Terms & Conditions, valid from 24th Dec 2024.

 

These terms and conditions (“User Terms”/ “Terms”) apply to your use of the Platform. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By agreeing to use the Platform and the Services, you are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE PLATFORM AND THE SERVICES. If you do not accept any of the User Terms, then please do not avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY IN RESPECT OF THE USE OF THE PLATFORM AND THE SERVICES.

Your acceptance of the User Terms shall be deemed to include your acceptance of the Privacy Statement available at Privacy Policy. If there is any conflict between these User Terms and any other applicable terms, in relation to the Platform or the Services, these User Terms shall prevail. 

The Agreement (defined hereunder) is applicable to any Users when they install, download, or even visit or access any part of the Platform or utilize the Services. The Agreement between User/you and Company is effective on the date on which the application is downloaded/website is accessed and/or the date on which terms of Agreement are updated, which are accepted by you before accessing any of the Services, creating a legally binding arrangement between you and the Company.

 

 

1. DEFINITIONS

1.1 “Agreement” means these Terms and Conditions and the Privacy Statement.

1.2 “Applicable Law(s)” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India;

1.3 “Application “means the mobile application, ‘HiSAVE’- covering all range of Consumer & Merchant features in the platform.

1.4 “Company”, “Us”, “Our”, “We” means Mwin Fintech Private Limited

1.5 “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Company.

1.6 “Privacy Statement” means Privacy Statement as updated from time to time and available on Privacy Policy

1.7 “Platform” means the mobile application, website, or any other online platform operated by the Company, as applicable, wherein the User will be able to purchase the goods and services offered and interact with the Company.

1.8 “Services” means provisioning of certain services offered by the Company through the Platform to the User, and includes any related services in relation to the same.

1.9 “Website” means the website,www.gohisave.com;

1.10 “User Terms”/”Terms” means these Terms and Conditions recorded herein.

1.11 “You”/ “you”, “Your”/”you”, “User” means a user of the Platform.

2. ELIGIBILITY, ACCOUNT AND REGISTRATION

 

2.1 You can use your account created on the Platform to access the Services. You are solely responsible for all activities that occur under such account created by you, including the transactions made using such account created by you; the Company shall not be liable for any such activity undertaken from your account in any manner whatsoever.

2.2 You hereby confirm that you are an adult, over 18 (eighteen) years of age, resident Indian national and any information you provide shall be true, accurate, current, and complete. These User Terms are legally binding contract under Indian Contract Act, 1872. You are utilizing the Services under these Terms only on Your own behalf and not on behalf or in respect of any third party. You authorize us to contact you via WhatsApp, telephone, email or other medium in relation to the Agreement.

2.3 You hereby confirm that you have the requisite authorization to enter into this contract, if You are using the Platform and/or Services on behalf of any other person, You expressly warrant that You have the requisite legal authority and rights to use the Platform and/or the Services and to upload/ provide any information, data and materials on behalf of such other person. The responsibility and liability of entering into this Agreement is solely on the User; the Company shall not be liable for any actions relating to the User using the Platform and/or the Services on behalf of any other person, in any manner whatsoever.

2.4 In addition to other clauses in these User Terms and your explicit consent before utilizing the Services on the Platform, you agree and specifically consent that We may collect, process, store, transfer, transmit or otherwise use your information we obtain pursuant to your consent for utilizing the Services for a period not exceeding 10 (ten) years or such other time period as applicable, from the date of your consent. The details of the information that We collect and the way We use such information is detailed in the Privacy Statement, which forms part of these Terms and shall stand incorporated herein by reference. If these User Terms are not acceptable to You, please do not provide any of Your information to the Company 

2.5 You are required to enter a valid phone number while registering on the Platform. By such registration, You consent to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for Services, subscription, promotional updates etc. You may opt-out of such services, subscription, promotional updates either through the opt out means provided or by writing to the support team.

