TERMS & CONDITIONS:
THESE TERMS & CONDITIONS IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND MOCOFFER.COM (BOTH TERMS DEFINED BELOW). THESE TERMS & CONDITIONS WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND MOCOFFER.COM FOR THE USE OF THE WEBSITE (DEFINED BELOW).
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS &CONDITIONS , PLEASE DO NOT USE THE WEBSITE.
Your use of the web page and organizations and mechanical assemblies are directed by going with terms and conditions as material to the Website including the relevant methodologies which are participated in this by strategy for reference. Then again, you execute on the Websites and at risk to the techniques that are suitable to the Website for such trade. By straightforward use of the Website, You will contract with mocoffer.com and these terms and conditions including the methodologies build up your coupling duties, with Mocoffer.com.
1.1 Mocoffer.com is a company incorporated under the laws of India, with its registered office at Oec complex no:G8 New no:231 old no:111,Linghi chetty street Parrys CHENNAI, 600001 Tamil Nadu, India, and having CIN U52609TN2019PTC133040. Mocoffer.com is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered (“Products”), and other incidental Services thereto (“Services”) including use of the Website by any User.
1.3 If there is any conflict:
(ii) between the Additional Service Terms and any other part of these Terms & Condition, the Additional Service Terms shall take precedence in relation to that Service;
(iii) between the Seller Agreement and any other part of these Terms & Condition, the Seller Agreement shall take precedence but only to the extent of the conflict;
2.1The Website is an electronic platform in the form of an electronic marketplace and an intermediary that
(a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers/customers), and
(b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and
(c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and
(d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include the issue of coupons and vouchers that can be redeemed for various Products.
3) Membership Eligibility
3.1 Use of the site is open just to individuals who can shape legitimately limiting contracts under Indian Contract Act, 1872. Individuals who are “graceless to contract” inside the significance of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc are not able to use the Website. If you are more youthful than 18 years (minor), you won’t enroll as a person from the site and won’t sell or purchase any things on the site. As a minor on the accident and wish to purchase/sell a thing on the web page such purchase or arrangement may be made by your legal watchman or watchmen who have enlisted as customers of the Website. We keep up whatever expert is expected to end your cooperation and won’t outfit you with access to the Website if it is discovered that you are more youthful than 18 years.
3.2 Mocoffer.com reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according to any reasons for doing so.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind Your business/legal entity to this User Agreement.
4) User Account, Password, and Security
4.1 In the event that, you utilize the Website as Registered User, you are responsible for keeping up the grouping of your User ID and Password. You agree to: (a) Provide veritable, definite, current and complete information about yourself as incited; and (b) Maintain and rapidly update the User Account Data to keep it certified, exact, current and complete. In the event that, you give any information that is false, mixed up, not present or inadequate or We have reasonable grounds to guess that such information is false, off base, not present or divided, or not according to the User Agreement, We hold the choice to uncertainly suspend or end or square access of your enlistment with the Website and won’t outfit you to give access to the Website. On the off chance that that you (vendor) need to close the record you are will without a doubt fulfill all of the solicitations successfully put and give a notice of around sixty days least early, basically after each solicitation have been arranged viably will the Seller Account be shut.
4.2 Registered users: Mocoffer.com makes certain sections of the Services available to You through the Website only if You have provided Mocoffer.com certain required User information and created an account and a Mocoffer.com ID through certain log-in ID and password (“Account”).
4.3 You agree that Mocoffer.com shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
4.4 If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there from.
5) Electronic Communication
5.1 When you use the site or send messages or other data, information or correspondence to us, you agree and fathom that you are interfacing with us through electronic records and you agree to get trades from us irregularly at whatever point required. Mocoffer.com will pass on you through email or different substances on the Website which will be viewed as the agreeable organization of notice/electronic record. You agree that all the agreements, notices, disclosures and other communications that we provide to You electronically shall be deemed to be an adequate service of notice/electronic record and satisfy any legal requirement that such communications be in writing.
6) Fees and Services
6.1 Membership on the Website is free. Being an Intermediary under the Information Technology Act, mocoffer.com does not charge any fee for browsing and buying on the Website. However, before You list an item for sale through the Website, we request You to review our Fees and Credit Policy, which is hereby incorporated by reference into this agreement. mocoffer.com Mocoffer.com reserves the right to change its Fee Policy and Credit policies from time to time and its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Mocoffer E-commerce Private Limited within such time as specified in the invoice
6.3 Taxes:: You are accountable for paying all costs related to the use of the Website and you agree to hold up under every single material obligation, charges, cases, etc forced, therefore.
