Mitraghar- Terms and Conditions
Please read the following terms and conditions (“T&Cs”) carefully before registering for, accessing the products and services as listed in www.mitraghar.com website or any similar platform (hereinafter referred to as mitraghar Platform)on any device and/or before availing any product and services that may be offered by Mitraghar Online Services OPC Pvt Lltd (Referred here as MOSOPL) on the mitraghar Platform.
The product and services offered by Mitraghar Online Services OPC Pvt Ltd. On Mitraghar online platform is a company registered under the Companies Act, 1956 having its registered office at No. 24,Bluebell, Godrej sky garden takka panvel, Navi Mumbai 410206 .
Eligibility
The Mitraghar products and Services are not available to persons under the age of 18 or to anyone previously suspended or removed by MOSOPL from availing the product and Services or accessing the mitraghar Platform.
By accepting the T&Cs or by otherwise using the mitraghar product and services on the mitraghar Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by MOSOPL, or disqualified for any other reason, from availing the mitraghar Services or using the mitraghar Platform.
In addition, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, MOSOPL reserves the right to suspend or permanently prevent you from availing mitraghar Services or using the mitraghar Platform.
1. Definitions
“Customer” or “you” means a person who has registered with mitraghar Platform and avails the mitraghar services , and who has accepted the T&Cs, and a person who owns, operates, or has access to an internet compatible device that supports the mitraghar and the mitraghar Platform.
“ Mitraghar Account” means the Customer’s mitraghar account issued by accepting minimum customer details being Customer name, e-mail address, mobile number, which permit payment for purchase of eligible goods from mitraghar Platform.
“Enrolment Form” means the mitraghar enrolment form, as is required by MOSOPL from the Customer at the time of registration for availing and/or continuation of the mitraghar.
“KYC” stands for know your customer and refers to the personal identification and other information required by MOSOPL from you before any mitraghar Services can be delivered. KYC documents/ information may be required by MOSOPL from the Customer at the time of registration and/or on a later date, for availing and/or continuation of the mitraghar.
“Password” means the secret password used to secure mitraghar applications, without knowledge of which your mitraghar account will not be opertable.
“Transaction” means purchase of eligible products on the mitraghar Platform.
2. Documentation
The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and MOSOPL reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. MOSOPL reserves the right to discontinue services or reject applications for mitraghar account at any time if there are discrepancies in information and/or documentation by you.
You may be required to complete a verification process by furnishing your details (such as your name and date of birth) to comply with the KYC requirement under applicable laws.
Any information provided to MOSOPL with the intention of securing mitraghar services shall vest with MOSOPL, and may be used by MOSOPL, for any purpose that is not inconsistent with any applicable law or regulations, at its discretion.
3. General Conditions for mitraghar account .
You will be issued a mitraghar Account immediately after successful registration.
mitraghars account are available only to resident Indians who have attained the age of 18 years and are competent to contract.
mitraghars account are not transferable.
MOSOPL reserves the right to suspend/discontinue mitraghar services to you at any time, for any cause, including, but not limited, to the following-
For any suspected violation of the T&Cs;
For any suspected discrepancy in the particular(s), documentation or Enrolment Form provided by you;
To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;
If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
If MOSOPL believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
The value stored on your mitraghar account shall NOT be refunded under ANY circumstances and may only utilized to make payments for bona fide Transactions. No interest will be payable by MOSOPL on the available balance reflected on the mitraghar account .
You are permitted to maintain and operate only one mitraghar account . Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by MOSOPL of any of all mitraghars associated with you on the mitraghar Platform. Any operation of or continued availability of any facility respect to the mitraghars from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India.
4. Mitraghar account Validity
Any value in your mitraghar account that is utilized towards making payments for any Transaction shall be automatically debited from your mitraghar account . MOSOPL does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using mitraghar account .
mitraghar account Expiry and Balance Forfeiture.
Your mitraghar account stays active & there is no expiry date for your account balance.
5. Customer Obligations
Any value in your mitraghar account that is utilized towards making payments for any Transaction shall be automatically debited from your mitraghar account . MOSOPL does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using mitraghar account .
mitraghar account availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. mitraghar account availability is subject to the maintenance of a mobile phone handset and other application on which mitraghar Platform can run and the Customer is solely responsible for all liability arising from unavailability of the mitraghar Platform due to a deficient mobile handset or the internet service provider not being able to support any mitraghar channel or application.
