Terms and Conditions for Mobile Apps
PRIVACY POLICY
Welcome to mandibhai (the “Application”) owned by mandibhai Skr buildwell private ltd., (“Our”, “Us”, “We”, “Mandi Bhai”, “Site”). This Privacy Policy (the “Privacy Policy”) along with the Terms of Use provides the terms and conditions governing Your use of this Application. At Mandi Bhai, we value Your trust & respect Your privacy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in Our Terms and Conditions at mandibhai.com This Privacy Policy provides You with details about the manner in which Your data is collected, stored & used by Us. You are advised to read this Privacy Policy carefully. By visiting Our Application You expressly give Us consent to use & disclose Your personal information in accordance with this Privacy Policy. If You do not agree to the terms of the policy, please do not use or access Our Mobile Application.
The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of this Privacy Policy, shall mean any natural or legal person who may create by registration, membership account on this Application or agree to avail Our Services through this Application, or otherwise access Our Application.
This Privacy Policy is published by Us, in compliance of:
- Section 43A of the Information Technology Act, 2000; and Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011
General
We will not sell, share or rent Your personal information to any third party or use Your email address/mobile number for unsolicited emails and/or SMS. Any emails and/or SMS sent by Us will only be in connection with the provision of agreed Services & products and this Privacy Policy. To carry out general marketing We would be sending out emails to users registered on Our Application (or by any means and in any media, including, but not limited to, on Our Application or through Our merchants or in advertisements / marketing campaigns / any form of audio or visual media or websites). We reserve the right to communicate Your personal information to any third party that makes a legally-compliant request for its disclosure.
Collection of Information
In order to provide Our Services, we may collect the following types of information:
User information – When You use the Services, we automatically receive and record information from Your device and, applicable browser. Such information may include Your Contacts, location of Your device, text messages, Your device storage, Your IP address, cookie information, software and hardware attributes, contacts and unique device ID. Most of the information We collect during Your use of Our Application, such as Your device and hardware IDs and device type, the content of Your request, and basic usage stats about Your device and general use of Our Services does not by itself identify You to Us, though it may be unique or consist of or contain information that You consider personal. Specifically, we collect, retain and use information collected, retained and shared through Facebook Platform, Twitter, Google and YouTube, according to the applicable terms and conditions of their privacy policies.
User Id – In order to avail the services, you shall have to sign up on the Application.
Use history and preferences – We save Your query terms as well as the experience/category selected, these may associate with the unique User ID of Your device. We also save Your preferences as recorded through Your use of the Services and use them for personalization features.
Cookies – When You use Our Services, we may send one or more cookies. We use cookies to improve the quality of Our Service by storing User preferences and tracking User information. Certain of Our products and services allow You to download and/or personalize the content You receive from Us. For these products and services, we will record information about Your preferences, along with any information You provide yourself.
Use of Information
The Personal Information We collect allows Us to keep You posted on Our latest announcements, upcoming events, including confirmations, security alerts and support and administrative messages. It also helps Us to improve Our Services. If You do not want to be on Our mailing list, you can opt out at any time by updating Your preferences on the application. From time to time, we may use Your Personal Information to send important notices, such as communications and changes to Our terms, conditions and policies. Since, this information is important to Your interaction with Us, you cannot opt out of receiving these communications.
We may also use Personal Information for internal purposes such as data analysis and research to improve Our Services, products and customer communication. We may also collect information about You through other methods, including research surveys or information We obtain from third parties, including verification services, data services, as well as public sources.
Sharing of Personal Information
We only share personal information with other companies or individuals in the following limited circumstances:
We may share with third parties the location of Your device in order to improve and personalize Your experience of the Services.
We may share with third party certain pieces of non-personal information, such as the number of Users who used a particular service, users who clicked on a particular advertisement or who skipped a particular advertisement, as well as similar aggregated information. Such information does not identify You individually.
We may share with third parties’ Unique Device ID. While such information does not by itself identify You to us, it may be unique or consist of or contain information that You consider personal, however such information does not identify You individually.
We provide such information to trusted businesses or persons for the purpose of processing personal information on Our behalf. We require that these parties agree to process such information based on Our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
Advertisers: We allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and You agree that We may provide any of the information We have collected from You in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. If You sign through a third-party social networking site or service, your list of “friends” from that site or service may be automatically imported to the service. Again, we do not control the policies and practices of any other third-party site or service.
Security
The security of Your personal information is important to Us. We take precautions, including administrative, technical and physical measures, to safeguard Your personal information against loss, theft and misuse, as well as against unauthorized access, disclosure, alteration and destruction. When You enter sensitive information on Our registration, we encrypt that information.
