TERMS OF SERVICE

 

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) BEFORE USING THE SERVICES. THESE TERMS FORMS A LEGAL AGREEMENT BETWEEN MESH ADVERTISING AND EVENTS, A SOLEPROPRIETORSHIP INCORPORATED UNDER THE LAWS OF INDIA WITH ITS REGISTERED OFFICE AT PLOT NO.421, LANE NO.2, MAHATMA SOCIETY, BEHIND GANDHI BHAVAN, KOTHRUD, PUNE, MAHARASHTRA 411 038 (THE “LICENSOR”, “COMPANY”, “WE” “OUR” OR “US”) AND YOU, THE USER OF THE PLATFORM ( THE “LICENSEE”, “YOU”, “YOUR” OR “USER” BEING A NATURAL PERSON EITHER IN AN INDIVIDUAL CAPACITY, OR IF ACCESSED OR USED BY OR FOR ANY COMPANY, AN AUTHORISED REPRESENTATIVE).  USE OF THESE SERVICES IS SUBJECT TO THE TERMS SET FORTH BELOW.

FOR THE PURPOSE OF CLARITY USER SHALL REFER TO INDIVIDUALS, WHO ACCESS, VISIT AND/OR USE THE PLATFORM. USERS ALSO INCLUDE THE BUYERS AND SELLERS WHO USE THE PLATFORM TO PURCHASE AND SELL THE PRODUCTS THROUGH THE PLATFORM.

"SERVICES" SHALL REFER TO THE SERVICES PROVIDED BY THE COMPANY TO THE USER ON MESH EXCLUSIVES INCLUDING THE RELATED MOBILE SITE AND MOBILE APPLICATION (“PLATFORM”) AND INCLUDING ANY FUNCTIONALITY OR DATA OR INFORMATION PROVIDED TO THE USER ON THE PLATFORM.

 

BY EXECUTING THESE TERMS OR BY USING THE SERVICES, YOU AGREE TO THE FOLLOWING TERMS.  IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, USING ANY OF THE SERVICES INDICATES YOUR ACCEPTANCE OF THESE TERMS.

 

THESE TERMS ALONG WITH THE NOTIFICATIONS AND COMMUNICATIONS THAT YOU RECEIVE THROUGH THE COMMUNICATION MODES SHALL GOVERN YOUR ACCESS TO AND USE OF SERVICES ON PLATFORM. BY MERELY USING, REGISTERING, ACCESSING THE PLATFORM, YOU AGREE AND ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED HEREIN, AND THESE TERMS INCLUDING THE COMPANY’S POLICIES CONSTITUTE YOUR BINDING OBLIGATIONS TO THE COMPANY. BY USING THE PLATFORM, YOU AGREE TO THE FOLLOWING TERMS AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR ACCESS THE PLATFORM.

 

WHEN YOU USE ANY CURRENT OR FUTURE SERVICES PROVIDED BY US THROUGH THE PLATFORM YOU WILL BE SUBJECT TO THE RULES, GUIDELINES, POLICIES, TERMS AND CONDITIONS APPLICABLE TO SUCH SERVICES AND THEY SHALL BE DEEMED TO BE INCORPORATED INTO THE TERMS AND CONSIDERED A PART AND PARCEL OF THE SAME. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THE TERMS AND CONDITIONS AT ANY TIME. WE WILL NOTIFY YOU ABOUT SUCH CHANGES THAT MAY MATERIALLY IMPACT YOUR USE OF THE PLATFORM. YOUR CONTINUED USE OF PLATFORM FOLLOWING THE CHANGES OR UPDATES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE REVISIONS. ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS. PLEASE READ CAREFULLY BEFORE PROCEEDING. BY ACCEPTING, YOU ALSO ACCEPT AND AGREE TO BE BOUND BY ALL OF COMPANY’S POLICIES APPLICABLE TO YOU, AS AMENDED, FROM TIME TO TIME.

