1. ACCEPTANCE OF TERMS
4. SERVICES AND NO EMPLOYMENT
4.1. For Customer and other Users: MOP is an application for mobile and handheld devices enabling consumers to transact with third party sellers/vendors (Vendors) including but not limited to professional doctors, freelancers, trained caregivers, etc., who have been granted permission by us to display and offer products for sale and services through the Platform. For abundant clarity, we do not provide any services to users other than providing the Platform, at select localities, as a means to transact with third party sellers/vendors/service providers, identified by the users of the Platform, at their own cost and risk, and other services as may be specifically notified in writing.
4.3. All commercial/contractual terms in relation to the purchase of the products listed on the Platform, including but not limited to price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products, etc. are offered by and agreed to between you and the Suppliers alone. MOP does not have any control whatsoever in the offering or acceptance of such commercial/contractual terms between you and the Supplier.
4.4. MOP is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between you and any Supplier listed on the Platform come into or take possession of any of the products or services offered by the Supplier. At no time shall MOP hold any right, title, or interest over the products nor shall MOP have any responsibilities, obligations, or liabilities in respect of such arrangement or contract entered into between you and any Supplier.
4.5. MOP is only providing a platform for communication and it is agreed that the contract of sale of any of the products or services shall be a strictly bipartite contract between the Customer and the Supplier. In case of complaints pertaining to quality, or any other such issues, MOP shall notify the same to the Supplier and they shall solely be liable for redressing Customer complaints.
4.6. MOP does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Suppliers listed on the Platform or the Services provided by any Service Provider. You are advised to independently verify the bona fides of any particular Supplier or Service Provider that you choose to deal with on the Platform and use your best judgment on that behalf.
4.7. MOP does not make any representation or warranty as to specifics (such as quality, value, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. MOP accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4.8. MOP is not responsible for any non-performance or breach of any contract entered into between you and any Supplier listed on the Platform. MOP cannot and does not guarantee the performance of any transaction concluded on the Platform by the supplier and/or Customer. MOP is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered, non-payment by Customers to Suppliers for services rendered or products delivered.
5. LICENSE TO ACCESS AND RESTRICTIONS
5.1. MOP hereby grants you a non-exclusive, revocable license to:
a) Access and use any content, information, and related materials that may be made available through the Services, in each case solely for your commercial use;
5.2. MOP grants you a limited sub-license to access and make use of the Platform, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of MOP. Such limited sublicense does not permit you to (i) decompile, reverse engineer or disassemble the Services except as may b permitted by applicable law; (ii) link to, mirror, or frame any portion of the Services; (iii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services’ or (iv) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
5.3. The Platform or any portion of the Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of MOP
7. MAINTAINING AN ACCOUNT AND ELIGIBILITY
7.2. Account registration requires you to submit certainly personal information to MOP, such as your name, address, mobile phone number and age, as well as valid government-issued identification and trade licenses (if applicable), government approvals allowing you to offer your services and/or requisite tax registrations. You agree to maintain accurate, complete, and up-to-date information in your Account at all times and you acknowledge that failure to do so shall result in your access to the Services being suspended without notice to you.
7.4. You may only possess one Account. If it is found that you possess multiple Accounts on the MOP Platform, your access to all Accounts on the MOP Platform will be permanently revoked without notice.
7.5. You hereby expressly acknowledge and agree that you and not MOP will be liable for your losses and damages (whether direct or indirect) caused by unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of MOP or others due to such unauthorized use.
8. TEXT MESSAGING
8.1. By creating an account, you agree that the Platform/Services may send you text messages as part of the normal business operation of your use of the Platform/Services. You consent to receive such text messages and acknowledge that any steps taken by you not to receive such text messages will affect your use of the Services.
9.1. The Platform allows you to place an order for product(s)/ services listed on our Platform and Suppliers will, subject to the terms and conditions set out herein, enable the fulfillment of such order.
9.2. You acknowledge and agree that MOP acts as the Supplier’s payment agent for the limited purpose of accepting payments from the Customer on behalf of the Supplier in case, you purchase product/ Service from the listed Supplier.
9.4. In connection with your order, you will be asked to provide customary billing information such as name, billing address, and credit card information either on the Platform or to a third-party payment processor. You agree to pay via the Platform or Cash on the Delivery mechanism for the order placed by you on the Platform, in accordance with these Terms. You hereby authorize the collection of such amounts by charging the credit card/debit card or other modes of payment as provided towards the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you maybe subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. The third-party payment processor shall solely be liable for maintaining data security with respect to your data collected and/or stored by them, we shall not be held responsible or liable, under any circumstances, for the security of the data collected by the third-party payment processor.
