computer resource;
f) impersonates another person;
g) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
h) contains defamatory language for the Firm, other Users or any third party; and
i) contain any untrue content with the sole intention of misleading other Users.
8.3. The User understands that the list provided under Clause 8.2 is not exhaustive and the Firm reserves the sole authority to determine what amounts to prohibited content or activity.
9. TERMINATION
9.1. We reserve the right to terminate your account and refuse to provide you with access to the Platform if we discover that you are below the age of 18 years and do not have the required approval from your parents/legal guardian.
9.2. We may restrict your access or block your account at any time due to any action or omission which we deem as inappropriate and unlawful according to our standards.
9.3. The User agrees that in event of termination, the User shall be under the obligation to pay for the Services availed by the User before such termination. Default in clearing payments shall attract legal implications against you, for which you own the complete liability.
10. INDEMNITY AND DAMAGES
10.1. The User shall indemnify and hold harmless the Firm against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by the Firm as a result of or arising out of a User’s (a) breach or violation of the provisions stipulated in these Terms of Use (b) breach of any representation or warranty (c) violation of the intellectual property or proprietary right of the Firm or any third-party (d) violation of the privacy, confidentiality, information or any other right of the Firm or any third-party (e) violation of the applicable laws (f) any act, omission, fraud, misrepresentation on part of the User. The User further agrees and acknowledges that the extent of such loss or damages shall be determined by the Firm in its sole discretion and the decisions of the Firm on the same shall be final and binding on the User.
10.2. The User shall indemnify the Firm for any loss or damage that may be caused to the Firm due to any negligence/action/inaction of the User. The User further agrees and acknowledges that the extent of such loss or damages shall be determined by the Firm in its sole discretion and the decision of the Firm on the same shall be final and binding on the User.
10.3. The foregoing right to indemnity shall be in addition to any other right that may be available to the Firm in equity or under applicable laws. The indemnity rights shall survive the termination of these Terms and User’s Site usage.
11. DISCLAIMER
11.1. The information and the content available on the Site are on ‘as is’ and ‘as available’ basis. The Firm disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non-infringement or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. The Firm does not guarantee any specific results from the Site usage.
11.2. The Firm does not warrant that the Products or Services provided through the Platform shall:
a) Exactly address your concerns, requirements and issues; and
b) Be precise and/or free from all blunders
11.3. The Firm may from time to time make the Site unavailable, with or without notification, to the Users to carry out maintenance; repair or upgrades and the Users acknowledge and agree that the Firm shall not be liable for any interruptions or loss of services as a result therefrom.
12. DELETION OF PROFILE
12.1. The Firm reserves the right of deleting your profile and blocking your Platform usage in instances where you are found acting in contravention of Clause 8 relating to the upload of prohibited content or you are involved in any prohibited activity.
12.2. The Firm reserves the right of deleting your profile and blocking your Site usage in instances at its sole discretion if your actions or any omission to act breaches the Terms or the Privacy Policy, either directly or indirectly.
12.3. In such cases, you shall be under the liability to indemnify the Firm for the losses suffered by it. You agree and acknowledge that the extent of such loss and damages shall be determined by the Firm in its discretion and the decision of the Firm on the same shall be final and binding.
13. LINKS TO THIRD PARTIES
13.1. The Site may contain third-party information and links to other websites over which the User acknowledges that we have no control and we do not guarantee for the nature, content and availability of these third-party Webpages. We take no warranty or responsibility, express or implied for the content, reliability and security of the linked websites and we do not endorse the content or any products or services of any kind available on them.
13.2. If you decide to access any third-party websites and use the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or involve in any other activity, you do so entirely at your own risk.