 

YOU SHALL ABIDE BY THESE TERMS AT ALL TIMES WHILE USING THE PLATFORM. THESE TERMS CONSTITUTES AN ELECTRONIC RECORD, WHICH IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES, OR ANY OTHER FORM SUCH AS CLICKWRAP TO INDICATE YOUR ACCEPTANCE OF THESE TERMS.

 

1. ABOUT THE PLATFORM

• The Company provides an online marketplace through its Platform where registered sellers ("Sellers") can offer to sell their products to visitors/browsers of the Platform and registered users which may include a Buyer on the Platform.
• A person who is purchasing any product from the Platform shall herein after will be referred to as a “Buyer”.
• Buyer(s), visitors/browsers of the Platform and registered users of the Platform will be collectively referred to as “User(s)”.
• The Company’s role is limited to managing the Platform and associated marketing, facilitating payment collections, order management, enquiry management and other incidental services to enable the transactions between the Sellers and the Buyers.
• Services are made available on the Platform and to avail the same, Users and Sellers are required to register on the Platform as per these TERMS.
• The purchases made on the Platform by the Buyers for products offered by the Sellers shall be referred to as a “Transaction”.

 

1. ELIGIBILITY

To begin the enrolment process, you must complete the registration process for one or more of the Services provided on Platform and create an account/User ID. By registering on the Platform, you represent and warrant that -

• You can lawfully enter into and form contracts as per the applicable laws and that you are fully able, competent and authorized to enter into the terms, conditions, obligations, representations and warranties set forth in these TERMS.

• If you are a minor i.e. under the age of 18 years, you should get the assistance of a parent or legal guardian to use the Platform.

• If you register as a business entity, you represent that you are duly authorized by the business entity to accept the terms and conditions of these TERMS and you have the authority to bind the business entity to these TERMS and that the business entity is registered under the applicable laws.

• Your use of Platform does not violate any applicable law or regulation.

• You have not been previously removed from using the Service or Platform by Us or your account has not been terminated by Us.

• You do not have any other fictitious account or User ID registered on the Platform.

• All the information provided by you is true, accurate, current and complete, and you will not hold us liable to verify any such information or your eligibility or authority to use the Platform or avail the Services.

 

1. REGISTRATION OF USER ID.

 

Registration on the Platform.

A User shall be able to avail the Services on the Platform only upon completing the registration process on the Platform. As part of the registration process, you understand and acknowledge that it is your responsibility to get complete information of the Services offered by Company, before availing the same and you are required to first register with the Platform, by using the new register/sign up option available at the Platform. You must provide us with your (or your business') legal name, address, phone number, e-mail address, as well as any other information we may request.

 

1. USE OF SERVICE

4.1 Grant of license. The Company hereby grants to the User during the Subscription Term, a fixed-term, non-exclusive, non-transferable, revocable, non-sub licensable, worldwide, limited license to use and access the Platform and/or Services for the User’s internal use only and in accordance with the terms and conditions of these TERMS. Nothing herein contained shall be construed as granting to the User any intellectual property right, which includes copyrights, regarding the Platform and Services except as expressly provided for hereunder. Company reserves all rights not expressly granted herein. Use of the Platform for any purpose not expressly permitted by these TERMS is strictly prohibited.

 

1. ACCESS TO PLATFORM

Company does not guarantee availability of the Platform at all times. We shall take reasonable efforts to make the Services available to you, at all times through the Platform. However, as the Services are provided over the internet, data and cellular networks, the quality and availability of the same may be affected by factors outside Company’s control. Therefore, we shall not be liable for non-availability of the Services at any time. We may try and restore access to the Platform and the Services on a reasonable and commercially viable basis.

 

1. ACCOUNT MANAGEMENT

• Account Information.

You agree that if you provide information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these TERMS, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.

• User ID and password.

User shall be responsible for maintaining the confidentiality of its User ID and its password and User agrees to accept responsibility for all activities that are carried out under its User ID and of the Services in its name. We encourage User to use strong passwords i.e. passwords that use a combination of upper and lower case letters, numbers and symbols with its User ID.

• Unauthorized use of User ID.