9.5. The final tax bill will be issued by the Supplier to you along with the order and we are merely collecting the payment on behalf of such Supplier [AR1] . All applicable taxes and levies, the rates thereof, and the manner of applicability of such taxes on the bill are being charged and determined by the Supplier. We hold no responsibility for the legal correctness/validity of the levy of such taxes.
9.6. MOP is solely an intermediary for the collection of payments and fees between the Supplier and the Customer. State and local tax laws vary significantly by locality and it is the Suppliers’ responsibility to determine their own tax reporting requirements. Additionally, any other applicable taxes (whether direct or indirect) that are liable to be deducted on behalf of the Supplier will be done so by MOP and the payment due to the Supplier from the Customer will be net of such deductions towards applicable taxes.
9.7. All the products listed on the Platform will be sold at MRP unless otherwise specified. Further, the prices reflected on the Platform are determined solely by the Supplier.
10. NO DISCRIMINATION
10.1. MOP prohibits discrimination against Suppliers or Customers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Such discrimination includes, but is not limited to, any refusal to provides products or services based on any of these characteristics. If it is found that you have violated this prohibition you will lose access to the MOP Platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.
11.1. You as a user may cancel your order anytime as permitted by the third party Supplier/Service Provider and this can be done via the Platform.
11.2. Orders may be canceled by MOP in any of the following cases: (a) if it is suspected that a user has undertaken a fraudulent transaction, or (b) if it is suspected that a user has undertaken a transaction which does not conform to or violates these Terms, or (c) in case of unavailability of product(s), or (d) for any reason outside the control of MOP including causes for delivery-related logistical difficulties.
11.3. The cost of certain products and services may not be current or may be inaccurate on account of technical issues, typographical errors, or incorrect product information provided to the A company by a third-party seller. In each such case, we have the right to cancel your order.
11.4. Any refunds on any of the aforesaid cancellations shall be in accordance with these Terms.
11.5. We shall be entitled to maintain a list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in the future.
12. RETURN AND REFUNDS [AR2]
12.1. In the event, you receive faulty/inferior quality products or products you did not order on the Platform ordered from the Supplier or in the event of the deficiency in the Services, the same may be intimated to the Supplier/Service Provider via the Platform. The Supplier/Service Provider, upon receipt of your intimation, shall refund your payment or replace your product, after their examination of the complaint and in the event the product warrants a replacement on the availability of the product you had ordered. MOP shall not be responsible for the same to You.
12.2. It is clarified that Return/Refund will be processed only if it is determined that;
a. The product was not damaged while in your possession;
b. The product is not different from what was delivered to you;
c. The product is returned in original condition (with brand’s/manufacturer's box, MRP tag intact and all the accessories therein, if applicable).
12.3. In the event of a refund, the Supplier shall credit the payment made by you against the product you had ordered in the bank account associated with your account within [•] days from the date of receipt of your intimation.
12.4. In the event of replacement, the Supplier shall, upon receipt of your intimation, deliver the product you had ordered free of cost and you shall be responsible for returning the faulty/inferior quality products or products you did not order to the Supplier at the time of delivery of the replacement product by the Supplier.
12.5. You acknowledge and confirm that MOP in all refund/replacement transactions is only acting as a facilitator between you and the Supplier and does not own/possess/handle any of the products of the Supplier and as such is not liable for ensuring the refund/replacement. All refunds and replacement shall be the sole liability of the Supplier you are transacting with when using the Platform.
12.6. In the event, the third-party seller does not consider the refund or replacement of the Product for reasons attributable to you, the payment made by you towards such product shall stand forfeited.
12.7. You acknowledge that some of the products listed on the Platform are classified by the Supplier as ineligible for return/refund/replacement due to their consumable/perishable nature.
13. YOU AGREE & CONFIRM
13.1. That in the event any product delivery is delayed or is returned from its destination on account of a mistake by you (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the third-party seller for re-delivery of the product(s) shall be borne by you.
13.2. We will not be held responsible for any delay or failure on part of the Supplier to make delivery, replacement, or refund of your order as we are only providing the Platform to facilitate order placement and delivery of products between you and the third-party seller.
13.3. You hereby agree that we shall not be liable for any conduct or misbehavior or actions of delivery agents of the Supplier with respect to any transactions initiated on the Platform.
13.4. You agree to use the Services provided by MOP for lawful purposes only, and comply with all applicable laws and regulations while using/accessing and transacting on the Platform.
13.5. You will provide authentic and true information in all instances where any information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point in time.