13.3. We accept no liability for damage or loss, however, caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.
14. NO LIABILITY AND NO WARRANTY
14.1. The information contained on the Platform is for general information purposes only and is provided on “as is” basis. While we endeavor to keep the information up to date and correct, the Firm makes no representation or warranty of any kind, expressed or implied, as to the operation of the Platform, including but not limited to, any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. Any reliance you place on the Platform’s information is therefore strictly at your own risk. In no event, the Firm assumes liability for any loss or damage including without limitation, indirect or consequential loss or damage, whatsoever arising out of or in connection with the use of the Platform, omissions or errors (including, without limitation, typographical errors and technical errors) in the information, which is subject to change without notice.
14.2. The Firm does not confirm the accuracy, credibility, authenticity or veracity of any information provided by the Users on the Platform and does not promote or endorse the same. Any loss, liability, expenses, damages or judgments incurred by a User as a result of reliance on or any action taken on such information shall be borne solely and exclusively by the User and the Firm shall not bear any liability or responsibility for the same. The User shall solely and exclusively be responsible for verifying the information, data and content of other Users prior to any engagement by conducting the requisite due diligence and background checks for the same.
14.3. The Firm shall not be liable, whether in contract or in tort in any manner whatsoever for i) any interruptions in the services ii) delay in access or interruptions on the Site iii) loss, theft, non-delivery, destruction, corruption, of data iv) any loss or damage incurred as a result of your access or usage of the Site v) occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Site vi) inaccuracies or omission in content v) any other event beyond the control of the Firm.
14.4. The Sites’ use and any resultant connection, exchange, communications or transaction does not constitute legal advice, opinion, counseling, recommendation on part of the Firm and any loss, liability, expenses, damages, judgments incurred by any User as a result of the same shall solely and exclusively be the responsibility of and borne by such User and the Firm shall not bear any liability or responsibility for the same.
14.5. The Firm takes reasonable measures and precautions for the protection and security of the information provided by the User on the Platform; however, it shall not bear any responsibility or liability for any unauthorized or inappropriate use including without limitation any copying, printing, publishing, forging, reproductions, manipulation of the same by any other person or entity.
14.6. The Firm may from time to time make the Platform unavailable, with or without notification, to carry out maintenance; repair or upgrades and the Users agree and acknowledge that the Firm shall not be liable for any interruptions or loss of services as a result therefrom.
15. REPRESENTATIONS
By registering on the Platform, you (a) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of the Terms, as far as age, jurisdiction, laws of the land, etc. are concerned and (b) agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Platform and the Services provided through the Platform.
16. FORCE MAJEURE
Without prejudice to any other provision herein, the Firm shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond our control, including, without limitation, an act of God, embargo or other governmental action or regulation.
17. SEVERABILITY
In the event any provision is found to be invalid, illegal or unenforceable, such offending provision shall be severed, and the remaining provisions shall continue to be enforceable and shall preserve, as closely as possible, the intent of the Firm.
18. WAIVER
Failure to exercise or delay in exercising any right, remedy or privilege under the Terms will not operate as a waiver thereof.
19. PRIVACY POLICY
We want you to know that your privacy is of utmost importance to us and therefore the Firm follows certain practices as provided under the Information Technology (IT) Act, 2000 and Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. Please note that all your personal data is governed by the Privacy Policy available on www.o2o.ind.in and the applicable laws. You are advised to go through the same before sharing your personal data with the Firm. Your continued usage of the Site shall be deemed as your consent towards our Privacy Policy.
20. VIOLATIONS OF THE AGREEMENT BY OTHER USERS
In instances where you become aware that any User has been acting in breach of the Terms, you are requested to report the same to us at support@o2o.ind.in
21. LEGAL REMEDIES
The Firm reserves the right to seek all remedies available at law and in equity for violations of the Terms by the User.
22. JURISDICTION
These Terms are governed by the laws of India without giving effect to any principles of conflicts of laws and the usage of the Site by the User is subject to the exclusive jurisdiction of the courts located in Mumbai.
CONTACT US:
Kindly note that in case you face any trouble regarding the Site or wish to report a security breach or have an issue that you are unable to resolve or otherwise require any other assistance concerning the Site or the Terms, you may contact our Grievance Officer at the below-mentioned details:
Email: info@micebugs.com