2.6 You declare that all information/details shared by You are true and correct to the best of your knowledge. In the event there is any change in such information, You will promptly inform the Company and update the information in your account details. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these User Terms, or if it is discovered that you do not meet the terms and conditions herein, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

2.7 If you use the Platform, You are solely responsible for all activities that occur under the account crested on the Platform and all transactions made by You thereunder and the Company shall not be liable for any such activity in any manner. You are responsible for maintaining the confidentiality of your account, password, user identification codes and OTPs, if any and for restricting access to your computer/any device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account and/or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

2.8 You must comply with all the Applicable Laws when using the Services and You are not permitted to use the Services under false pretenses or in violation of Applicable Laws.

2.9 You hereby confirm that the consent/ instruction and/ or approval so provided by You on the Platform will be valid, effective, and binding on You without any further enquiry or due diligence as to the identity of the person purporting to give such consent/ instruction and/or approval. You accept and agree that you shall utilize the Platform and the Services for Your own personal use alone. Neither shall You impersonate another person nor use any information that belongs to another person and to which you do not have any right to. In case of any dispute pertaining to Your use of the Platform and the Service on behalf of anybody else, impersonation of someone else and/ or using information that belongs to someone else, You alone shall be solely responsible.

2.10 You understand and acknowledge that in addition to the consent which may be sought from time to time for use of the Services on the Platform, by agreeing to these Terms, you explicitly and affirmatively provide consent in your use of the Platform, and the Services.

3. ACCESS TO THE PLATFORM 

 

3.1 We shall ensure that our Platform is eligible for easy access to all our customers. However, We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform may be suspended, withdrawn, discontinued, or changed without notice to you. We will not be liable to you if, for any reason, the Platform or the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection, are aware of these User Terms and other applicable terms and conditions, and that they comply with them.

 

 4. SCOPE OF SERVICES AND LIMITATIONS 

 

4.1 The Services provided by the Company are available and valid only for use in India. The Services offered by the Company through the Platform is merely a technology platform to facilitate and enable Users to uilize the Services facilitated herein. However, any offer from foreign seller needs to be concluded by you directly. The platform is your shopping advisor.

4.2 Any data that You submit to Us through the Platform shall be governed by the Our Privacy Statement.

4.3 You understand that the Company reserves the right to vary, alter or modify the User Terms and the terms relating to the Services, at any time and at Our sole discretion. Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated by Us from time to time, without any explicit permission from You. We shall inform You from time to time regarding such updates and You are required to be aware of same. Using the Services once does not entitle automatic eligibility to use similar products in the future.

4.4 You understand, agree and acknowledge that We will have the right to send You reminders electronically or by post and/or SMS and/or push notifications, messages through social media such as WhatsApp to Your registered phone number and/or Your e-mail, as applicable, regarding the account created on the Platform, payment, offers, contests, Services offered and for any such incidents related thereto and reach You on your registered phone number during reasonable hours if You fail to pay the outstanding amount by relevant due date. You agree and undertake not to revoke the aforesaid consent to receive SMS, messages, calls, e-mail and other notifications through any manner whatsoever. You further acknowledge and confirm that You are aware of the nature of telecommunications/internet services and that an email transmission may not be received properly.

4.5 You further acknowledge that any default from You relating to the Services obtained from us and/or violation of the User Terms may attract legal charges against You, and the Company may at its sole discretion pursue such civil or criminal action. Relevant parties may send you legal notices and may report such defaults and/or initiate legal proceedings against You. You agree to assume and bear all the risks involved in connection with your obligations to be fulfilled to utilize the Services and undertake that that the Company shall not be responsible in any manner.

4.6 You hereby accept and agree that We reserve the right to withdraw, discontinue or stop the provision of the Services, at any time, at Our sole discretion, in which case, Your use of the Services shall automatically stand terminated.

 
 5. SPECIFIC TERMS RELATING TO THE SERVICES

 

5.1 Products and Services: Currently, we only showcase the best price with the available discounts of the products augmented through tie-ups, info on websites etc. In near future, You may place order through the Platform based on the products showcased and if availability of the same. You understand and agree that the Company shall only be able to provide You with the products based on the availability. The Company shall take all reasonable efforts to make sure that the Platform shall reflect accurate information relating to the Services including but not limited to the product availability, delivery availability, delivery time and such other information. However, there might be certain instances where a part of the Services, including the products may not be available. You understand and agree that such events may not be deliberate, and the Company shall not be held liable in any manner whatsoever as these events are beyond reasonable control of the Company.