You must (i) notify Company immediately in case of any breach of security or unauthorized use of your User ID; (ii) report to Company immediately and use reasonable efforts to stop any unauthorized use of the Services that is known or suspected by you, and (iii) not provide false identity information to gain access to another user’s ID to use the Services. You agree to abide by all applicable laws and regulations. You shall be solely responsible for your acts and omissions. The Company shall not be responsible for any misuse or unauthorized use of your User ID and loss of data or functionality occasioned due to such unauthorized use.

 

1. PAYMENTS

• The products offered by the Sellers can be purchased through the Platform through various methods of payments offered. The sale/purchase of products shall be additionally governed by specific policies of sale, like cancellation policy, shipping policy, return policy, etc.

• Transactions, Transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility offered on the Platform is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Company's Platform. Company shall not be responsible for any damages, interests or claims arising from a transaction being unprocessed.

• The Platform utilizes a payment gateway for online payments. Every User who elects to pay online using such payment gateway hereby agrees to provide accurate information, such as credit/debit card information for purchasing Services on the Platform. Where applicable to any User, you can elect to pay for the Services through various modes of payment: (i) Apple/Google pay, direct bank transfer and Debit & Credit Card; (ii) E-Wallets; Any other mode of payment as may be acceptable to the Company. Every User further warrants that he/she shall not use any payment information or instrument that is not lawfully owned by the User. The Platform disclaims all liabilities arising out of loss of any information pertaining to the confidentiality of the credit/debit card details or any pre-paid instruments. In addition to these TERMS, the terms and conditions of the concerned bank or other financial institution shall also be applicable to every User.

• The Platform is merely a facilitator for providing the Users with payment channels through automated online electronic payments, collection and remittance facility for the payment of Services purchased by the Users on the Platform using the existing authorized banking infrastructure and online payment gateway networks. The Company be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the lack of authorization for any transaction, on account of a You or User having exceeded the credit limit with his/her bank or for any payment issue arising out of the transaction. We disclaim any liability arising out of the failure to process payments by such banks or financial institutions.

• As per the requirements under law, in case a User purchases for an amount equal to or above INR 2 00 000.00, the User will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the User will be cancelled. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again.

• If Company terminates your account; or if you close your account, or if the payment of your order cannot be completed for any reason, you shall be obligated to pay Company for all unpaid fees plus any penalties, as may be applicable.

 

1. COMMUNICATIONS

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

 

1. USE OF THE PLATFORM

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

• You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

• belongs to another person and over which you have no right.

• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’.

• is false, inaccurate or misleading in any way.

• harasses or advocates harassment of another person.

• involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’.

• promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous.

• infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity].

• promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices.

• contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page).

• provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone.

• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses.

• contains unauthorized videos, photographs or images of another person (whether a minor or an adult).

• tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform.

• interferes with another’s use and enjoyment of Platform.

• refers to any website/URL which, at our sole discretion, contains material that is inappropriate for Platform or any other website and content that is prohibited or violates the letter and spirit of these TERMS.

• harms minors in any way.

• infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items.

• violates any law for the time being in force.

• deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature.

• impersonates another person.

• contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information.

• You shall not, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

• The Users hereby irrevocably agree not to circumvent, avoid or bypass the Company, either directly or indirectly, in order to avoid payments of fees or otherwise benefit, either financially or otherwise, from information supplied on the Platform with regards to the sale of the products.

• You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.

• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.

• You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about Company, the brand name or domain name used by Company, or otherwise engage in any conduct or action that might tarnish the image or reputation of Company or other Users on the Platform or otherwise tarnish or dilute any Company trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by Company.

• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.

• You shall enable Company to use the information you provide Company with, so that Company does not violate any rights you might have in your information. You agree to grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of Company. Company will only use your information in accordance with these TERMS.

• You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request, or in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order.

• We reserve the right, but have no obligation, to monitor the material posted on the Platform. Company shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the TERMS. YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE PLATFORM AND YOUR INDEPENDENT COMMUNICATION WITH THE OTHER USERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform.

• The Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Company cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.

