By accessing this webpage, you are agreeing to be bound by these Terms
and Conditions (“Terms") in a legally binding agreement
between us (“Merchant”or“us” or
“we”or“our” ) and the User
(“you” or “your”). Please read these
Terms carefully before accessing or using the Website. If you do not agree to
the Terms, you may not access the Platform.We reserve the right to update and
change the Terms and Conditions by posting updates and changes to the Platform.
You are advised to check the Terms and Conditions from time to time for any
updates or changes that may impact you. If at any point such amendments are not
acceptable to you, we advise you to cease using the Platform at such time. ELIGIBILITY You hereby represent and warrant
that you have the right, power, and authority to agree to the Terms, to become
a party to a legally binding agreement and to perform your obligations here
under. DEFINITIONS “Payment
Instrument” includes credit card, debit card, bank account, prepaid
payment instrument, Unified Payment Interface (UPI), Immediate Payment Service
(IMPS) or any other methods of payments which shall be developed or added or
deployed by banks and financial institutions from time to time.
“Platform” refers to the website or platform where the
Merchant offers its products or services and where the Transaction may be
initiated. “Transaction” shall refer to the order or
request placed by the User with the Merchant to purchase the products and/or
services listed on the Platform by paying the Transaction Amount to the
Merchant; “Transaction Amount” shall mean the amount paid
by the User in connection with a Transaction; and
“User/Users”, means any person availing the products and/or
services offered on the Platform; “Website” shall mean
www.instamojo.com or the mobile application
MERCHANT'S RIGHTS You
agree that we may collect, store, and share the information provided by you in
order to deliver the products and/or services availed by you on our Platform
and/or contact you in relation to the same.
YOUR RESPONSIBILITIES You agree
to provide us with true, complete and up-to-date information about yourself as
may be required for the purpose of completing the Transactions. This
information includes but is not limited to the personal details such as name,
email address, phone number, delivery address,age, and gender (or any other
information that we may deem necessary for us to fulfil the Transaction) as
well as the accurate payment information required for the transaction. PROHIBITED ACTIONS You may not access or use the Platform for
any purpose other than that for which we make the Platform available. The
Platform may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us As a User of the
Platform, you agree not to: Systematically retrieve data or other content from
the Platform to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us. Make
any unauthorized use of the Platform, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses. Circumvent, disable, or otherwise interfere with
security-related features of the Platform, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Platform and/or the Content contained therein. Trick, defraud, or mislead
us and other users, especially in any attempt to learn sensitive account information
such as user passwords. Make improper use of our support services or submit
false reports of abuse or misconduct. Engage in any automated use of the
system, such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools.Interfere with,
disrupt, or create an undue burden on the Platform or the networks or services
connected to the Platform. Attempt to impersonate another user or person or use
the username of another user Use any information obtained from the Platform in
order to harass, abuse, or harm another person. Use the Platform as part of any
effort to compete with us or otherwise use the Platform and/or the Content for
any revenue-generating endeavor or commercial enterprise. Decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Platform. Attempt to bypass any measures of the
Platform designed to prevent or restrict access to the Platform, or any portion
of the Platform. Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Platform to you. Copy or adapt
the Platform's software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code. Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that
interferes with any party's uninterrupted use and enjoyment of the
Platform or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Platform. Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Platform. Use the
Platform in a manner inconsistent with any applicable laws or regulations. LIMITATION OF LIABILITY The User agrees
that the only recourse that the User has in the event of receiving a defective
product and/or deficiency in service or a product and/or service which does not
match the provided description is to initiate the refund process which will be
subject to the terms for refund under this agreement. We hereby expressly
disclaim any liability to them for any losses. The User shall indemnify and
hold harmless the Merchant and its affiliates, agents and representatives from
and against any and all claims, demands, causes of action, obligations,
liabilities, losses, damages, injuries, costs and expenses incurred or
sustained by reason of or arising out of any breach or alleged breach of any of
the terms herein by the User
GUIDELINES FOR REVIEWS We may
provide you areas on the Platform to leave reviews or ratings. When posting a
review, you must comply with the following criteria: You should have firsthand experience
with the person/entity being reviewed. Your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hate language. Your
reviews should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or
disability. Your reviews should not contain references to illegal
activity. You should not be affiliated
with competitors if posting negative reviews. You should not make any
conclusions as to the legality of conduct.