5.2 Pricing:We conduct diligence to ensure that prices of all products are correct and up- to-date at all times. However, from time to time, prices for certain products may vary and may not be current or may inadvertently be inaccurate on account of technical issues out of our control, for example, typographical errors or incorrect product information provided to Us by any suppliers/manufacturers. In each such case, notwithstanding anything to the contrary, We reserve the right to cancel the order without any further liability or notice to You at our sole discretion which will be conclusive and binding. Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product listed on the Platform will be sold at a price higher than its MRP (Maximum Retail Price). You understand and acknowledge that where applicable, delivery and packaging charges may be additionally charged to You.

5.3 Payment Terms: You agree that the debit/credit card or such other payment related details provided by you for use of the purchase of Services is correct and accurate and that you will not use a debit/credit card or such other payment modes, that is not lawfully owned by you or the use of which is not authorized by the lawful owner thereof. You may pay for Services by using a debit/credit card or through online banking account, UPI, wallets, cash on delivery (COD) or such other payment modes offered by the Company on the Platform. The Company may place a cap on the amount allowed for COD orders, at its sole discretion. Further, you warrant, agree, and confirm that when you initiate a payment transaction and/or issue an online payment instruction and provide card/bank details/ or such other payment related details:

(a) You are authorizing debit of the nominated card/bank account/wallet/such other modes you have chosen, for the payment of amount selected by you along with the applicable fees/taxes.

(b) You are responsible for ensuring sufficient credit/amount is available on the nominated card/bank account/wallet at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by you inclusive of the applicable fees/taxes.

(c) You assume complete responsibility for the ownership and/or usage of any payment method for the Services.

5.4 Damaged and defective goods: The platform takes no responsibility for any quality of goods or services, as it is your responsibility and it is between Seller/Third party & you.

5.5 Delivery: The platform takes no responsibility for any delivery of the goods or services, as it is your responsibility, and it is between Seller/Third party & you.

 

6. CANCELLATION AND REFUND

 

6.1 The platform takes no responsibility for any cancellation of the goods or services, as it is your responsibility, and it is between Seller/Third party & you.

 

 

7. RETURN POLICY

 

7.1 The platform takes no responsibility for any return of the goods or services, as it is your responsibility, and it is between Seller/Third party & you.

 
8. INTELLECTUAL PROPERTY RIGHTS

 

8.1 We are the licensed user of the brand ‘HiSAVE’ and the Platform, with license from Mwin Fintech  Private Limited(MFPL), a private company limited by shares incorporated under the Companies Act, 2013, having its registered office at L25 Ridgwoood Estate DLF Phase 4,Gurugram, Haryana 122009.  All content included on the Platform, such as text, graphics, names, design marks, slogans, logos, service marks, button icons, images, illustrations, audio clips, video clips, digital downloads, data compilations, software and any such intellectual property (“Marks”), is Our property, or the property of MFPL, its affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights and database rights laws. Users are prohibited from using any Marks for any purpose without the written permission of the Company or such third party which may own the Marks; No trademark or service mark license is granted in connection with the materials contained on the Platform. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license of any of Ours or MFPL’s or any third party’s Marks.

8.2 All content on the Platform is solely for your personal, non-commercial consumption. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial consumption is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. For the purposes of this clause, any use for which you receive any remuneration, whether in money or otherwise (i.e. in kind), is a commercial use.

8.3 Reference on the Platform to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Our or MFPL’s endorsement or recommendation, information, product, or service. We or MFPL are not responsible for the content of any third- party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so at your own risk.