You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of mitraghar account . In case the Password is lost or misplaced, you shall promptly inform MOSOPL by calling on the customer care numbers where after the existing Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/SIM card/mobile number associated with your mitraghar account is lost/stolen/misplaced/no longer in your control, you shall promptly inform MOSOPL. MOSOPL will, upon receipt of such information, block the relevant account.
You acknowledge and understand that mitraghar account is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider.
Information submitted by you for availing mitraghar account and/or information submitted while using mitraghar account may be shared by MOSOPL with any affiliate of MOSOPL or any third party, inter alia, to facilitate the provision of mitraghar account or for the purposes specified in the T&Cs.
6. Indemnification.
You agree to indemnify, save, and hold MOSOPL, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to : (i) your use or misuse of the mitraghar account ; (ii) any violation by you of the T&Cs, including the mitraghar account Terms; or (iii) any breach of the representations, warranties, and covenants made by you herein. MOSOPL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MOSOPL, including rights to settle, and you agree to cooperate with MOSOPL’s defense and settlement of these claims. MOSOPL will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these T&Cs, including the mitraghar account Terms.
7. Additional T&C.
Any amount transferred erroneously by the Customer, while executing Transaction on mitraghar Platform, shall not be refunded to the Customer by MOSOPL in any circumstances.
Any web-link on the mitraghar Platform to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in relation to that web-link.
In the event of any Dispute (defined below), MOSOPL records shall be binding as the conclusive evidence of the Transactions carried out through the use of mitraghar account .
MOSOPL shall send all customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
You agree to receive all commercial messages including transactional messages from MOSOPL.
The parties are independent contractors and nothing in these mitraghar account Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership.
8. Amendment of Terms, mitraghar Platform
MOSOPL may modify, terminate and/or suspend mitraghar account to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators. MOSOPL reserves the right to change, modify, add, or remove portions of these T&Cs (each, a change and collectively, changes) at any time by posting notification on the mitraghar Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 12 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the mitraghar Platform, availing the mitraghar service, or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the mitraghar Platform/mitraghar account . For certain changes, MOSOPL may be required under applicable law to give you advance notice, and MOSOPL will comply with such requirements. Your continued use of the mitraghar Platform and the mitraghar account following the posting of changes will mean that you accept and agree to the changes.
9. Confidentiality
You specifically agree that in order to facilitate the provision of mitraghar account , MOSOPL may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise or any third party.
10. Assignment; Restrictions on Information Sharing;
Privacy
These T&Cs, and any rights granted hereunder, may not be transferred or assigned by you without MOSOPL’s prior written consent which may be withheld in MOSOPL’s sole discretion, but these T&Cs, and any rights granted hereunder, may be assigned by MOSOPL freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.
By accepting the mitraghar account Terms here and the T&Cs in general, you agree to be customers of MOSOPL. In addition, by accepting the mitraghar account Terms here and the T&Cs in general, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring MOSOPL’s rights and obligations under the mitraghar account Terms in favour of any affiliate of MOSOPL or any third party; (b) for using the mitraghar Platform and availing the mitraghar Services by you subject to any specific terms and conditions imposed by any affiliate of MOSOPL; (c) for receiving communications, notices and information from MOSOPL or any affiliate of MOSOPL; (d) for sharing of business information (including any information relating to you or the services being availed by you) in relation to the mitraghar service (including data analytics) between MOSOPL and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to MOSOPL’s customers (including you); (ii) provision of better services by MOSOPL’s vendors and Merchant Establishments; (iii) to prevent any breach of a binding agreement between MOSOPL and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by MOSOPL or any affiliate of MOSOPL; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of MOSOPL or of any affiliate of MOSOPL; or (vi) MOSOPL retaining any and all information relating to you till such time as may be required under applicable laws or internal policies. At times MOSOPL or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with MOSOPL to provide products and services, or that help MOSOPL market to customers. Personal information will only be shared by MOSOPL to provide or improve MOSOPL’s products, services and advertising, and will always be shared in compliance with applicable laws.
MOSOPL, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in MOSOPL’s products and services offering any products or services from any mitraghar Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable law.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for MOSOPL to disclose your personal information. MOSOPL may also disclose information about you if MOSOPL determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate
MOSOPL may also disclose information about you if MOSOPL determines that disclosure is reasonably necessary to enforce the mitraghar account Terms here or the T&Cs in general or protect MOSOPL’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of MOSOPL’s business or products or services offered through any mitraghar Platform to any persons (including any affiliates), MOSOPL may transfer any and all personal information that MOSOPL collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees., MOSOPL may transfer any and all personal information that MOSOPL collects to the relevant transferee or enter into contractual agreements to share such information with such third party transferee.