• As a registered seller, You are allowed to list item(s) for sale on the Platform in accordance with these TERMS. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. You agree not to list a single product in multiple quantities across various categories on the Platform. Company reserves the right to delete such multiple listings of the same product listed by you in various categories. The Company reserves the right to blacklist any Seller due to repeated negative reviews or User feedback as per the sole and absolute discretion of the Company.

• It is possible that other Users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

• The Company reserves the right to cancel any order placed on the Platform in case the User appears to be fraudulent or in case the order appears to be placed due to a technical glitch/loophole.

 

1. USER REPRESENTATION AND WARRANTY

• User acknowledges and undertake that the User are accessing the Services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform.

• Seller acknowledges and undertakes that Seller, in addition to this Agreement are shall also be bound by applicable laws of India (including without limitation The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules); Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 (D&C Rules); The Consumer Protection (E-Commerce) Rules, 2020; Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) as maybe applicable to an User.

 

1. USER CONTENT

• All text, graphics, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Company has no responsibility or liability over such third-party generated Content as Company is merely an intermediary for the purposes of these TERMS. Except as expressly provided in the TERMS, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Company’s prior written consent.

 

• You may use the information of the Products made available on the Platform for downloading provided you:

 

1. do not remove any proprietary notice language in all copies of such Content;

• use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
• make no modifications to any Content; and
• do not make any additional representations or warranties relating to the Content.

 

• You shall be responsible for the Content posted or transmitted on the Platform by you. The Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such Content (i) to display your Content on the Platform; and (ii) to use it for analytical purpose; and (iii) to host, copy, transmit, analyse, process, store, configure, publish and commercially use the Content, solely as necessary to provide you the Services; and (iv) to exchange it with the marketplace through the interface the Platform supports; and (v) to share required order and/or product details with fulfilment centre or other network partners in order to provide the required Service successfully. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any Content you post may be used by us, consistent with these TERMS, and you are not entitled to any payment or other compensation for such use.

 

• Feedback and customer reviews: The Company hereby reserves to monitor the customer reviews posted on the Platform. The Company shall be free to delete any customer review in case such review is objectionable, defamatory or inappropriate as per the sole and absolute discretion of the Company.

 

• Representation as to Content:

You represent, warrant, and agree that no Content/details shared by you with Platform violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.

In addition to this, you shall ensure that the Content does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party; and  (ii) misrepresents or defrauds the other users as to your identity; and (iii) contains anything that is obscene, defamatory, harassing, offensive, malicious, harmful, abusive, invasive of privacy, defamatory, threatening, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; and (iv) is free from any virus, Trojan etc.

 

• Your responsibility for your Content:

At no point of time, shall we take any responsibility for the Content that you upload through the Platform and you shall indemnify and hold us harmless for any claims related to your Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform. If you violate the TERMS, your User ID will stand terminated and its use thereof shall be permanently suspended. Notwithstanding the foregoing, to the extent applicable by law, we or another defrauded user reserve the right to proceed in legal action against you, in the event of breach under this clause of the TERMS.

 

1. PROPREITARY RIGHTS

There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Company owns all rights in any intellectual property rights created or developed by Company and exclusively owns all rights (including intellectual property rights), title, interest in respect of the Platform.

All Content on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Company’s material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any rights not expressly and unequivocally granted to the User are reserved. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

 

1. DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICES THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE SERVICES, THE PRODUCTS DISPLAYED ON THE PLATFORM AND YOUR USE OF THE SAME THEREOF. COMPANY DOES NOT WARRANT THAT PRODUCT DESCRIPTION OR OTHER CONTENT ON PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE AND ASSUMES NO LIABILITY IN THIS REGARD.

 

COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE PLATFORM'S CONTENT OR THE DETAILS AND CONTENT SHARED BY OTHER USERS ON THE PLATFORM OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, SERVICE AND SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR PLATFORM AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL, TECHNICAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS. COMPANY SHALL NOT BE RESPONSIBLE FOR SERVICE DISRUPTION CAUSED DUE TO LOSS OF INTERNET CONNECTION BETWEEN USER AND THE PLATFORM AND THE IMPACT ON THE USAGE OF USER.