8.4 If You have comments regarding the Services and/or the Platform or ideas on how to improve it, please contact our customer service. Please note that by doing so, You hereby irrevocably assign to the Company, and shall assign to the Company, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

8.5 You understand that We are solely responsible for the Services and products provided through the Platform and therefore, all grievances in this regard must be addressed to Us in the manner provided in these terms and conditions. No communication to MFPL will be deemed to be communication to Us.

 

 

9. SOFTWARE TERMS

 

9.1 Use of the Platform:

(a) You may use the Platform including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Services solely for purposes of enabling you to use and enjoy the Services as provided by Us, and as permitted by these Terms and any other terms. You may not incorporate any portion of the Platform into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the sublicense Platform or otherwise assign any rights to the Platform in whole or in part. You may not use the Platform for any illegal purpose. We may cease providing any Services and We may terminate your right to use the Platform or any portion thereof at any time. Your rights to use the Platform will automatically terminate without notice from Us if you fail to comply with any of these Terms or any other terms issued by Us from time to time. Additional third- party terms contained within or distributed within the Platform that are specifically identified in related documentation may apply to that Platform (or software incorporated with the Platform) and will govern the use of such software in the event of a conflict with these Terms. All software used in any Platform is Our property or property of MFPL and/ or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

(b) You agree, undertake, and confirm that your use of Platform shall be strictly in accordance with applicable law and shall be governed by the following:

(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:

a. belongs to another person and to which you do not have any right to.

b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.

c. is false, inaccurate or misleading in any way.

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

e. 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.

f. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).

g. contains video, photographs, or images of another person (with a minor or an adult) without their express written consent.

h. solicits passwords or personal identifying information for commercial.

i. involves engaging in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of ‘virtual’ products related to the Platform.

j. interferes with another User’s use and enjoyment of the Platform.

k. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.

l. harm minors in any way.

m. impersonates another person.

n. contains software viruses, or any other computer code, 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.

o. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and

p. creates liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider or other suppliers.

(c) You shall not use any ‘web-crawl’, ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity. The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/ participation in any way on your own or through group/(s) of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services). 

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

(e) You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.

(f) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the term “HiSAVE”, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or the Company’s systems or networks, or any systems or networks connected to the Company.

(g) You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal you send to Us on or through the Platform or any service offered on or through the Platform.

(h) You shall always ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and all applicable laws, rules, and regulations regarding Your use of Our Service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force and shall not use the Platform for any purpose that is unlawful.

(i) You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms to use any information obtained from the Platform to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person without Our prior explicit consent. You understand that We always have the right to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

(j) We reserve the right, but have no obligation, to monitor the materials posted on the Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND PRIVATE MESSAGES THAT YOU SEND TO OTHER USERS. Please be advised that such content posted does not necessarily reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

(k) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

(l) It is possible that other users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your public disclosure of such personal information on the Platform against the Privacy Statement of the Company, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized use, 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 against the Privacy Statement of the Company. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

9.2 Use of Third-Party Services: When you use the Platform, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

9.3 No Reverse Engineering: You may not, and you will not encourage, assist, or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Platform, whether in whole or in part, or create any derivative works from or of the Platform.

9.4 License to use the Platform:  

(a) We grant you a limited license to access and make personal use of the Platform, but not to download (other than page caching) or modify it, or any portion of it, except with Our written consent. This license does not include any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the Platform, without Our express written consent. You may also not create and/or publish your own database that features substantial parts of Our Platform, without Our written consent.

(b) You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) that belongs to Us or Our affiliates, without express written consent from Us or MFPL or any of Our Affiliates or group companies, as applicable. You will not use any metatags or any other ‘hidden text’ utilizing Our or Our affiliates’ or Our group companies’ names or trademarks or logos, without express consent thereof. Any unauthorized use terminates the permission or license granted by Us or Our affiliates, as applicable, to you.

(c) You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of the Platform as long as the link does not portray Us, Our affiliates or Our Platform, or their products or services, in a false, misleading, derogatory, defamatory or otherwise offensive manner. You may not use Our logo or other proprietary graphic or trademark as part of the link, without express written consent of Our affiliates or Us, as may be applicable.