MOSOPL’s privacy policy applies to use of the mitraghar Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the mitraghar Platform, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the mitraghar Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
11. Intellectual Property Rights
MOSOPL, or its licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (hereinafter IP Rights), in and to the mitraghar Platform, mitraghar Services, mitraghar or usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the mitraghar Platform, mitraghar Services or mitraghar or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the mitraghar Platform or mitraghar or use the mitraghar Platform or mitraghar to create a competing product. The “mitraghar” brand has been licensed to MOSOPL. Unauthorized use of “mitraghar” as a word, trademark, symbol, device mark or wordmark, is strictly prohibited. All rights are expressly reserved by MOSOPL to use the brand of “mitraghar” in all its forms and variations.
12. Disclaimer; No Warranties
MOSOPL gives no warranty, express or implied, with respect to the BB Platform and mitraghar. To the fullest extent permissible, pursuant to applicable law, MOSOPL and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. MOSOPL provides the mitraghar Platform and the mitraghar and any other technology and services on the mitraghar Platform are on an “as is”, “where is”, “with all faults” basis.
No advice or information, whether oral or written, obtained by you from MOSOPL or through the mitraghar or the mitraghar Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “MOSOPL” includes MOSOPL’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the mitraghar on the mitraghar Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the mitraghar Platform or on the Internet generally.
The mitraghar and the mitraghar Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. MOSOPL, and its third-party suppliers, licensors, and partners do not warrant that the data, MOSOPL software, functions, or any other information offered on or through the mitraghar Services/mitraghar Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
MOSOPL and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the mitraghar Services/mitraghar Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the mitraghar Services/mitraghar Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement.
This section shall survive termination of the T&Cs. In no event will MOSOPL be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the mitraghar Platform.
13. Waiver and Release
The failure of MOSOPL to exercise or enforce any right or provision of the T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by MOSOPL. To the maximum extent permitted by law, you waive, release, discharge and hold harmless MOSOPL, its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the mitraghar Platform or mitraghar.
14. Consent to Electronic Communications and Transactions
By registering to use the mitraghar account , you consent to conduct Transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when MOSOPL sends an electronic communication to your e-mail address/mobile number as per our records, or when MOSOPL posts an electronic communication on the mitraghar Platform. The pre-requisites for effective electronic Transactions and communications are as follows: (a) you must have access to the Internet through a broadband connection or mobile data or through any other applications; and (b) you must have a valid e-mail address and mobile number. You can withdraw your consent for electronic communication at any time by contacting MOSOPL, but MOSOPL reserves the right to terminate your mitraghar Account, as the case may be, upon such withdrawal. Withdrawal of your consent for electronic communication will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify MOSOPL promptly if your email address, mobile number or other contact information changes by updating your account information or contacting MOSOPL.
15. Limitation of Liability
In no event, MOSOPL or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) these T&Cs; (ii) the mitraghar, the mitraghar Platform or any reference site/app/platform/service; or (iii) your use or inability to use the mitraghar, the mitraghar Platform (including any and all materials) or any reference sites/app/platform/service or (iv) any other interactions with MOSOPL, however caused and whether arising in contract, tort including negligence, warranty or otherwise, even if MOSOPL or a MOSOPL authorized representative has been advised of the possibility of such damages. You acknowledge and agree that MOSOPL has offered its products and services, set its prices, and entered into these T&Cs in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and MOSOPL, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and MOSOPL. MOSOPL would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, MOSOPL’s liability will be limited to the fullest extent permitted by applicable law. This section of the mitraghar Terms shall survive the termination of these T&Cs.
16. Dispute Resolution
If any dispute, controversy or claim arises under these T&Cs or in relation to a mitraghar account or the mitraghar Platform, including any question regarding the existence, validity or termination of the mitraghar account Terms or the T&Cs in general or these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, MOSOPL may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English. Either you or MOSOPL may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai necessary to protect the rights or the property belonging to you or MOSOPL (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor MOSOPL may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and MOSOPL. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these T&Cs.
17. Governing Law
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against MOSOPL must be resolved by a court having jurisdiction in Mumbai India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. These T&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.
18. Severability
If any provision of the T&Cs in general or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the T&Cs to the minimum extent required, and the remaining provisions will remain valid and enforceable.
19. Customer Service
Any questions, comments or complaints related to your mitraghar account should be referred to mitraghar customer care by email to customercare@mitraghar.com, or by calling our customer service number at +91 93212 59095.