6.4 Non-payment: mocoffer.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to mocoffer.com. Mocoffer.com also reserves the right to take legal action in case of non- payment of fees.
7) Utilization of the website
7.1 You understand and agree that Mocoffer.com and the Website merely provide hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Mocoffer.com neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. .com has no control over the third party user generated contents and does not provide any guarantee with respect to any such contents and Mocoffer.com shall not be held liable for any loss suffered by You based on Your reliance on or use of such data/content.
7.2 You agree, endeavor and attest that your substance, Your use of the Website shall be strictly governed by the following binding principles:
7.3 Your Information” is described as an information you provide for us or various customers of the Website (“Users”) in the record nuances, offering, acquiring or posting process, in the analysis/comments area or through any email feature. You are only responsible for your Information, and we act similarly as a uninvolved conductor for your online allotment and conveyance of your Information.
7.5 In terms of Information Technology (Intermediaries Guidelines) Rules, 2011, You agree and undertake that You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that;
- belongs to another person and to which You do not have any right;
- The appallingly dangerous, aggravating, threatening, pornographic,offensive, foul, unequivocal, pedophile, censorious, meddlesome of another’s insurance, scornful, or racially, ethnically stunning, disparaging, relating or enabling illicit duty shirking or wagering, or for the most part unlawful in any capacity whatever; or unlawfully undermining or unlawfully bothering including anyway not obliged to “vulgar depiction of women” inside the contingency of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way
- Hurt minors in any way
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen items;
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- Abuses any law for the present in force;
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Bamboozles or swindles the beneficiary/customers about the start of such messages or passes on any information which is horrendously antagonistic or undermining in nature;
- Impersonate another person/entity;
- contains programming contamination’s or some other PC code, archives or tasks proposed to interfere with, crush or farthest point the value of any PC resource; contains any Trojan horses, worms, time bombs, drop bots, Easter eggs or other PC programming plans that may hurt, adversely intrude, decrease estimation, stealthily get or hold onto any system, data or individual information;
- Compromises the solidarity, uprightness, shield, security or intensity of India, very much arranged relations with outside states, or open solicitation or makes prompting the commission of any cognizable offense or maintains a strategic distance from the assessment of any offense or is insulting some other nation
- solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- Will not, truly or by suggestion, offer, try to offer, trade or try to trade anything, the overseeing of which is denied or bound in any capacity under the courses of action of any appropriate law, rule, rule or standard until further notice in power. Without inclination to the comprehensive articulation of the previously mentioned, mocoffer.com does not permit trades in the going with things including yet rather not obliged to classes as communicated in the Prohibited and Restricted Items Policy which can be gotten to at mocoffer.com Rules and Policies.
- Will not make a hazard for us or cause us to lose (in whole or somewhat) the organizations of our ISPs or various suppliers; and
- shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, The Indecent Representation of Women (Prohibition) Act, 1986, Information Technology Act 2000 as amended from time to time and rules there under;
- are indistinguishable from different things you have available to be purchased yet are estimated lower than your thing’s value, the save cost of the thing or least offered sum;are simultaneously recorded available to be purchased on a site other than the Website;
7.7 You address and certify that you will be the sole and particular legal owner of every single thought about thing, product or consequences of any depiction that you wish to offer accessible to be obtained on the Website. You will have all out right, title and pro to deal in and offer accessible to be bought such things, product or things.
7.8 In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to Your knowledge, You shall take all steps to inform Mocoffer.com of the same at [email protected]
7.9 You will reliably ensure full consistence with the suitable courses of action of the Information Technology Act, 2000 and leads there under as appropriate and as changed from time to time and besides all material Domestic laws, standards and rules (tallying the arrangements of any significant Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (checking, yet not compelled to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) concerning your use of our organization and your posting, purchase, mentioning of offers to purchase, and freedom of things or organizations. You will pass on any trade-in a thing or organization, which is precluded by the courses of action from claiming any material law including exchange control laws or rules for the time being in power. Explicitly you will ensure that if any of your things recorded on the Website qualifies as a “Curio” or “Craftsmanship treasure” as described in the Act (“Artwork”), you will show that such Artwork is “non-exportable” and offered subject to the arrangements of the Arts and Antiquities Act, and will ensure that it isn’t passed on to any buyer at any place outside India.
