TERMS OF USE
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to 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.
This document is published in accordance with the provisions of Rule 3 (1) 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 our web site www.mgkshopping.com.
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.
The domain name mgkshopping.com (hereinafter referred to as "Website" or “MGK Shopping” or “our web site” ) is registered in the name of MGK Shopping, having registered office at Registered Office: GROUND, TP 5/249, Mangad Buildings, Muthukurussi, Thachampara PO, Palakkad DT, Kerala 678593, India.
Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with MGK Shopping, these terms and conditions constitute your binding obligations, with MGK Shopping.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" or “buyer” “seller” or providing registration Data while registering on the Website as registered user using the computer systems. MGK Shopping allows User to surf the Website or making purchases with registering on the Website. The term "we", "us", "our" shall mean MGK Shopping or www.mgkshopping.com mgkshopping.com or all.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
mgkshopping.com reserves the right at all times to discontinue or modify the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Such changes may include, among other things, the adding of certain fees and charges which will be intimated after the service come in to effect. Any such modifications would be effective immediately. We suggest that you read our Terms and Conditions and Privacy policy from time to time to stay informed. Any use of the site after such modifications would be deemed to constitute acceptance of the modified terms by the End User.
1. Registration and Operating your account.
Account membership is free; no charges are levied for account creation. You agree that your sole purpose of registering or using the Website is to buy or sell articles and you shall not use this Website for any other purpose
a) It is your responsibility to keep the account secure, with proper password and restricting others to use your account. While using mgkshopping.com you agree to accept all responsibility for all the activities under your account. MGK Shopping or its employees or associates are no way responsible in any manner for losses occurring from any infract of privacy of your account details. You should provide us the correct and complete details (name, Date of Birth, contact/billing/delivery address and phone numbers…etc…) while registering with us. You can access and update much of the Account information you provided us with in the “My Account” area of web site.
b) Any fraudulent activities that may include creation of duplicate accounts, aliasing or violation of terms & conditions will lead to order cancellation.
c) You agree not to represent yourself as any other person or as any other login / register using the identity of any other person. You are prohibited from wangling your identity. If you provide any information that is not in our conformity company reserves the right to terminate your access to website.
d) You will: (a) immediately inform MGK Shopping of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. MGK Shopping will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to MGK Shopping or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to MGK Shopping terminate accounts, remove or edit content at any time without notice to you.
e) Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access MGK Shopping. If you are a minor i.e. under the age of 18 years, you may use MGK Shopping only with the involvement of a parent or guardian or don’t use the website.
f) If you represent a business entity, by accepting the User Agreement you represent and declare that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement and you have to upload or make available such records if so demanded by MGK Shopping.
g) Your use of MGK Shopping, the Services, and access to the Content(s) as defined) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on MGK Shopping. You will use MGK Shopping solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with Payment policy Return and Refund Policy which is mentioned separately in our website , for your personal use only and not for business purposes.
h) Please note that MGK Shopping at all times reserves the right to refuse your access to MGK Shopping, terminate/deactivate your account, remove or edit content on MGK Shopping, at its discretion.
2. Seller Registration:
To be eligible to sell items on the Website, the User is required to separately register with the facility at the Registration page on the Website, along with making separate seller agreement with us. Seller agreement is given separately in the website page. As part of your application you must provide us your legal name (of your business), address, phone number, email id, Applicable Tax registrations, GST,PAN number, Bank a/c details in your business name, as well as any other information’s we may request. Any data you provide to us will be handled in accordance with MGK Shoppings Privacy Notice.
3. Privacy Policy/ Communication and Subscription
a) During the course of your registration/usage/availing services of MGK Shopping, MGK Shopping may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation, your name, phone number, email address, address, postal code, occupation, login details etc.
b) MGK Shopping respects the sensitivity of the information’s you provided and we appreciate your trust in MGK Shopping. In this regard, MGK Shopping has published the Privacy Policy in our web site. If you object terms of our Privacy Policy please do not use of access or avail the services, please refer our Privacy Policy for further details.
c) We may communicate with you by email or by such other mode of communication, electronic or otherwise. mgkshopping.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
d) You may also receive such notifications regarding any marketing / promotional activities that maybe available on MGK Shopping from time to time. By sharing your Account Information and registering on MGK Shopping and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new products services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
e) You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from MGK Shopping at any time by following the instructions set out in such communications.