You may not post any false or misleading statements. You may not
organize a campaign encouraging others to post reviews, whether positive or
negative. We may accept, reject, or
remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully
paid, assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform and/or distribute all
content relating to reviews.
GOVERNING LAWS & DISPUTE RESOLUTION Please note that these terms of use, their
subject matter and their formation, are governed by the laws of India . You and
we both agree that the courts of India will have exclusive jurisdiction over
any dispute. Any dispute or claim arising out of or in connection with or
relating to these Terms or their breach, termination or invalidity hereof
(“ Dispute”) shall be referred to and finally resolved by
arbitration in Bengaluru in accordance with the Arbitration and Conciliation
Act, 1996 for the time being in force, which rules are deemed to be
incorporated by reference in this clause 12.2. Within 30 (thirty) days of the
issue of a notice of Dispute, the parties shall mutually agree on the
appointment of a sole arbitrator. If such mutual agreement is not arrived at
within the aforesaid 30 (thirty) days' period, the parties shall
appoint such sole arbitrator in accordance with the Arbitration and
Conciliation Act, 1996. The seat of arbitration shall be India and the
arbitration proceedings shall be conducted in the English language. The parties
shall keep the arbitration confidential and not disclose to any person, other
than those necessary to the proceedings, any information, transcripts or award
unless required to do so by law. The decision of the arbitrator shall be final
and binding on all the parties hereto. The parties hereto agree that their
consent for resolution of Dispute through arbitration shall not preclude or
restrain either of them from seeking suitable injunctive relief in appropriate
circumstances from courts in Bengaluru. The cost of arbitration shall be borne
in the manner and by a party as determined by the arbitrators. In the meantime,
each party shall bear its own cost for the arbitration which shall be
reimbursed as per the directions in the arbitral award. GRIEVANCE REDRESSAL You agree that if you have any question or
complaint with regard to any product and/or service availed on our Platform, or
pertaining to the Transaction, including but not limited to, double debit of
Transaction Amount, fraudulent Transaction, unauthorized Transaction, refund requests,
etc., you may reach out here
DISCLAIMER That upon initiating
a Transaction, you as a User are entering into a legally binding and
enforceable contract with us to purchase the products and/or services, and you
shall pay the price as listed on the Platform through legitimate and legal
sources of funds and through the accepted Payment Instruments. That you shall
provide accurate payment details to the secure payment system for making
purchase on the Platform. The information provided by you may be utilized or
shared with any third party if required in relation to fraud verifications or
by law, regulation or court order. We expressly disclaim all liabilities that
may arise as a consequence of any unauthorized use of a User’s Payment Instrument.
That all payments undertaken by you are subject to your own risk and volition.
We shall not be liable for any loss or damage occurred to you arising directly
or indirectly due to the decline of authorization for any Transaction,
malfunction, errors and/or unscrupulous activities. If you receive a User
identification code, order ID, password or any other piece of information as
part of our security procedures, you must treat such information as
confidential. You must not disclose it to any third party. The content on our
Platform is provided for general information only. The information provided
does not to amount to advice from us in any manner and should not be relied
upon. Where our Platform contains links to other websites and resources
provided by third parties, these links are provided for your information only.
Such links should not be interpreted as approval by us of those linked websites
or information you may obtain from them. This Platform includes information and
materials uploaded by other Users of the Platform. You understand that such
information and materials have not been verified or approved by us. The views
expressed by other Users on our Platform do not represent our views or values.
We do not guarantee that our Platform will be secure or free from bugs or
viruses. You are responsible for configuring your information technology,
computer programs and platform to access our Platform. You must use your own
virus protection software.