13.6. If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), MOP shall have the right in its sole discretion to reject the registration, cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to MOP.
13.7. You are accessing the services made available by MOP and transacting at your sole risk and are using your best and prudent judgment before entering any transaction through the Platform.
13.8. Before placing an order, you acknowledged having checked and reviewed the product description carefully and in sufficient detail. By placing an order on the Platform, you agree to be bound by the conditions of sale included in the item’s description without exception.
13.9. The delivery periods quoted to you at the time of confirming the order are an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
13.10. You shall undertake to provide adequate directions, information, and authorizations to the third-party seller for the purpose of enabling them to make deliveries of the products you order on the Platform. In this regard, you acknowledge and confirm that the responsibility of delivery of the products you order on the Platform lies solely with the Supplier. MOP shall, in no event, be liable for the failure of the Supplier to deliver your order.
14.1. You acknowledge and undertake that you are accessing the Services on the Platform and transacting with the Supplier listed on the Platform at your own risk and are using your best and prudent judgment before entering into any transactions. MOP is only a facilitator for placing orders between you and a Supplier and as such MOP does not make any representations or warranties in respect of the products and/or Services available on the Platform nor does MOP implicitly or explicitly support or endorse the sale or purchase of any products from any third-party seller on the Platform. MOP accepts no liability for any error, inaccuracy, or omission of third parties or for information/inputs received from third parties and provided to you through the Platform or otherwise.
14.2. You acknowledge and agree that MOP does not, at any time, have any right, title, or interest to any product(s)/ Services, which is subject to a bipartite sale and purchase contract between you, the Customer and the relevant Supplier. MOP does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s)/ Service and is not responsible for damages or delays on account of products that are out of stock, unavailable or back-ordered, or Services that are deficient or not as expected.
15. REVIEWS, FEEDBACK, SUBMISSIONS
15.1. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered on the Platform or otherwise disclosed, submitted, or offered in connection with use of the Platform (collectively, the “Comments”) shall be and remain the property of MOP. Such disclosure, submission, or offer of any Comments shall constitute an assignment to MOP of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, MOP shall exclusively own all such rights, titles, and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
15.3. You further agree that no Comments submitted by you on the Platform will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political a campaigning, commercial solicitation, chain letters, mass mails, or any form of ‘spam’.
15.4. MOP reserves the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Platform. You hereby grant MOP the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain, responsible for the content of any Comments you make and you agree to indemnify MOP and its affiliates against all claims, loss, and liabilities resulting from any Comments you submit.
16. INTELLECTUAL PROPERTY RIGHTS
16.1. MOP, its suppliers, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content, and other materials which appear on the Platform. Access to or use of the Platform does not confer and should not be considered as conferring upon anyone any license, sub-license to MOP’s intellectual property rights. All rights, including copyright, in and to the Platform are owned by or licensed to MOP. Any use of the Platform or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of MOP.
16.2. You may not modify, distribute or re-post anything on the Platform for any purpose. The names and logos and all related product and service names, design marks, and slogans are the trademarks/service marks of MOP, its affiliates, its licensors, its partners, or its Suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Platform. Access to or use of the Platform does not authorize anyone to use any name, logo, or mark in any manner. References on the Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply MOP’s endorsement, sponsorship, or recommendation of the third party, the information, its product or services.
16.3. MOP is not responsible for the content of any third-party sites displayed on the Platform and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party website, you do so entirely at your own risk and expense.
17. OBJECTIONABLE MATERIAL
17.1. You understand that by using the Platform or any services provided on the Platform, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Platform and any Service at your sole risk and that to the fullest extent permitted under applicable law, MOP and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.
18. LIMITATION OF LIABILITY
18.1. The aggregate liability of MOP, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged by a Supplier from a Customer for purchases made pursuant to an order under which such liability has arisen and been established.
18.2. It is acknowledged and agreed that notwithstanding anything to the contrary, MOP shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential, or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
21. GOVERNING LAW, JURISDICTION & DISPUTE RESOLUTION
21.2. Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by MOP. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The venue of arbitration shall be Hyderabad and the language of the arbitration shall be English.
21.3. Subject to the aforesaid, the Courts at Hyderabad shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.
Please confirm if the bill will be issued by the Supplier/ service provider/ vendor OR MOP will generate an invoice on behalf of the service provider/supplier, in the Supplier’s name and send it to the Customer via the Platform and any other mode of communication.
In the interest of sharing a complete and comprehensive draft, we have detailed a return and refund process while clarifying that MOP is just an intermediary. If MOP wants this is be based on each individual Supplier, the clause can be modified accordingly.