 

 

10. YOUR CONTENT AND INFORMATION

 

10.1 You own and bear all liability for all the content and information that you post on the Platform. In addition, please see the below:

(a) For content that is covered by intellectual property rights, such as photos and videos (“IP Content”), you specifically grant Us a non-exclusive, transferable, sub-licensable, royalty free, worldwide, and perpetual license to use any IP Content that you post on or in connection with the Platform.

(b) When you delete IP Content, it is deleted in a manner like emptying the recycle bin on a computer. You understand that removed IP Content may persist in backup copies for a reasonable period of time (but will not be available to others, except as required under lawful orders of a court or other such legal authority).

(c) Notwithstanding the above, You agree that We may retain and use any of your IP Content, data or information to provide you the Services and for ancillary purposes including, but not limited to research and analysis in accordance with applicable laws and Our Privacy Policy.

 

 

11. CLAIMS AGAINST OBJECTIONABLE CONTENT

 

11.1 The Company lists millions of products offered for sale on the Platform and hosts many thousands of comments, it is not possible for Us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, the Platform operates on a ‘notice and takedown’ basis. If you believe that any content on the Platform is illegal, offensive (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (‘Objectionable Content’), please notify Us immediately. Once notified, We will verify the complaint and based on our reasonable judgment, make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.

 

12. INDEMNIFICATION

 

12.1 Per the provisions of the User Terms herein, You agree to indemnify, defend and hold harmless the Company, its affiliates, its directors, officers, partners, members, agents, representatives, suppliers, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorney’s fees, incurred by the Indemnified Parties arising out of, related to, or which may arise from:

(a) Your use of the Services.

(b) Any orders placed by You on the Platform.

(c) any breach or non-compliance or violation by You of any term of the Agreement.

(d) any dispute or litigation caused by Your action or omission; or

(e) Your negligence or violation or alleged violation of any applicable law or right of a third party.

 

 

13. DISCLAIMER OF LIABILITY

 

13.1 We hereby disclaim all warranties and conditions regarding these User Terms, information, software, products, and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The suppliers providing the products to Us or any such third parties we may take services from are independent entities and We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting, therefore.

13.2 Except as otherwise provided by law or in the Terms of Use or the Privacy Policy, the Platform and Services are provided by the Company on an “AS IS” basis. The Company makes no representations about the interpretation/suitability of any information provided through the Platform and/ or its Services. You agree that the use of the Platform and/ or Services is entirely at Your own risk.

13.3 You acknowledge that You are responsible to maintain confidentiality of all details of registration, account information and other ancillary details at the time of registration or at any other time in Your interaction with the Platform.

 

14. LIMITATION OF LIABILITY

 

14.1 We shall not under any circumstances be liable for any direct, indirect, special, incidental, punitive or consequential damages, or for lost business, lost data or lost profits / opportunity etc., arising out of or in connection with Your usage of or inability to use the Platform, Your access to, display of or use of the Platform or with the delay or inability to access, display or use the Platform (including, but not limited to, Your reliance upon opinions appearing on the Platform; any computer viruses, information, software, linked sites, products, and services obtained through the Platform), from any third-party claims as a result of Your access or use of the Platform and/or Services or any violation by You of the Terms of Use in an action of tort, contract, negligence or other action, even if We may be advised of the possibility of such damages. Further, notwithstanding anything contained otherwise, the aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from any User for purchases made pursuant to an order under which such liability has arisen and been established.

 

 

 

15. FORCE MAJEURE

 

15.1 We shall not be liable for any failure or delay to perform any of its obligations if such performance is prevented, hindered or delayed, in part or entirely, by any Force Majeure event beyond the control of the Company (such as war, sabotage, fire, flood, pandemic, epidemic, explosion, earthquake, acts of god, acts of third parties, civil commotion, lock down, strikes or industrial action of any kind, riots, insurgency, acts of government, breach of computer systems, malfunctioning of computer systems/ servers by any malicious code or virus, mechanical or technical errors/failures, power shutdown, failures in telecommunication or internet services etc.). We reserve the right to withdraw/ suspend the Services so long as the Force Majeure event continues.