By accessing this webpage, you are agreeing to be bound by these Terms
and Conditions (“Terms") in a legally binding agreement
between us (“Merchant”or“us” or
“we”or“our” ) and the User
(“you” or “your”). Please read these
Terms carefully before accessing or using the Website. If you do not agree to
the Terms, you may not access the Platform.We reserve the right to update and
change the Terms and Conditions by posting updates and changes to the Platform.
You are advised to check the Terms and Conditions from time to time for any
updates or changes that may impact you. If at any point such amendments are not
acceptable to you, we advise you to cease using the Platform at such time. ELIGIBILITY You hereby represent and warrant
that you have the right, power, and authority to agree to the Terms, to become
a party to a legally binding agreement and to perform your obligations here
under. DEFINITIONS “Payment
Instrument” includes credit card, debit card, bank account, prepaid
payment instrument, Unified Payment Interface (UPI), Immediate Payment Service
(IMPS) or any other methods of payments which shall be developed or added or
deployed by banks and financial institutions from time to time.
“Platform” refers to the website or platform where the
Merchant offers its products or services and where the Transaction may be
initiated. “Transaction” shall refer to the order or
request placed by the User with the Merchant to purchase the products and/or
services listed on the Platform by paying the Transaction Amount to the
Merchant; “Transaction Amount” shall mean the amount paid
by the User in connection with a Transaction; and
“User/Users”, means any person availing the products and/or
services offered on the Platform; “Website” shall mean
www.instamojo.com or the mobile application
MERCHANT'S RIGHTS You
agree that we may collect, store, and share the information provided by you in
order to deliver the products and/or services availed by you on our Platform
and/or contact you in relation to the same.
YOUR RESPONSIBILITIES You agree
to provide us with true, complete and up-to-date information about yourself as
may be required for the purpose of completing the Transactions. This
information includes but is not limited to the personal details such as name,
email address, phone number, delivery address,age, and gender (or any other
information that we may deem necessary for us to fulfil the Transaction) as
well as the accurate payment information required for the transaction. PROHIBITED ACTIONS You may not access or use the Platform for
any purpose other than that for which we make the Platform available. The
Platform may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us As a User of the
Platform, you agree not to: Systematically retrieve data or other content from
the Platform to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us. Make
any unauthorized use of the Platform, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses. Circumvent, disable, or otherwise interfere with
security-related features of the Platform, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Platform and/or the Content contained therein. Trick, defraud, or mislead
us and other users, especially in any attempt to learn sensitive account information
such as user passwords. Make improper use of our support services or submit
false reports of abuse or misconduct. Engage in any automated use of the
system, such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools.Interfere with,
disrupt, or create an undue burden on the Platform or the networks or services
connected to the Platform. Attempt to impersonate another user or person or use
the username of another user Use any information obtained from the Platform in
order to harass, abuse, or harm another person. Use the Platform as part of any
effort to compete with us or otherwise use the Platform and/or the Content for
any revenue-generating endeavor or commercial enterprise. Decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Platform. Attempt to bypass any measures of the
Platform designed to prevent or restrict access to the Platform, or any portion
of the Platform. Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Platform to you. Copy or adapt
the Platform's software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code. Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that
interferes with any party's uninterrupted use and enjoyment of the
Platform or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Platform. Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Platform. Use the
Platform in a manner inconsistent with any applicable laws or regulations. LIMITATION OF LIABILITY The User agrees
that the only recourse that the User has in the event of receiving a defective
product and/or deficiency in service or a product and/or service which does not
match the provided description is to initiate the refund process which will be
subject to the terms for refund under this agreement. We hereby expressly
disclaim any liability to them for any losses. The User shall indemnify and
hold harmless the Merchant and its affiliates, agents and representatives from
and against any and all claims, demands, causes of action, obligations,
liabilities, losses, damages, injuries, costs and expenses incurred or
sustained by reason of or arising out of any breach or alleged breach of any of
the terms herein by the User
GUIDELINES FOR REVIEWS We may
provide you areas on the Platform to leave reviews or ratings. When posting a
review, you must comply with the following criteria: You should have firsthand experience
with the person/entity being reviewed. Your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hate language. Your
reviews should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or
disability. Your reviews should not contain references to illegal
activity. You should not be affiliated
with competitors if posting negative reviews. You should not make any
conclusions as to the legality of conduct.