Protection of Children
If You are a User under the age of 18 (“Child User”), please ensure that You have adequate consent from Your parent or guardian to access Services in accordance with the present Privacy Policy. If You are the parent or guardian of a Child User, please advise Your child of the risks of posting personal information on Our Services or other online services, and that any information posted may be used by third parties without restriction. Notwithstanding anything contained herein, we shall always presume that every User has adequate consent and free-will to access Services and to enter into a legally enforceable contract with Us.
We also reserve the right to remove, at Our sole discretion, any content or material posted by a User which may be of defamatory or sexual nature or offensive to other Users in any manner, and take appropriate legal action against such User in accordance with Our Terms of Use
Cookies
A cookie is a chunk of data that is sent to the Website from a server and stored on the hard drive of Your computer and/or mobile (“Cookies”). A session Cookie disappears automatically after You close Your browser. A persistent Cookie remains after You close Your browser and may be used by Your browser on subsequent visits to the Services. We may use Cookies related information to: (a) remember Your data and/or personal information so that You will not have to re-enter it during Your visit or the next time You access the Services; (b) provide customized third-party advertisements, content, and information; (c) monitor the effectiveness of third-party marketing campaigns; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track Your entries, submissions, and status in any promotions or other activities.
We may allow third-party service providers, like advertisers, to place and read their own Cookies, web beacons, and similar technologies to collect Data and/or Personal Information through Services. This data and/or personal information are collected directly and automatically by these third parties, and We do not participate in these data transmissions and these third-party cookies are not covered under this Privacy Policy.
Changes to the Privacy Policy
We reserve the right to change the Privacy Policy at Our sole discretion. We will inform Users of any such change by Us posting the updated Privacy Policy on Our Application. We encourage You to review this Privacy Policy regularly for any such changes. Your continued use of the Services will be subject to the then-current Privacy Policy.
Compliance with Laws and Law Enforcement
We will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We reserve the right to track IP addresses for the purposes of fraud prevention, and to release IP addresses to legal authorities. We will disclose information about You to government or law enforcement officials or private parties when We believe reasonably necessary to comply with law, to protect the property and rights of Mandi Bhai or a third party, to protect the safety of the public or any person, or to prevent or stop activity We may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Email Notifications
You may be contacted, by email or other means; for example, we may send You promotional offer on behalf of other businesses, or communicate with You about Your use of the service. Also, we may receive a confirmation when You open an email from us. This confirmation helps us improve Our service. If You do not want to receive email or other mail from us, please indicate Your preference by clicking on the “Unsubscribe” link at the bottom of the email or changing Your email settings on Your account settings page. Please note that if You do not want to receive legal notices from us, those legal notices will still govern Your use of the service, and You are responsible for reviewing such legal notices for changes.
Contact Information
If You have any questions or concerns with respect to this Terms of Use or any information contained on thereon, you may contact Us by writing to Us at contact@mandibhai.com ]. These Terms of Use supersede any previous versions.
TERMS OF USE
General.
In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it 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 Mandibhai.com. – pages, hyperlinks, tools, and Services provided thereunder is owned and operated by MANDI BHAI SKR BUILDWELL PRIVATE LIMITED (hereafter referred to as “Mandi Bhai”) or (“Company”), a company incorporated under The Companies Act 1956 with its registered office at Office No. A-13 Mandi yard Govind Puram, Ghaziabad, Uttar Pradesh, India 201002.
Mandi Bhai’s (“Our”, “Us”, “We”, “sevices”, “Site”) mobile application (“Application”) come as a medium for trading of grocery, food grain and staples goods (“Services”).
The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Application or agree to avail Our Services through this Application, or otherwise access Our Application.
These terms and conditions (“Terms of Use”) shall govern your access to and use of the Services however accessed, as well as any and all information of whatever kind and nature appearing on the Application or otherwise available through the Services. Please read these Terms of Service carefully before using the Application; your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms of Use. By downloading and installing the Application, accessing or using the Services in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use the Services, or access them through the Application. Unless explicitly stated otherwise, any new features which may be added to the Services, including the release of new services or capabilities, are subject to these Terms of Use.
We may, in our sole discretion, make changes to these Terms of Use, from time to time with or without notice to you. Each time changes are made to these Terms of Use, a revised version of these Terms of Use will be posted in the Application. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version. Furthermore, We reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Services at any time.