 

16. GOVERNING LAW AND JURISDICTION

 

16.1 These Terms shall be governed and construed in accordance with the laws of India. You hereby agree that any legal action or proceedings may be brought exclusively in the competent courts/tribunals having jurisdiction in Bangalore and both the Company and You irrevocably submit to the jurisdiction of such courts/tribunals.

 

17. AMENDMENT

 

17.1 The Company reserves the right, in its sole discretion, to change, amend or otherwise modify the User Terms at any time, without prior notice, and your continued access or use of the Platform and the Services affirms your consent of the updated, amended, or modified User Terms from time to time. Use of the Platform includes accessing, browsing, or registering to use the Services. These User Terms also govern the terms on which you may place orders, make purchases and payments on the Platform. If you object to these User Terms or any subsequent amendment or modification of these User Terms in any way, Your only recourse is to immediately terminate use of the Platform the Services. We may require You to agree to additional terms (if any) between You and the Company in connection with specific services that You may avail from us from time to time.

 

18. GENERAL TERMS

 

18.1 If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed in order to effectuate the purpose and intent of this Agreement, and the invalidity or unenforceability of any provision of this Agreement in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.

18.2 Notwithstanding anything contained otherwise, any provision hereunder that by its nature is intended to survive termination, will survive such termination.

18.3 The failure of the Company to exercise or enforce any right or provision of these User Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these User Terms will be effective only if in writing and signed by the Company.

18.4 Except as otherwise expressly provided in these User Terms, there shall be no third- party beneficiaries to these User Terms.

18.5 For the purpose of these Terms, the Company’s prior written consent shall mean a communication coming from the Company’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization.

18.6 These User Terms constitutes the entire agreement between You and the Company and governs Your use of the Platform, superseding any prior agreements between You and the Company.

 

19. ZERO LIABILITY

 

19.1 You agree and acknowledge that You have unequivocally consented to these User Terms in relation to availing the Services. You also agree and acknowledge that the Company has no liability whatsoever in relation to the Agreement and You shall not initiate any legal proceedings against the Company and any person related thereto with respect to the Agreement.

 

20. GRIEVANCE
 

20.1 If you have any concerns or grievances with respect to the Services or any content hosted, transmitted, published, updated or shared on the Platform, You may contact the Grievance Officer via email HiSAVE@mo-save.com. We will analyze the query and take such action as We deem appropriate under the circumstances.

 

21. CONTACT US

 

21.1 If you have any other queries relating to the usage of the Platform or the Services, you may contact Us by sending an e-mail to: hisave@mo-save.com

 

22. DISCLAIMER

22.1 You acknowledge and undertake that you are placing orders on the Platform at your own risk and volition and are using your best and prudent judgement before entering any transactions through the Platform.

22.2 The contents of the Platform are only for information purposes. Users are advised to rely on information posted herein for any purpose only after verification and confirmation of the same from authentic and authoritative sources. Exact status may be confirmed from source. The Company or any related party thereto are not responsible for any consequences that may arise out of any actions or inactions of manufacturers of the products nor any breach of conditions, representations or warranties by the manufacturers of the products and hereby expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the Platform. All content, information, software, products, services, and related graphics are provided as is, without warranty of any kind from Us. There may be a time gap in internet/ online posting/ transmission of information and availability of such information at browsers’ end. We shall not mediate or resolve any dispute or disagreement between you and the manufacturers of the products.

22.3 No contents/ portion of the contents, graphics, picture, or presentation in the Platform may be used without explicit permission in writing from Us. Usage of contents/ parts thereof without verifiable and expressed permission from Us will attract legal consequences.

22.4 We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. The Company shall have no obligations or liabilities in respect of any transactions undertaken through the Platform.

22.5 We shall not be responsible for any cancelled or failed transactions or payments attempted using credit cards, debit cards, net banking or any other means on the Platform. You further agree that We shall not be responsible or liable for cancellations or failures which take place on account of you exceeding the existing limit on your credit card.