Posted as of 18 October 2021
Last updated as of 18 October 2021
This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Website is created and operated by M/s My Mak Buddy. (hereinafter referred to as “We”, “Our”, and “Us”) having its registered address at “Majorkhul M.G. Avenue, Imphal West, Manipur-795001”. We intend to ensure your steady commitment to the usage of this website and the services provided by us through our website and the sub-domains “www.mymakbuddy.in” (“Website”)
ACCOUNT AND REGISTRATION
Registration is mandatory for any transactions on our Website. Users can choose to register on the Website or browse and buy without registration.
Users can link their social media platforms during the registration process.
For the purpose of onboarding, you as Vendor on the Platform, you agree to furnish your details and information as requested by us from time to time. As of the date of this Policy, you will be required to provide the Company with
- Email Id
- Mobile No/Contact No
- Address of the Store/Outlet
- Identity proof such as Passport, Aadhar Card, Driving License, Voter ID card, PAN Card etc.
- Vendor shall upload the above-mentioned details by going to vendor dashboard > Settings > Verification.
T&C for the Delivery Drivers Services:
- The Platform shall make the local delivery drivers available for the sellers/vendors on their demand and a very minimal charge however, the rates shall be determined by the Platform and shall also reserve sole right to make any changes on the rates/charges as may be required from time to time.
- The delivery rates provided by the sellers/vendors will be posted on the website which shall be based on the weight and size of the order/package.
- The demand for the delivery drivers can be made on https://delivery.mymakbyddy.in (please note that currently, this site is not functional, as it is still under construction, however, we shall update the same shortly). Further, we are in the process of incorporating a system wherein the sellers/vendors can have their own delivery drivers and assign themselves via Platform.
- Please note that the services of delivery drivers shall be based on subject to availability and hence it is advised that vendors/sellers shall not completely be dependent on the Platform. Further, the Platform shall not be held liable for non-delivery of orders due to the non-availability of drivers in the company after acceptance/approval of orders by the seller/vendor from the customers.
The Platform provides a one-stop solution for all business to business and business to customer sales of products and services including but not limited to wholesale of products through our e-commerce platform. It deals in providing e-commerce services connecting vendors and sellers to sell their products on the platform. Further, the Platform aims in delivering modern trade and business services in an efficient manner using standard processes and tools. The Platform is wholly into physical products, digital products, subscription and booking products and booking products can be either rentals or room bookings and services etc. The user shall be redirected to the respective products through our e-commerce website through the “Buy Now” link below the product or by adding to the cart and checking out. The responsibility and onus of fulfilling orders of customers lie with the Vendors.
- You shall not use the Website if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
For making all payments for purchases on the Website, you shall be required to make payment for which you will be redirected to a third-party payment gateway, that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI, PayPal and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.
We shall charge you a commission for every online transaction while making a purchase by the user. The payment for the transactions will be received by us and then subsequently transferred to the account of the respective vendor. The Vendor can withdraw the amount due for payment after three days of marking the order complete after placing a withdrawal request and the due amount will be credited within 3-4 working days to the Vendor’s account. The transferred amount may take 24 hours to 14 days to reflect in the account of the Vendor.
COMPLIANCE ON SELLING OF SERVICES
The Vendor 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 the vendor’s responsibility to charge appropriate goods and services taxes on the supplies affected and remittance of the same to the Government. The Company shall not be responsible for any deficiency and/ or omission on the vendor’s part.
According 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 the 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, the vendor shall be required to provide all relevant information to the 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.
Vendors shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every service listing. In case the vendor fails to provide the HSN code number that particular service will be delisted and will no longer be able to provide the service on our platform.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Website.
All the Content displayed on the Website is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and whilst feedback and comments by You can be made via the Website, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Website. Further, the Website reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Website or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website. You shall not copy, adapt, and modify any content without written permission from Us.
- Your use of the Website,
- Your violation of any rights of another;
- Your conduct in connection with the Website;
You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.
In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Website and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
- We are not responsible for any consequences arising out of the following events:
- If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If you have fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- If there is any deficiency or defect in the Services managed by Us;
- If there is a failure in the functioning of any other service provided by Us.
- The Website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Website or any service availed of by Us through the Website. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Website.
- To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
- You may terminate your use of the Website at any time.
- Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
- It is also hereby declared that we may discontinue the Services and Websites without any prior notice.
- We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
- We also reserve the universal right to deny access to You, to any/all of are on its Website without any prior notice/explanation to protect the interests of the Website and/or other Users of the Website.
- We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this Website and providing Your identity and contact information to Us through the Website, You agree and consent to receive calls, e-mails, WhatsApp messages or SMS from Us and/or any of its representatives at any time.
You can report to [email protected] if you find any discrepancy with regard to Website or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledges that you are a restricted user of this Website and you:
- Agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity to register. We are not liable if you have provided incorrect information.
- Agree to ensure the Name, Email address, Address, Location, Mobile number, Verification Document and any such other information that may be provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
- Agree that we shall use Facebook Ads to deliver advertisements to site visitors, without prior consent from the vendor/sellers listed on the website.
- You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close your account at any time for any or no reason.
- The Website does not bear any liability towards the quality of the product. The Website simply hosts the different Vendors who list their products on the Website.
- Authorise the Website to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalisation of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission.
- Agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of your access to the Website. We disclaim any liabilities arising concerning such offensive content on the Website.
- Expressly agree and acknowledge that the Content generated by the Users and displayed on the Website is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Website, at our sole discretion.
You further undertake not to:
- Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other viewer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
- Disrupt or interfere with the security of or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked Websites.
- Violate any code of conduct or guideline which may apply for or to any particular service offered on the Website;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Website;
- You hereby expressly authorise Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
- By indicating Your acceptance to use any services offered on the Website, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
- You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
- You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the Website without prior intimation whatsoever.
- You agree not to post any material on the Website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which you have no right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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; 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;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website, and/or refuse to the usage of the Website, without being required to provide you with notice or cause:
- If you have provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
You shall not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the website, or that in any manner disparages or discredits the website, to be determined in the sole discretion.
You are aware of all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Website through which You can communicate with other users and the Website does not own any of the intellectual property relating to the independent content displayed on the Website, apart from created graphics and specified content.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- You further agree and undertake that you are accessing the Website at your sole risk and that you are using the best and prudent judgment before availing of any features on the Website or accessing/using any information displayed thereon.
- You agree that any kind of information, resources, activities, recommendations obtained/availed from the Website, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
- We do not guarantee that the features and content contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and You hereby expressly accept any associated risks involved with your use of the Website.
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorised.
DISPUTE RESOLUTION AND JURISDICTION
Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Imphal West, Manipur, India.