 

You also agree not to interfere with or attempt to gain unauthorized access to any parts of Platform or any accounts, computer systems or networks, etc. You understand and acknowledge that the Platform is prone to unintentional inaccuracies in Content. E.g. typographical errors, improper linkages etc.

 

1. TECHNICAL SUPPORT

The Company shall have a mechanism of ‘technical support’ for your assistance in using the Platform. This ‘technical support’ may be a bot and may further be escalated to the employees of the Company, upper management and finally to the Company’s board of complaint resolution. You agree that you will not approach any court or institute any proceedings or commence any dispute resolution in relation to the Services or the Platform, unless you have utilized this feature on the Platform and exhausted all levels of escalation.

 

1. HYPERLINKS

The Platform may from time to time contain hyperlinks to other websites or mobile applications.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance of any linked website.  Any hyperlink on our Platform to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which it provides. The Company is not a party to any transaction between you and such website.

 

1. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE OR THE CONTENT POSTED ON YOUR USER ID, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES THROUGH THE USER’S ID OR ANY LINKS ON THE PLATFORM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.

 

1. INDEMNITY

You shall indemnify and hold harmless Company, its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out or relating to: (i) details and Content that you submit or transmit for the Services; and (ii) your violation of any rights of any other person in connection with the Platform; and (iii) infringement of any third party intellectual property rights; (iv) any breach of the terms and conditions of these TERMS; (v) any breach of applicable law or violation of any laws and regulations.

 

1. PRIVACY POLICY

The Company is committed to responsibly handle the information and data it collects through the Platform in compliance with the Privacy Policy located at [Insert link for privacy policy].

 

1. SURVIVAL

Provisions such as, disclaimer of warranties, limitation of liability, indemnity, ownership of intellectual property, confidentiality, miscellaneous terms, prohibited conduct shall survive any termination.

 

1. GRIEVANCE REDRESSAL

 

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Redressal Officer are provided below:

Name: Shreeyash Mahajan

Designation: Business Manager

Contact us: meshexclusives2021@gmail.com

Phone: +91 8407992121

Time: Mon – Fri (12:00 - 18:00)

Customer Support: You can reach our customer support team to address any of your queries or complaints by clicking the link,  https://www.meshexclusives.com/pages/contact

 

1. MISCELLANEOUS TERMS

• Choice of Law and Jurisdiction

These TERMS shall be construed and governed by the laws of Singapore. Parties further agree that the courts in Singapore shall have an exclusive jurisdiction over such disputes.

 

• Force Majeure

Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, change in law, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, epidemic, pandemics and any consequences thereof; quarantine lockdowns, riots and any other reasons beyond reasonable control of the Company.

 

• Change in the TERMS

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and the Platform (or any part thereof) with or without notice. Further, the Company reserves the right to change these TERMS at any time and to notify you by posting an updated version of the TERMS on this Platform. You are responsible for regularly reviewing these TERMS. Continued use of the Platform after any such change shall constitute your consent to be bound by the updated TERMS. Your only right with respect to any dissatisfaction with these TERMS, any policy or practice of ours in operating the Platform or any Content available through the Platform, is to stop visiting and using the Platform. These terms were last updated on September 05 2023.

 

• No waiver

The Company’s failure to insist on or enforce strict performance of any of the terms of this TERMS shall not be construed as a waiver of any provision or right.

 

• Severability

If any part of these TERMS is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these TERMS.

 

• No agency relationship

You agree that no joint venture, employment, or agency relationship exists between you and the Company as a result of these TERMS or from your use of the Platform. You shall not make any statement or enter into any commitment, agreements or arrangement on behalf of the Company, unless you are authorized to do so.

 

• Entire agreement

These TERMS and Privacy Policy and other policies notified by the Company constitute the entire agreement between you and the Company relating to this subject matter and supersede any and all prior communications and/or agreements between You and the Company relating to this subject matter.

 

• Contact Us

Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the website to https://www.meshexclusives.com/pages/contact or mail us at support@meshexclusives.com.

 

(I agree)