7.9 You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
7.10 Consistently, you will be responsible for giving information relating to the things or organization’s proposed to be sold by you. In this affiliation, you grasp that every such datum will be precise in all respects. You won’t distort or over emphasize the focal points of such things or organizations so as to cheat various Users in any capacity
7.11 You agree that You or any of your affiliates, Subsidiaries, associate partners to your knowledge, any of your officers , directors or employees or vendors have not (i) made or offered to make or receive any direct or indirect payments in violation of any applicable Indian law including anti-bribery and anti-corruption laws and other laws (for eg. U.S Foreign Corrupt Practices Act and the U.K Bribery Act 2010), including any contribution, payment, commission, rebate, promotional allowance or gift of funds, property or any other economic benefit in cash or kind or thing of value to or from any employee, official or agent of any employee, official or agent of any Governmental Authority where such an activity amounts to be illegal and in violation of applicable laws. If You have reasonable suspicion of the existence of such conduct, You shall immediately inform Mocoffer.com of such knowledge and if requested by Mocoffer.com, provide to Mocoffer.com such information it may reasonably require regarding such conduct. Mocoffer.com shall also have the right to audit periodically merchant/sellers if need be in compliance with the above. Mocoffer.com shall upon knowledge of such activities have the right to suspend or terminate the services without prior written notice should it become aware of a breach by the User of the representation and warranty given herein above.
7.12 You won’t try to go around or control our Fee structure, the charging technique or Fees owed to Mocoffer.com as ordered in Mocoffer.com Rules and Policies, and melded by strategy for reference in this Agreement.
7.13 From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be correct and accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. It may bis possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It may also possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve such unauthorized use, but by using the Website, You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
8) Platform for Communication
8.1 MOCOFFER.COM’s ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL MOCOFFER.COM. HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL MOCOFFER.COM HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND Interest IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
8.3 Mocoffer.com does not control, endorse or accept responsibility for any product (including but not limited to product catalogs) proposed to be sold or offered to be sold or purchased on the website or any linked sites. Mocoffer.com makes no representations or warranties whatsoever about, and shall not be liable for the Seller or any such third parties, their products including representations relating to merchant ability, the fitness of a product or service for a particular purpose, warranty as to specific products and non-infringement of third party intellectual property rights. Any transactions that the Buyer may have with such third parties are at Buyer’s own risk. The products shall be subject to Seller’s terms and conditions for warranty, service, and maintenance, and Mocoffer.com does not accept any responsibility for the same. Mocoffer.com also does not accept any responsibility for the usage of the products by the Buyer.
8.4 Mocoffer.com does not make any depiction or certification with respect to the thing focal points, (for instance, legal title, money related soundness, character, etc.) of any of its Users. You are urged to openly affirm the bona fides of a particular User that you oversee on the Website and use your best judgment for that advantage.
8.5 Mocoffer.com specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Buyer from the Seller and Mocoffer.com shall not assume any liability if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation of the order.
8.6 All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after-sales services related to goods and services. mocoffer.com does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between Buyers and Sellers.
8.8 The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Mocoffer.com is only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with Mocoffer.com nor shall Mocoffer.com have any obligations or liabilities in respect of such contract for sale. Mocoffer.com is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply as offered by the Sellers.
8.9 The Website is only a scene through which Users can accomplish a greater base to buy and sell things. Mocoffer.com is simply giving a phase to correspondence and it is agreed that the understanding accessible to be obtained of any of the things or organizations will be a cautiously bipartite contract between the trader and the buyer. In less time, the right, title or eagerness over the things vest with Mocoffer.com nor will Mocoffer.com have any duties or liabilities in respect of such a contract. Mocoffer.com isn’t accountable for unsatisfied duties.
8.10 You release and reimburse Mocoffer.com just as any of its officials, agents, Directors, Employees, Shareholders from any cost, damage, commitment or other consequence of any of the exercises of the Users of the Website and unequivocally swear off any cases that you may have for this advantage under any material law. In spite of its reasonable undertakings for that advantage, Mocoffer.com can’t control the information given by various Users which is made available on the Website. You may watch other User’s information to be unfriendly, damaging, erroneous, or bewildering. In the event that it’s not all that much inconvenience utilize caution and practice safe trading when using the Website. If its all the same to you that there may be dangers in overseeing outside nationals, underage individuals or people acting under insincerity.
8.11 You acknowledge and undertake that You are accessing the services on the Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inaction of Sellers nor any breach of conditions, representations or warranties by the Sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
9.3 We may disclose personal information to third parties. This disclosure may be required by us to provide You with the access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose Your personal information to third parties for their marketing and advertising purposes without Your explicit consent.