Privacy Policy
We respect the privacy of others. Any information that you provide us through the Services is subject to Our Privacy Policy. Your use of the Services constitutes your consent to the collection and use of your certain information, as described in our Privacy Policy Member Registration
Users, as may be approved by Mandi Bhai, shall have the right to use the Service provided by Mandi Bhai via its Application.
Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on the Application and can avail Our Services. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India.
You would be required to sign up on Applications by providing certain personal details such as name including first and last name, shop name, email address, mobile phone number and contact details, postal code, and information about the pages on the site You visit/access, the links you click on the site, the number of times you access the page and any such browsing information. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then Mandi Bhai may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Application and the Services (or any portion thereof) permanently.
You may deactivate your account by reaching out to Mandi Bhai contact@mandibhai.com. You sign up on the Application, your personal information will be registered automatically in Our database which will be maintained and used by the Application in accordance with the Privacy Policy.
Payment Options
The Application provides You with the following payment options to pay for the order(s) that You may place via the Application Creditcards;Debitcards;Through valid net-banking channels;
Via cash at the time of delivery;
United Payments Interface (UPI);
Cheques;
Epaylater (for eligible users)
Usage conditions
Users agree to use the Services only for purposes that are permitted by a) the User Terms and b) any applicable laws as amended from time to time for the time being in force.
By using the Application You agree not to:
authorize others to use your account;
assign or otherwise transfer Your account to any third person or legal entity;
use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
use the Service or Application to cause nuisance, annoyance or inconvenience; use the Service or Application with an incompatible or unauthorized device; impair the proper operation of the network and/or interfere with or disrupt the integrity or performance of the Service or Application; reverse engineer or access the Service or Application in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Application or copy any ideas, features, functions or graphics of the Application,
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application; try to harm the Service or Application in any way whatsoever;
disclose information designated as confidential by Mandi Bhai, without Mandi Bhai”s prior written consent; and
copy or distribute the Service or Application or other Mandi Bhai content without written permission from Mandi Bhai.
You are solely responsible for any breach of your obligations under this agreement (including financial obligations) and for the consequences (including any loss or damage which Mandi Bhai may suffer) of any such breach.
Content
A variety of information, text, graphics, software, photos, data, video, audio-visual combinations, interactive features, and other materials You may view on, or access through the Service (“Content”) is available on the Application. The Content available on the Application shall be used solely for Your non-commercial use and/or to benefit from the products, Services intimated on the Application. No right, title or interest in any Content is transferred to You, whether as a result of downloading or reproducing such Content or otherwise. We reserve complete ownership, title and full intellectual property rights in all Content uploaded by Us. Except as expressly authorized by this Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from Us or the Service.
All rights, title and interest in and to the Service (including without limitation) any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, are owned by Mandi Bhai. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Application and the Service. All Content on the Application is either owned or licensed to Us and is subject to copyright, trademark rights, and other intellectual property rights of the Application.
Mandi Bhai uses third-party user-generated content including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and branding, and Mandi Bhai has no control over such third-party user-generated content as Mandi Bhai is merely a fair user for the purposes of this Terms of Use. Your use of these third-party user generated content may be subject to the separate policies, terms of use, and fees of these third parties.
Mandi Bhai owns, has licensed, or otherwise has rights to use all of the Content that appears in the Service and all the Applications. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any Content that appears in the Service and all the Applications.
Your License to Mandi Bhai
You hereby grant to Mandi Bhai an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice in any way, Your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Us the right to authorize others to exercise any of the rights granted to Us under these Terms of Use. You further hereby grant to Us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to You. Except as prohibited by applicable law, you waive any rights of attribution and/or any moral rights You may have in your User Content, regardless of whether Your User Content is altered or changed in any manner. Mandi Bhai does not claim any ownership rights in Your User Content and nothing in these Terms of Use is intended to restrict any rights that You may have to use and exploit your User Content. We have no obligation to monitor or enforce your intellectual property rights in or to Your User Content.
Pricing
The prices mentioned at the time of ordering will be the prices charged on the date of delivery. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
Cancellation by User, Return by User and Refund by Mandi Bhai In event of the quality of the delivered goods, ordered from the Application, are not of good quality or are not as per the items ordered, the User may return the goods to the delivery agent of Mandi Bhai at the time of delivery itself.
You as a user may cancel your order placed on the Application by contacting our customer service on contact@mandibhai.com. In event of a cancellation of your order, we shall refund the payments subject to our refund and cancellation policy, as more specifically mentioned herein.
