Welcome to the mydala Shopping service provided by Kinobeo Software Private Ltd (Hereinafter referred to as "mydala" or "mydala.com"). The terms and conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of mydala Shopping by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this service. You can use the mydala Shopping Services if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and mydala (for mydala Shopping).
Applicable Law
This site is created and controlled by mydala.Com in Delhi India; as such the laws of India shall apply; courts in Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. mydala.Com reserves the right to make changes to the site and the terms, conditions and disclaimers
Definitions:
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time."
"mydala Shopping"/ "Site" means the online shopping platform owned and operated by mydala, which provides a venue to the users of mydala.com to buy the products listed on mydala Shopping.
"Vendor"/"Seller" shall mean the person or any legal entity who offers for sale, sells the products on mydala Shopping.
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on mydala Shopping by placing an order for and or purchases any products offered for sale on mydala Shopping.
"User"/ "You" means and includes you and/or any person or an entity including Vendor/Seller using or accessing the services provided on this Site.
Eligibility:
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.
Term of Agreement/Service:
This Agreement shall continue to be in full force and effect for so long as you are using the mydala Shopping services. mydala.com provides the online shopping platform wherein the Users can purchase/buy the products listed on mydala Shopping (the "Services") pursuant to the terms and conditions set forth below. By clicking on the [Close] button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations. Either you or mydala.com may terminate the service at any time, with or without cause. However, mydala.com reserves the right, in its sole discretion, to terminate your access to the mydala Shopping services and the related services or any portion thereof at any time, without notice. The provisions of Sections 13,14,15,16 and 18 shall survive any such termination.
Modification of Terms and conditions of Service:
mydala.com may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.
Registration Data:
To avail of and use the Services you will have to register with mydala Shopping. As a part of registration process you agree to provide mydala Shopping current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.
If you provide any information that is untrue, inaccurate not current or incomplete or mydala.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, mydala.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to mydala Shopping.
You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of mydala.com.
You agree and understand that mydala Shopping service is advertising supported and you grant mydala.com the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, you agree and grant mydala.com the right to use your individual Registration Data to provide targeting of advertisements and other Service offers.
You shall notify support@mydala.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
Electronic Communication:
Users consents to receive communications from mydala.com electronically. mydala.com will communicate with Users by email or by posting notices on the Site.
Online Shopping Platform:
You agree, understand and acknowledge that mydala Shopping is an online shopping platform, a venue enabling the users to buy any product listed on mydala Shopping at the price indicated on the terms and conditions indicated therein at any time from any place. You further agree and acknowledge that mydala Shopping is not involved in any sale and purchase of goods/products listed on this Site. mydala Shopping is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. mydala Shopping shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users.
mydala Shopping shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products.
mydala Shopping does not sell or retail any products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on mydala Shopping.
You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. mydala Shopping is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with mydala Shopping nor shall mydala Shopping have any obligations or liabilities in respect of such contract. mydala Shopping is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.
mydala Shopping accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
mydala Shopping is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.
All orders shall be pre-approved with an acceptable method of payment as established by mydala Shopping which may call for and require additional verification or information.
The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
After the receipt of payment from the Buyer, the Vendor shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.
Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
Credit and/or debit card details
You agree, understand and confirm that the credit and/or debit card details provided by you for availing of services on mydala Shopping will be correct and accurate and you shall not use the credit and/or debit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit and/or debit card details to mydala Shopping. Further the said information will be not be utilized and shared by mydala Shopping with any of the third parties unless required by law, regulation or court order.
Confirmation:
You understand, declare and agree that:
- mydala Shopping shall not and is not required to mediate or resolve any dispute or disagreement between you and the Seller.
- You release and indemnify mydala Shopping and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, mydala Shopping cannot control the information provided by other Users which is made available on the Site
- Seller shall be responsible to deliver the items to the Buyer within the time period specified for delivery by the Vendor.
- Seller shall be solely responsible for any undelivered or damaged items.
- Seller shall be solely responsible to make good the loss or damage or any claim raised by the Buyer in respect of damaged or non-receipt of items.
- Seller shall be responsible to deliver the products/items of the same quantity and same qualities as are listed on the mydala Shopping and that such products shall correspond with the description of the items listed on mydala Shopping. You further agree and acknowledge that mydala.com shall not be liable if the description of goods supplied by the Seller do not match/correspond with the description provided at the time of placing of order by the Buyer.
- Seller shall invoice / bill directly to the Buyer.
- Complete product responsibility and liability solely vest with Seller and Seller is responsible to the Buyer for the sale of the Product to Buyer including but not limited to the delivery of the item/product to the Buyer. Neither Customer nor Seller shall raise any claim on mydala Shopping in this regard.
Suspension due to non-compliance with Agreement:
Notwithstanding other legal remedies that may be available to mydala Shopping, mydala Shopping may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:
- If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of mydala Shopping;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other Users or mydala Shopping.
Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the mydala Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Indemnity:
User agrees to defend, indemnify and hold harmless mydala Shopping, mydala.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this Agreement.
Limitation of Liability
MYDALA.COM HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. MYDALA EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT MYDALA.COM RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.
IN NO EVENT SHALL MYDALA.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER 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 MYDALA SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF MYDALA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THE MYDALA SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MYDALA SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MYDALA SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MYDALA.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. MYDALA.COM DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES
THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
Privacy Policy
Use of this site is subject to our Privacy Policy mydala Shopping respects your privacy. mydala Shopping will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.
We reserve the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this site.
Disclaimer
The information about the products published on mydala Shopping site are provided by mydala.com on the basis of the information received from the product manufacturers and vendors and are on an "as is where is" basis. mydala.com makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, mydala.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. mydala.com will not be liable for any damages of any kind arising from the use of this site or any of the products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. mydala.com only facilitates the sale of products between the Vendor and the buyer and does not directly or indirectly sell or retail any products.
MYDALA.COM EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, CONITUNITY, PERFORMANCE, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MYDALA SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
MYDALA.COM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
USER SPECIFICALLY AGREES THAT MYDALA.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN MYDALA SITE/SERVICE. USERS SPECIFICALLY AGREE THAT MYDALA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. USERS SPECIFICALLY AGREE THAT MYDALA.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN MYDALA SITE/SERVICE BY ANY THIRD PARTY.
ADVICE RECEIVED VIA THE MYDALA SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and mydala.com with respect to the mydala sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and mydala with respect to the mydala sites/services. mydala.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Governing Law and Jurisdiction
This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Delhi, India, in all disputes arising out of or relating to the use of the mydala sites/services. Use of the mydala sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold mydala.com, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the mydala sites/services.
mydala.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of mydala.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the mydala sites/services or information provided to or gathered by mydala.com with respect to such use.
Trademarks
mydala.com, mydala Shopping, and any other expression that contains the word "mydala" are the worldwide trademarks of mydala.
These trademarks may not be used in connection with any product or service that is not that of mydala.
© 2014 Kinobeo Software Private Limited. All Rights Reserved.
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