Terms of Use

Terms of Use

Welcome to https://mpop.in

This document is an electronic record in terms of Information Technology Act, 2000. It is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://mpop.in  (hereinafter referred to as “Website”). This electronic record is generated by a computer system and does not require any physical or digital signatures.

The Website is owned by Mitpal Enterprises Private Limited, having its registered office at CTS 484, Chakala, Near Solitaire Park, 3rd Floor, B-305, Rustomjee Central Park, Andheri Kurla Road, Andheri (East), Mumbai 400067.

Your use of the Website is governed by the following terms and conditions (“Terms of Use”) as applicable including the applicable policies which are incorporated herein by way of reference. By mere use of the https://mpop.in, You shall be contracting with Mitpal Enterprises Private Limited, the owner of the Website. These terms and conditions including the policies constitute Your binding obligations, with GoEcomm.in.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Website by providing data while registering on the Website as Registered User.

The term ” We”, “Us”, “Our” shall mean https://mpop.in, Mitpal Enterprises Private Limited and its affiliates.

When You use any of the services provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they shall be deemed to be considered as a part of these Terms of Use.

We reserve the right, at Our sole discretion, to change, amend, add or delete any provision of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for any updates/amendments. Your continued use of the Website following the updates/ amendments shall mean that You accept and agree to the same. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By accepting these Terms of Use, You also accept and agree to be bound by Our policies including but not limited to Privacy Policy as amended from time to time.

1. User Account, Password, and Security

If You use the Website, You shall be responsible for maintaining the confidentiality of your User Name and Password and for restricting access to your device to prevent unauthorised access to your account.

You shall be responsible for all activities that occur under your User Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website.

You shall keep you User Name and Password confidential and secure and inform us immediately if you have reason to believe that it is being used in an unauthorised manner. You agree to ensure that you exit from the account at the end of each session.

2. Products, Services and Payment Terms

https://mpop.in provides Products through the Website. The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of these Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. which have been stated by the Seller.

In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Payment for the products can be made only through any card issued in India or through UPI. Payment through cash on delivery, internet banking and mobile banking cannot be made.

3. Cancellation of Orders

Orders once placed cannot be cancelled by You. We reserve the right to cancel any order under certain criteria at any stage of the product delivery. The criteria include the following:

  • Products ordered are not for self-consumption but for commercial resale.
  • Multiple orders are placed for same product at the same address, depending on the product category.
  • Bulk quantity of the same product ordered.
  • Invalid address given in order details.
  • Any malpractice used to place the order.
  • Any order paced using a technological glitch/loophole.
  • Inability of the Seller to supply the order

4. Return Policy

The Products can be returned only if such returns are permitted by the Seller. At the time of creating a return request, You are required to confirm that the product being returned is unused and has the original tags intact.

Refunds shall be initiated only after the returned product is received by Us. If the product returned is used, damaged or if the original tags are missing, the User’s return request shall be declined, and the said product shall be re-shipped back to the customer.

The User shall not be eligible for refund, in case the return request is declined. In this regard, We assume no liability.

Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and We assume no liability with respect to the return or refund for the said re-shipped product.

5. Usage of Website

The Users utilize to meet and interact with one another for their transactions on the Website. We are not and cannot be a party to or control in any manner any transaction between the Buyer and the Seller.

Consequently:

  • All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and any after sales services related to products and services. We do not have any control or do not determine or advise or in any way involve ourselves in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
  • We do not make any representation or Warranty as to specifics (such as description, quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website and assume no liability in this regard.
  • We are not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers.
  • We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  • At any point of time, we do not or shall not hold any right, title or interest over the products nor have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
  • All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.

6. Representations by the User

  • You agree that the personal information/ data provided by you in the course of the use of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. In case you have any objection with respect to the manner in which Your information is being used or transferred, kindly do not use the Website.
  • You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    • belongs to another person and to which You do not have any right to.
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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.
    • 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 in nature.
    • impersonates any person.
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any device.
    • 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
  • You agree, understand and acknowledge that https://mpop.in is an online platform that enables you to purchase products listed on the Website at the price indicated therein at any time. You further agree and acknowledge that We are only a facilitator and cannot be a party to or control in any manner any transactions undertaken on the Website.
  • You will not undertake any activity which 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.
  • You will not solicit any of the Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us.

7. Website Content:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (hereinafter referred to as “Content”), is third party user generated content and We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Use.

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 use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

You may use information on the products and services purposely made available on the Website for downloading, provided that You

  • do not remove any proprietary notice language in all copies of such documents
  • do not make any modification to the information
  • use such information only for your personal use which is non-commercial
  • do not post such information on any network computer
  • do not broadcast it in any media,
  • do not make any representations or warranties pertaining to such information

8. Multiple Sellers

You understand that products of a particular style may be sold on the Website by multiple sellers and the product price on the listing page of the Website, may not always reflect the lowest price for that particular style. This is because the seller whose price is displayed on the list page is selected based on the application of a number of parameters and price is only one such parameter. However, once you land on the product display page on the Website for a specific style, You will have access to the price offered by all sellers on the Website for the relevant style.

9. Intellectual Property:

Website is controlled and operated by Us and products are sold by respective Sellers. All material on Website, including text, graphics, logos, images, illustrations, audio clips, video clips and software, are protected by copyright, trademarks, and other intellectual property rights. Material on the Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.

Any modification of the materials or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

If you post content any content or submit material to us, you grant Us and our affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

10. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect Your statutory rights.

11. Termination:

We may suspend or terminate your use of the Website or any Service if We believe, in our sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted in violation of the Terms of Use.

Some of the instances for suspension / termination are:

  • Use of invalid address, email, phone no
  • Excessive returns
  • Refund of wrong product
  • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue

12. Limitation of Liability:

In no event shall We be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • the use or the inability to use the Services or Products
  • unauthorized access to or alteration of the user’s transmissions or data
  • breach of condition, representations or warranties by the manufacturer of the Products
  • any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service.

We shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access.

The User understands and agrees that any material and/or data downloaded is done entirely at User’s own discretion and risk and they will be solely responsible for any damage to their device or loss of data that results from the download of such material and/or data. To the maximum extent that is permissible under law, Our liability shall be limited to an amount of the purchase value of the products purchased by You. We shall not be liable for any dispute or disagreement between Users.

13. Indemnity:

You shall indemnify and hold harmless https://mpop.in, Mitpal Enterprises Private Limited, our owners, affiliates, officers, employees and agents from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

14. Jurisdiction:

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. We make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access Website from other locations/Countries other than India do so on their own initiative and We are not responsible for supply of products for the products ordered to a location/s outside India.

15. Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India.

Disputes, if any shall be subject to the exclusive jurisdiction of courts / authorities based in Mumbai.

16. Disclaimer:

You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website.

You further acknowledge that you would be undertaking any transactions for your personal use only and not for any business purpose.

We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the Sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Website.

While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Website vest with Us nor shall We have any obligations or liabilities in respect of any transactions on Website.

17. Grievance Officer

In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

In accordance with the Information Technology Act, 2000 and rules made there under, you may contact our Grievance Officer at +91 97020 20272 or email him at info@mpop.in.