4. Terms and Conditions for sale
a) Under certain circumstances it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also ask for additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
b) While availing any of the payment methods offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you - lack of authorization for any transactions/ exceeding the preset limit mutually agreed by you and between your bank/any payment issues arising of transactions/decline of transactions for any other reasons.
c) All payments made to us by you shall be compulsorily in Indian Rupees acceptable by the Union of India. mgkshopping.com does not accept any other form of currency with respect to the purchases. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
d) We will not be responsible for any business loss - loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
e) mgkshopping.com does not make any representation or Warranty as to specifics (such as quality, value, the quality being marketable, etc….) of the products or services proposed to be sold or offered to be sold or purchased on the Website. mgkshopping.com does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website.
f) mgkshopping.com is making a platform for the users for to avail a large base for their buying and selling products. Agreed that the contracts of buy/sell happen between the buyer and seller only. We are no way responsible for unsatisfactory performances of products or services. Agreed it is the responsibility of the buyer/seller to be satisfied before making a deal/transaction. If Dispute arises between seller(s)/Buyer(s), each you release MGK Shopping (and its agents, affiliates and employees) from claims demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with
g) Any discount offers / exchange offers are by the Seller/Brand and not by mgkshopping.com.
h) mgkshopping.com shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers. You shall independently agree upon the manner and terms and conditions of delivery, payment, warrantees etc… with the seller(s) that you transact with.
i) The delivery of an order may take 2-5 business days from the date of confirmation. The estimated delivery timeframe is mentioned on the product pages. However, actual delivery time depends upon availability of product with the merchant, shipping address, courier company’s guidelines or any other circumstances.
j) No two promotions can be combined.
k) Any product purchased during special promotions cannot be returned or replaced.
l) mgkshopping.com reserves the right to change or cancel any promotion at its sole discretion.
5. Use of web Site
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information which
5.1 Belongs to another person and to which You does not have any right to;
5.2 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; 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;
5.3 is misleading in any way; is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual, harasses or advocates harassment of another person;
5.4 involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
5.5 promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limiting unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
5.6 promotes an illegal or unauthorized copy of another person's registered (under copyrighted act) work. (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, contains video, photographs, or images of another person (with a minor or an adult).
5.7 tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
5.8 Engages in commercial activities and/or sales without our prior written consent such as contests, creating link to another web sites, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, MGK Shopping's prior written consent means a communication coming from MGK Shopping's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
5.9 solicits any kind of gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal; (q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
5.10 refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
5.11 harm minors/ differently abled in any way; through text/pictures or any other way
5.12 infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
5.13 violates any law in force;
5.14 deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
5.15 impersonate another person;
5.16 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
5.17 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.
5.18 shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item or part thereof , the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
5.19 shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
5.20 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
5.21 You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MGK Shopping and / or others
5.22 From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
5.23 You shall not engage in advertising to, or solicitation of, other 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. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize MGK Shopping to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
5.24 It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
5.25 MGK Shopping shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site.
5.26 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and MGK Shopping has no control over such third party user generated content as MGK Shopping is merely an intermediary for the purposes of this
6. Unacceptable and prohibited items
a) Item is not clean, including signs of mold, heavy staining or corrosion.
b) Item is damaged in a way that renders it difficult to use.
c) Item is missing essential accompanying material parts. This does not necessarily include instructions.
d) Items require repair or service.
e) Item was not created by the original manufacturer or copyright holder. This includes copies, counterfeits, replicas and imitations.
f) Item was originally distributed as a promotional copy, promotional bundle, product sample, or advance reading copy. This includes uncorrected proofs of in-print or not-yet-published books.
g) Item has passed the expiration date (includes “best by” and “sell by” dates), has an unacceptable portion of its shelf remaining, or the expiration date has been tampered with or removed.
h) Item was intended for destruction or disposal or otherwise designated as unsellable by the manufacturer or a supplier, vendor or retailer.
7. Payment
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
a) Lack of authorization for any transaction/s, or
b) Exceeding the preset limit mutually agreed by You and between "Bank/s", or
c) Any payment issues arising out of the transaction, or
d) Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Further:
a) Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render MGK Shopping liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on MGK Shopping's Website.
b) You have specifically authorized MGK Shopping or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with MGK Shopping is on a principal to principal basis and by accepting these Terms of Use you agree that MGK Shopping is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on MGK Shopping's Website that are paid for by using the Payment Facility. MGK Shopping does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
c) You understand, accept and agree that the payment facility provided by MGK Shopping is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the MGK Shopping Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, MGK Shopping is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
8. Return Policy :- we will receive and process returns of units in accordance with terms and conditions written in return policy & vendor agreement , please refer our return policy for more information.
Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.
In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, Subject to the refund methods provided for each product, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. MGK Shopping shall have the sole discretion to determine the mode of reversal from the above options.
9. Cancellation of transaction / orders
a) Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel either by the Seller directly or Seller can instruct MGK Shopping to cancel such order. We reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or to MGK Shopping. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. MGK Shopping shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by MGK Shopping is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of MGK Shopping for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
b) Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.
c) Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions discounts coupons provided by MGK Shopping in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes MGK Shopping to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
10. Dispatch/Delivery :-
a. Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
b. Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to MGK Shopping for any loss of any fee or charges that MGK Shopping and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to MGK Shopping and its third parties are not consequential or indirect.
c. The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product
d. Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
11. Guidelines for Writing Product Reviews –
Anyone who has an account with mgkshopping.com can write a product review. While writing
a) Be Precise and Specific
b) Don’t keep any loose ends, incomplete and inaccurate information’s will not help anybody other than confusion
c) keep what is required only, proof read your review accurately
d) write what you liked and not liked about the product and why
e) We reserve the right not to include the product review that may contain
Irrelevant customer ids/email id's for posting ,Off topic information’s or abhorrent content, Inappropriate content , Information’s not related to product , References prices of other retailers , Personal information’s, Reproducing other reviews or product catalogues.
We may proceed for legal action in case we find the reviews are against the Guidelines given above but not limited to.
12. Report abuse takedown Policy
Since we MGK Shopping is an online market place and an intermediary as defined by applicable law, MGK Shopping is not obliged to monitor or control the Products being sold on website www.mgkshopping.com or monitor or control any other content on the Website. However We at its discretion and in accordance with applicable law may choose to monitor any Products or other content and may remove any such content from the Website if MGK Shopping determines in its sole discretion that such content is in violation of our policies or any applicable law.
If you believe that your intellectual property rights have been violated in any manner/ report infringement of trademark/copyright complaint /design, please write to grivenceofficer@mgkshopping.com
Once we receive a notice from you, we will evaluate the contents for actions if any
13. Website Disclaimer
The information contained in this website is for general information purposes only. The information is provided by www.mgkshopping.com, a property of MGK Shopping. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You further acknowledge and undertake that you will use the website www.mgkshopping.com to order/purchase products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions/non-cooperation 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. MGK Shopping shall not mediate, interfere or resolve any dispute or disagreement between buyers and the sellers or manufacturers of the products.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of MGK Shopping. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, MGK Shopping takes no responsibility for, and will not be liable for, the website or Android /iOS applications being temporarily unavailable due to technical issues beyond our control.
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 the website or Android/iOS applications . While we have taken maximum precautions from our side to avoid inaccuracies in content this website and customer applications provided for access of products or services, all content, details given, product service information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products/Services on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with MGK Shopping nor shall MGK Shopping have any obligations or liabilities in respect of any transactions on the website.
14. Force Majeure
We will not liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
15. Breach
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, immediately remove your information or listings, or ends your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website or initiate any legal action it may deem fit, particularly in the event:
• You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
• Any misuse of the online payment Facility
• The Company is unable to verify or authenticate any information provided by you;
• The Company believes that your actions may cause legal liability to the Company, other Users or yourself.
16. Limited liability of the Company
In no event shall the MGK Shopping be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, the Online payment Facility, services provided by the Logistics Partner or any other services or this User Agreement.
Consequently, Germabazar assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Online payment Facility. Any delay, failure, interruption or errors in the operation of the Website or the Logistics Partner or Online payment Facility.
17. Grievance Redressal
In case of any grievance, objection or complaint on your part with respect to the Website, other Users, Online payment Facility or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the Website, you should promptly raise such grievance or complaint with the designated Grievance Officer
Email: grievanceofficer@mgkshopping.com
and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue.
The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
18. Arbitration
If any dispute arises between you and the our company during your use, access of the Website or the Online payment Facility or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and/or Online payment Agreement, or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration will be at Palakkad, Kerala State where our corporate office situated or decided by MGK Shopping and the arbitration proceedings shall be in the English language.
19. Governing Law
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and its jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to 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.