You may not post any false or misleading statements. You may not
organize a campaign encouraging others to post reviews, whether positive or
negative. We may accept, reject, or
remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully
paid, assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform and/or distribute all
content relating to reviews.
GOVERNING LAWS & DISPUTE RESOLUTION Please note that these terms of use, their
subject matter and their formation, are governed by the laws of India . You and
we both agree that the courts of India will have exclusive jurisdiction over
any dispute. Any dispute or claim arising out of or in connection with or
relating to these Terms or their breach, termination or invalidity hereof
(“ Dispute”) shall be referred to and finally resolved by
arbitration in Bengaluru in accordance with the Arbitration and Conciliation
Act, 1996 for the time being in force, which rules are deemed to be
incorporated by reference in this clause 12.2. Within 30 (thirty) days of the
issue of a notice of Dispute, the parties shall mutually agree on the
appointment of a sole arbitrator. If such mutual agreement is not arrived at
within the aforesaid 30 (thirty) days' period, the parties shall
appoint such sole arbitrator in accordance with the Arbitration and
Conciliation Act, 1996. The seat of arbitration shall be India and the
arbitration proceedings shall be conducted in the English language. The parties
shall keep the arbitration confidential and not disclose to any person, other
than those necessary to the proceedings, any information, transcripts or award
unless required to do so by law. The decision of the arbitrator shall be final
and binding on all the parties hereto. The parties hereto agree that their
consent for resolution of Dispute through arbitration shall not preclude or
restrain either of them from seeking suitable injunctive relief in appropriate
circumstances from courts in Bengaluru. The cost of arbitration shall be borne
in the manner and by a party as determined by the arbitrators. In the meantime,
each party shall bear its own cost for the arbitration which shall be
reimbursed as per the directions in the arbitral award. GRIEVANCE REDRESSAL You agree that if you have any question or
complaint with regard to any product and/or service availed on our Platform, or
pertaining to the Transaction, including but not limited to, double debit of
Transaction Amount, fraudulent Transaction, unauthorized Transaction, refund requests,
etc., you may reach out here
DISCLAIMER That upon initiating
a Transaction, you as a User are entering into a legally binding and
enforceable contract with us to purchase the products and/or services, and you
shall pay the price as listed on the Platform through legitimate and legal
sources of funds and through the accepted Payment Instruments. That you shall
provide accurate payment details to the secure payment system for making
purchase on the Platform. The information provided by you may be utilized or
shared with any third party if required in relation to fraud verifications or
by law, regulation or court order. We expressly disclaim all liabilities that
may arise as a consequence of any unauthorized use of a User’s Payment Instrument.
That all payments undertaken by you are subject to your own risk and volition.
We shall not be liable for any loss or damage occurred to you arising directly
or indirectly due to the decline of authorization for any Transaction,
malfunction, errors and/or unscrupulous activities. If you receive a User
identification code, order ID, password or any other piece of information as
part of our security procedures, you must treat such information as
confidential. You must not disclose it to any third party. The content on our
Platform is provided for general information only. The information provided
does not to amount to advice from us in any manner and should not be relied
upon. Where our Platform contains links to other websites and resources
provided by third parties, these links are provided for your information only.
Such links should not be interpreted as approval by us of those linked websites
or information you may obtain from them. This Platform includes information and
materials uploaded by other Users of the Platform. You understand that such
information and materials have not been verified or approved by us. The views
expressed by other Users on our Platform do not represent our views or values.
We do not guarantee that our Platform will be secure or free from bugs or
viruses. You are responsible for configuring your information technology,
computer programs and platform to access our Platform. You must use your own
virus protection software.
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