10.1 Without obliging various fixes, Mocoffer.com may confine your activity, rapidly empty your information or offers, or send your posting, alert various Users of your exercises, speedily quickly/uncertainly suspend or end or square your enlistment, just as won’t give you access to the Website in the event, anyway not limited to:
- In the event that com is unfit to affirm or approve any information you give; or
If it is believed that Your actions may cause legal liability for other Users or Mocoffer.com. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Mocoffer.com or use the Website in any manner whatsoever until such time that such User is reinstated by Mocoffer.com. Notwithstanding the foregoing, if You breach the User Agreement or any other documents it incorporates by reference, Mocoffer.com reserves the right to recover any amounts due and owing by You to Mocoffer.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
11.1 By purchasing on an item You agree to be bound by the conditions of sale included in the item’s description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or are unlawful. In case of consumer goods, the Sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if You so desire.
11.2 Mocoffer.com strongly advises You not to test the Website with false purchases, as it will put You at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Mocoffer.com.
11.3 You, as a buyer, appreciate that the portion office may not be available in full or somewhat for certain characterization of items just as organizations or possibly trades as referenced in the Mocoffer.com Rules and Policies. Consequently, you may not be equipped for a markdown in respect of the trades for those product or possibly benefits.
11.4 Please note that in the event any inaccurate information is provided by You regarding Your identity, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You. If You are a registered Buyer on the Website we encourage You to post feedback for the Seller after the transaction is closed.
11.5 In case of purchase of an Artwork which is marked as “non-exportable” on the Website or it is illegal to export the same, You agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
Shipping and Fulfillments
11.1 Mocoffer.com from time to time may offer certain fulfillment services to Sellers, however, Sellers remain responsible for the overall shipping quality, delivery, and cost of shipping. Mocoffer.com may provide pick-up and delivery services to Sellers but all of these services are provided as contract or outsourced services on behalf of the merchants. At no time, Mocoffer.com takes the title or ownership of any product or inventory.
12) Purchaser Protection
12.1 If Mocoffer.com has uncertainty or realizing, that any of its people are locked in with any activity is wanted to give cases or information that is false, misleading or not genuine. By then Mocoffer.com may while sparing its rights to begin normal and also criminal methods against part may in like manner at its sole vigilance suspend, square, bind, drop the customer id of Registered User or conceivably block that part and any related people from benefiting affirmation through this program. and such necessary action against the Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
12.2 Mocoffer.com does not permit the merchants to sell duplicate, spurious, knock-offs or grey channel items. Merchant guarantees to sell only genuine products to customers through Mocoffer.com. All Merchants listing their products on Mocoffer.com are required to enter into an agreement to list and sell only genuine products. We also encourage the merchants to extend all the warranties, guarantees as entailed in the product by the Merchant/Seller to You, all this at a great price and with the best customer services in the industry. It is however clarified that the Mocoffer.com seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinity and authenticity of the products and/or the Seller, for which the Seller shall be solely responsible and liable.
12.3 Mocoffer.com keeps up its position to begin normal and furthermore criminal methods against a customer who archives invalid just as false cases or gives false, divided, or misleading information. Despite the real strategies as recently referenced, Mocoffer.com may at its sole consideration suspend, square, limit, drop the customer id (and its related customer ids) of such customer or possibly block that part and any related people from profiting protection through this program
12.4 The people who, purposefully and with reason to mischief, cheat or dupe, reports a Fraudulent Complaint containing false, divided, or misleading information may be culpable of a criminal offense and will be charged by every single potential confinement level of the law.
As a registered member, You may list item/s for sale/advertising on the Website in accordance with the Listing Policies more fully detailed at Mocoffer.com under General Policies and which is incorporated by way of reference in this Agreement. You represent that You are legally allowed to sell/advertise the item(s) You list for sale/advertising on Mocoffer.com. You further agree to ensure that the products sold/advertised by You through Mocoffer.com are genuine and are not counterfeit or stolen/ spurious /grey channel or knock-off items. You further agree to ensure that the items/products listed by You on Mocoffer.com do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties.
12.1 You acknowledge that if any genuine claim is received by mocoffer.com from any person or Customer, mocoffer.com may in its sole discretion block Your merchant/user account and/or remove the products listed by You on mocoffer.com, without any prior notice to You. mocoffer.com would however provide You a post facto intimation regarding the same. You agree that You shall have no claim whatsoever against mocoffer.com in this regard and the decision of mocoffer.com, as aforesaid shall be binding on You.