If we suspect any fraudulent transaction by you or any transaction which defies the terms & conditions of using the Application, we, in our sole discretion, may cancel such orders. We shall document and keep records of all fraudulent transactions and customers and may, in our sole discretion, deny access to such users or cancel any orders placed by them. All orders which are not dispatched will be considered as purchase order till the time it gets dispatch from our system. Mandi Bhai holds all the rights to modify/alter/update or cancel the purchase order.
In event of return of goods by the User or cancellation of an order, the User shall be entitled to a refund of 100% value of the items return or the orders cancelled from Mandi Bhai. The amount to be refunded shall be refunded to the bank account of the User, from which the payment was made, or the virtual wallet available on the Application as requested by the customer, within a period of 7 days of Mandi Bhai receiving the request for cancellation.
Use of Message Boards, Chat Rooms and Other Communication Forums
This Application may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Posts or “Forums”), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Posts or Forum, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Conduct or forward surveys, contests, or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by Mandi Bhai, and such communications shall not be considered reviewed, screened, or approved by Mandi Bhai. Mandi Bhai reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.
In no event shall the Application be held responsible for any Posts nor does Mandi Bhai, Application represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall Mandi Bhai be liable for any loss or damages resulting from their use and/or appearance.
By providing a Post to the Application, you undertake, represent and warrant to Mandi Bhai that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.
By submitting any Post, you grant Mandi Bhai and its associate companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
Mandi Bhai, Application will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area Application generally, in any manner that Mandi Bhai may determine, in its sole discretion, at any time. Although Mandi Bhai endeavors to periodically monitor the content posted on this Application, the Application will not be responsible for the views or opinions expressed by third parties on the Site.
You agree that you will not use any Post and/or any part or all of our Application to:
collect, store and/or identify private or personal information of any user or person; facilitate personal attacks on other individuals or groups of people;
upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Site deems in its sole discretion inappropriate for the Site; harm children in any way including without limitation any offenses in relation to grooming children online under law; impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
stalk or otherwise harass another person or User; upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;upload, post or e-mail any content that infringes any intellectual property rights or other third-party rights of any party;
upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters' or any other form of solicitation;
upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and/or the Site;
disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; and/or
violate any applicable national or international laws or regulations.
You further agree that you may use the Application for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for yourself and/or any third-party business activity.
Colours, Images and descriptions
We have made every effort to display the colours/images and descriptions of our products that appear on the Mobile App as accurately as possible. However, the actual colours, images and description you see depends on your screen /mobile quality pixels and settings that we cannot guarantee.
Compatible Devices
In order to be able to view and use Content on the Service, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.
This Application is available to handheld mobile devices running on Android OS Operating Systems. We will make reasonable efforts to make the Application available at all times. However, you acknowledge that the Application is provided over the internet and mobile networks so, the quality and availability of the Application may be affected by factors outside Mandi Bhai’s reasonable control.
Mandi Bhai does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access Content or any other communication system failure which may result in the Application being unavailable. Mandi Bhai will not be responsible for any support or maintenance for the Application.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Mandi Bhai. Such disclosure, submission or offer of any Comments shall constitute an assignment to Mandi Bhai of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Mandi Bhai owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Mandi Bhai will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Mandi Bhai is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the application will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Mandi Bhai does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the application. You grant Mandi Bhai the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Mandi Bhai and its affiliates for all claims resulting from any Comments you submit and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Restrictions on Use
As a condition of use, you agree to use the Services solely for lawful purposes and not to use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of your activity in connection with the Services. Without derogating from your responsibility under any applicable law, and solely by way of example, you shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content that:
is illegal, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as We may determine in Our sole discretion;
violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
infringes any patent, copyright, trademark or other intellectual property rights of any person or entity;
constitutes unauthorized or unsolicited advertising;
involves commercial activity not expressly permitted by Us; or contains any harmful or malicious computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functioning of any software or hardware, or that enables to obtain unauthorized access to any system, data or other information.
disrupts, interferes with or restricts the use of our application by other Users;
reverse engineers, decompiles, copy or adapts any software or other code or scripts forming part of our application;
changes, modifies, deletes, interferes with or misuses data contained on our application and entered by or relating to any third-party user of our application.
Right to Cancellation in case of invalid information from User.
The User expressly undertakes to provide to Mandi Bhai only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Us.
In case Mandi Bhai discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Mandi Bhai in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of any pending orders, etc. without any prior intimation to the User. In such an event, we shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of orders or any other booking confirmed on the Application
The User unequivocally indemnifies Mandi Bhai of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding its own interest and that of its genuine customers. This would also include Us denying/cancelling any bookings on account of suspected fraud transactions.