12.2 You, as a seller, will be required to dispatch the items just as organizations for each trade to the buyer inside the time range as gave in mocoffer.com Rules and Policies to ensure that the product or possibly advantages are passed on inside described time length. mocoffer.com will charge its reward and various costs as material on the off chance that the solicitation get dropped due to deferral in transport of things with in the stipulated time referenced in mocoffer.com Rules and Policies or mixed up stock numbers in the structure. You will without a doubt revive the stock reliably to avoid such solicitation withdrawals and charges.
12.3 The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Mocoffer.com reserves the right to delete such multiple listings of the same product listed by you in various categories.
13.1 While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (i) Lack of authorization for any transaction/s, or (ii) Exceeding the preset limit mutually agreed by You and between “Bank/s”, or (iii) Any payment issues arising out of the transaction, or (iv) Decline of transaction for any other reason/s
13.2 Mocoffer.com uses third party payment providers to receive payments from the Buyers on Seller’s behalf. Mocoffer.com is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Mocoffer.com takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, Mocoffer.com does not release the payment to Sellers until the order has been received by the Buyers and they are satisfied with it. Mocoffer.com shall only make payments to the Sellers subject to realization of payment received from the Buyer to Mocoffer.com. The Seller payment is typically net of the service fee charged by Mocoffer.com for its services and after deduction of applicable withholding taxes (if any).
13.3 Installments for things on the Website can be made through electronic figuratively speaking. The Payments office engages electronic aggregation using the present Indian banking and credit/charge card and such other structures through the organizations of pariah Payments passage provider Razorpay. Mocoffer.com isn’t responsible for deferrals or mistaken trade execution or clearing out of solicitations in view of Payment issues.
13.4 Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Mocoffer 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 Mocoffer platform.
14.1 We encourage Registered Buyers on the Website to provide feedback to the Sellers after the transaction has been closed, It can make all Users to acknowledge what it takes after to deal with the said buyer/seller. After you lead a trade, if relevant, we ask you to leave analysis for the buyer or seller that you oversaw. On the off chance that it’s not all that much inconvenience recall that you can’t pull back the info once you have surrendered it Further You agree that the feedback You provide to the Website shall be deemed to be non- confidential and will be displayed along with Your user Name. Mocoffer.com won’t be accountable for the information that you post on the Website and you should be vigilant about making comments that are not real in nature and should not to post injurious or unlawful or threatening/profane substance.
14.2 You may not take any actions that may undermine the integrity of the feedback system. If You continue to receive negative feedback ratings, mocoffer.com reserves the right to suspend Your membership, and You will be unable to list, buy or bid on the Website. You agree that Your feedback shall not contain confidential or proprietary information of You or of third parties.
(i) Export – As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, You agree that You shall not market or export Your Website feedback rating in any venue other than on the Website.
(ii) Import – We don’t give the particular ability to empower you to import the contribution from various destinations to Mocoffer.com in light of the fact that a composite number. Without the contrasting analysis does not reflect your genuine online reputation inside our district.
15) No Warranty
15.1 THE WEBSITE, SERVICES, CONTENT, USER CONTENT, AND ANY THIRD PARTY CONTENT ARE PROVIDED BY MOCOFFER.COM ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MOCOFFER.COM MAKES NO WARRANTY THAT:
(I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT;
15.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOCOFFER.COM WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MOCOFFER.COM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
15.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MOCOFFER.COM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. MOCOFFER.COM HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT MOCOFFER.COM NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. MOCOFFER.COM SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, MOCOFFER.COM SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND MOCOFFER.COM CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. MOCOFFER.COM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. MOCOFFER.COM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
16) Limitation of Liability
16.1 In no event shall Mocoffer.com or its suppliers, affiliates, service providers and their respective officers, directors, employees, partner be liable for any direct, indirect, incidental, special, incidental, consequential , exemplary or punitive damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or based on any theory of liability including breach of contract or warranty, negligence or other tortuous action or any other claim arising out of or in connection with Your use of or access to the Website, its services ,content or this agreement (however arising, including negligence).
(i) Your breach of the Agreement(s); or
(ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or
(iii) any claim that any Third Party Content/content, information or materials provided by You caused damage to a third party; or
(iv) Your violation of any rights of another, including any intellectual property rights.