Third Party Account Information.
By using the account access service in Mandi Bhai Application, the User authorizes Mandi Bhai and its agents to access third party sites, including that of banks and other payment gateways, designated by them or on their behalf for retrieving the requested information.
While registering, the User will choose a personal identification number (“PIN”) and password and is responsible for maintaining the confidentiality of the PIN and/or password of the account.
The User is fully responsible for all activities that occur while using their PIN and/or password or account. It is the duty of the User to notify Mandi Bhai immediately in writing of any unauthorized use of their PIN and/or password or account or any other breach of security. Mandi Bhai will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his PIN and/or password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.
Intellectual Property Rights
This mobile Applications are owned by Mandi Bhai SKR BUILDWELL PVT LIMITED. All rights to, title and interest in the Content available on/ via the Application, the Application’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Application, and Application URLs, are the property of Mandi Bhai SKR Buildwell Private Limited or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
The mobile Applications and the Content are protected by copyright laws and belong to Us or its partners, affiliates or contributors. The copyrights in the Content are owned by Us or other copyright owners who have authorized their use on the Application. We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Us. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a User’s account if the User is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Application
Survey
User may participate in a survey, questionnaire etc. (“Survey”) organized by Us. User acknowledges and agrees that the contents of Survey are the property of Mandi Bhai and User is restricted to utilize the contents of such Survey for any other purpose outside the scope it is originally established for. User acknowledges and agrees Mandi Bhai uses the Survey for its internal uses and improving the User’s experience of the Application.
Disclaimer of Warranties
The Services are provided on an “as is” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim any warranties, either express or implied, including without limitation, warranties of merchantability, and fitness for a particular purpose, non-infringement, and quality of Service. We make no warranty that the Service will meet your expectations, be free from viruses, or that data and content obtained through the service will be accurate, reliable or current, or that the service will be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the use of the Service is at your own discretion and sole risk and that the entire risk as to the results and performance of the Service, including, without limitation, any damages to your computer system, tablet, mobile device or data stored on it, is solely Yours.
Limitation of Liability
You acknowledge and agree that in no event will We (including, without limitation, our affiliates and their respective officers, directors, employees and agents) be liable for any direct, indirect, special, punitive, incidental or consequential damages or losses (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of your use of or inability to use the service, or improper use of the Service, even if you have been advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise. You further acknowledge and agree that we may change the Service in whole or in part in its sole discretion without notice to you and without any liability to you whatsoever in connection therewith.
You further acknowledge and accept that Mandi Bhai is only a platform to bring the User’s and the Sellers together to facilitate the purchase of sale of goods with the Application. You, the User, shall not hold Mandi Bhai liable for any damages, injury or loss caused due to the consumption of the items sold via the Mandi Bhai Application.
Governing law
These Terms of Use shall be governed by the laws of India, without regard to principles of conflicts of law.
Disputes
Any action arising out of or relating to these Terms of Use or Your use of the Services must be commenced in the local or high courts located in Allahabad (and You consent to the jurisdiction of those courts).
Interpretation
Headings are for convenience only and shall not be used to construe the terms of these Terms of Use. If any term of this Terms of Use is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms of Use. No failure or delay by Us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.
Indemnity
You agree to indemnify, defend and hold harmless Mandi Bhai and its affiliates, agents, respective employees, directors, officers, agents, managers, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to Your use of the Application, including without limitation any obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Mandi Bhai harmless against any claims made by any third party due to, or arising out of or otherwise relating to Your use of the Application, any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or Your violation of any rights of another, including any intellectual property rights. Further, You agree to hold Mandi Bhai harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use.
Notwithstanding anything to the contrary, Our entire liability towards You under these Terms of Use or otherwise shall only be in connection with refund of the money charged from You for any particular product or service, under which the unlikely liability arises.
Shipping Information
Your Order will be delivered within 48 hours. We process and ship your order in the most cost-efficient way possible so we can pass the savings on to you in the form of free shipping. If you live in an area experiencing an unexpected service delay (Severe weather, natural disasters. Unscheduled events etc) Please add at least 1-2 business days to the estimated delivery date of your order.
The transit time is calculated using business days meaning Sunday don’t count towards the transit time. If no one is available at address when delivery is attempted, we will re-dispatch the shipment on next working day.
Contact Information
If You have any questions or concerns with respect to this Terms of Use or the Application or any information contained on thereon or You come across any activity on the Application that breaches any provisions of this Terms of Use, You may contact Us by writing to Us at contact@mandibhai.com
These Terms of Use supersede any previous versions.