16.2 Mocoffer.com hazard in any circumstance is compelled to the proportion of costs, expecting any, paid by you to Mocoffer.com. Mocoffer.com, its accomplices, partners and pro centers and development accessories make no depictions or Warranties about the exactness, steadfastness, satisfaction, just as luckiness of any substance, information, programming, content, structures, associations or trades gave on or utilizing the Website or that the undertaking of the Website will be sans botch just as ceaseless. In this manner, Mocoffer.com acknowledges no hazard at all for any cash related or other damage suffered by you due to;
- Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
Any interruption or errors in the operation of the Website.
17.1 You will reimburse and hold harmless Mocoffer.com and (as material) Mocoffer.com’s subsidiaries, affiliates, third parties, and their respective shareholders, officers, directors, agents, and employees, from any case or solicitation, or exercises including reasonable legal advisers charges, made by any outcast or discipline constrained due to or developing out of your break of the Mocoffer.com User Agreement and Rules and Policies or the chronicles they unite by reference, or your encroachment of any law, fundamentals or rules or the benefits of a pariah.
17.2 Mocoffer.com may notify You of any claims which You shall be liable to indemnify Mocoffer.com against. You will then be required to consult with Mocoffer.com regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Mocoffer.com without the express prior written consent of Mocoffer.com which can be withheld or denied or conditioned by Mocoffer.com in its sole discretion.
18) General Provisions
18.1 None of the courses of action of the User Agreement will be respected to contain a relationship among you and Mocoffer.com and you will have no expert to tie Mocoffer.com in any capacity by any means. On the off chance that any stipulation of the User Agreement will be viewed as invalid, void or in any capacity whatsoever unenforceable, such explanation will be respected sever able and won’t impact the authenticity and approve limit of the remainder of the states of the User Agreement.
18.3 Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted here under or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void abinitio. mocoffer.com rights and/or obligations under the Agreement are freely assignable or otherwise transferable by mocoffer.com to any third parties without the requirement of seeking Your prior consent. Mocoffer.com may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Mocoffer.com shall have the right to transfer Your Account and Account Information to a third party who purchases mocoffer.com business as conducted under the Website.
18.4 Sever ability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed sever able and shall not affect the validity and enforce ability of the remaining clauses of the User Agreement.
18.6 Entire Agreement: This Agreement sets forth the entire understanding and agreement between You and mocoffer.com with respect to the subject matter hereof.
18.8 Dispute Resolutions: (i) Generally, transactions are conducted smoothly on mocoffer.com. However, there may be some cases where both the Buyers and Sellers may face issues at mocoffer.com, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers. (ii) A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue. (iii) It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold immediately until the issue is resolved.
How is a ‘dispute’ resolved?
Whenever there is a disagreement relating to any transaction, the users can write to [email protected] in order to raise a dispute. Once a dispute is raised by either party, mocoffer.com shall try to mediate and resolve the matter amicably.
18.9 Grievance Officer: In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
Mocoffer E-commerce Private Limited
New no:231 Old no:111 Linghi chetty street, Parrys Chennai-600001, Tamilnadu, India.
CIN No: U52609TN2019PTC133040
E-mail ID: [email protected]er.com / [email protected]
Phone No: +91-9094900187
19) Intellectual Property Right
19.1 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Mocoffer.com or their vendors/sellers or respective third parties. You are not permitted to use the Marks without the prior consent of Mocoffer.com, the vendor/seller or the third party that may own the Marks.
19.2 This site is controlled and operated by Mocoffer.com and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights.
19.3 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Mocoffer.com or thirty party owner of such Content.
19.4 The design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Your use of the Website, by no means, are any rights implicitly or expressly granted to You in respect of such Content. Mocoffer.com reserves the right to change or modify the Content from time to time at its sole discretion.
In the event that that any discussion rises among you and Mocoffer.com in the midst of your use of the Website or starting there, with respect to the authenticity, getting, utilization or asserted break of any course of action of the User Agreement, Rules and Policies or the reports they solidify by reference, the inquiry will be suggested a sole middle person will’s identity a free and unprejudiced outcast recognized by Mocoffer.com. The spot of intercession will be New Delhi. The Arbitration and Conciliation Act, 1996, will regulate the intercession methodology. The statement methodology will be in the English language.
21) Governing Law
21.1 The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between You and Mocoffer.com shall be subject to the exclusive jurisdiction of courts in New Delhi, India.
21.2 This document is an electronic record of the Information Technology Act, 2000 and the amended plans identifying with electronic records in various goals as changed by the Information Technology Act, 2000. This electronic record is made by a PC system and does not require any physical or automated imprints.