Privacy Policy
Last updated on 09-june-2016
THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND SNAPDEAL (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE "I ACCEPT" TAB OR BY USE OR THE WEBSITE OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND SNAPDEAL FOR YOUR USE OF THE WEBSITE (DEFINED BELOW).
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO MELAKART AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.
By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by Melakart as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.
Medicare Remedies Pvt. Ltd and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, "Melakart") is/are concerned about the privacy of the data and information of users (including sellers and buyers/customers whether registered or non- registered) accessing, offering, selling or purchasing products or services on Melakart's websites, mobile sites or mobile applications ("Website") on the Website and otherwise doing business with Melakart. "Associate Companies" here shall have the same meaning as ascribed in Companies Act, 2013.
The terms "We" / "Us" / "Our" individually and collectively refer to each entity being part of the definition of Melakart and the terms "You" / "Your" / "Yourself" refer to the users.
This Privacy Policy is a contract between You and the respective Melakart entity whose Website You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms of Use or other terms and condition of the respective Melakart entity and its respective Website or nature of business of the Website.
Melakart has provided this Privacy Policy to familiarize you with.
· The type of data or information that You share with or provide to Melakart and that Melakart collects from You;
· The purpose for collection of such data or information from You; Melakart's information security practices and policies; and
· Melakart's policy on sharing or transferring Your data or information with third parties.
This Privacy Policy may be amended / updated from time to time. Upon amending / updating the Privacy Policy, we will accordingly amend the date above. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Privacy Policy.
1.
Information collected and storage of such Information:
The Information (which shall also include data) provided by You to Melakart or collected from You by Melakart may consist of "Personal Information" and "Non-Personal Information".
1.1
Personal Information
Personal Information is Information collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:
i
Your address,
ii
Your address,
iii
Your telephone number,
iv
Your e-mail address or other contact information,
v
Your date of birth,
vi
Your gender,
vii
Information regarding your transactions on the Website, (including sales or purchase history),
viii
Your financial information such as bank account information or credit card or debit card or other payment instrument details,
ix
Your financial information such as bank account information or credit card or debit card or other payment instrument details,
x
Internet Protocol address,
xi
Any other items of "sensitive personal data or information" as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
xii
Identification code of your communication device which You use to access the Website or otherwise deal with any Melakart entity,
xii
Any other Information that You provide during Your registration process, if any, on the Website.
Such Personal Information may be collected in various ways including during the course of you:
i
Registering as a user on the Website,
ii
Registering as a seller on the Website,
iii
Availing certain services offered on the Website. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with Melakart's customer service by phone, email or otherwise or posting user reviews on the items available on the Website, or
iv
otherwise doing business on the Website or otherwise dealing with any Melakart entity.
We may receive Personal information about you from third parties, such as social media services, commercially available sources and business partners. If you access Website through a social media service or connect a service on Website to a social media service, the information we collect may include your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. When you access the Website or otherwise deal with any Melakart entity through social media services or when you connect any Website to social media services, you are authorizing Melakart to collect, store, and use and retain such information and content in accordance with this Privacy Policy.
1.2
Non-Personal Information
Melakart may also collect information other than Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist Melakart to identify You personally.
This Non-Personal Information may include:
i
Your geographic location,
ii
details of Your telecom service provider or internet service provider,
iii
the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),
iv
the operating system of Your system, device and the Website You last visited before visiting the Website,
v
The duration of Your stay on the Website is also stored in the session along with the date and time of Your access,
Non-Personal Information is collected through various ways such through the use of cookies. Melakart may store temporary or permanent "cookies" on Your computer. You can erase or choose to block these cookies from Your computer. You can configure Your computer"s browser to alert You when we attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website.
Ads: Melakart may use third-party service providers to serve ads on Melakart's behalf across the internet and sometimes on the Website. They may collect Non- Personal Information about Your visits to the Website, and Your interaction with our products and services on the Website.
Please do note that Personal Information and Non Personal Information may be treated differently as per this Privacy Policy.
You hereby represent to Melakart that
i
the Information you provide to Melakart from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to Melakart.
ii
Your providing the Information to Melakart and Melakart's consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
Melakart and each of Melakart entities officers, directors, contractors or agents shall not be responsible for the authenticity of the Information that You or any other user provide to Melakart. You shall indemnify and hold harmless Melakart and each of Melakart entities officers, directors, contracts or agents and any third party relying on the Information provided by You in the event You are in breach of this Privacy Policy including this provision and the immediately preceding provision above.
Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
2.
Purpose for collecting, using, storing and processing Your Information
Melakart collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of Melakart entities and shall include the following:
2.1
to facilitate Your use of the Website or other services of Melakart entities;
2.2
to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
2.3
to provide You with information about products and services available on the Website and to send You information, materials, and offers from Melakart;
2.4
to send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
2.5
to send You surveys and marketing communications that Melakart believes may be of interest to You;
2.6
to personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
2.7
to help You address Your problems incurred on the Website including addressing any technical problems;
2.8
if You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
2.9
for proper administering of the Website;
2.10
to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
2.11
to improve the services, content and advertising on the Website;
2.12
to provide value added services such as Single Sign On. Single Sign On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple websites and applications;
2.13
to facilitate various programmes and initiatives launched by Melakart or third party service providers and business associates
2.14
to analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
2.15
to conducting academic research and surveys
2.16
to protect the integrity of the Website;
2.17
to respond to legal, judicial, quasi judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
2.18
to conduct analytical studies on various aspects including user behaviour, user preferences etc.;
2.19
to permit third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product related support;
2.20
to implement information security practices;
2.21
to determine any security breaches, computer contaminant or computer virus;
2.22
to investigate, prevent, or take action regarding illegal activities and suspected fraud,
2.23
to undertake forensics of the concerned computer resource as a part of investigation or internal audit;
2.24
to trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by Melakart;
2.25
to enable a potential buyer or investor to evaluate the business of Melakart (as further described in paragraph 8 of the Privacy Policy).
[Individually and collectively referred to as ("Purposes")]
You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of each of the Melakart entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.
3.
Sharing and disclosure of Your Information
3.1
The Services are not available to You hereby unconditionally agree and permit that Melakart may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various Melakart entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Melakart under applicable law.
3.2
You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when Melakart transfers Your Information to any other entity within or outside Your country of residence, Melakart will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.
3.3
Melakart may share statistical data and other details (other than Your Personal Information) without your express or implied consent to facilitates various programmes or initiatives launched by Melakart, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. We may transfer/disclose/share Information (other than Your Personal Information) to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy.Notwithstanding the above, We use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable You to make payments for buying products or availing services on Melakart. When You sign up for these services, You may have the ability to save Your card details for future reference and faster future payments. In such case, We may share Your relevant Personal Information as necessary for the third parties to provide such services, including your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and we are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments.
3.4
Melakart may also share Personal Information if Melakart believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
3.5
We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
3.6
You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.
4.
Links to third party websites
4.1
Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Melakart unless expressly specified on the Website.
4.2
Melakart is not responsible for any form of transmission, whatsoever, received by You from any third party website. Accordingly, Melakart does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does Melakart control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party websites. The inclusion or exclusion does not imply any endorsement by Melakart of the third party websites, the website"s provider, or the information on the website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such third party websites and it is recommended that You review the privacy policy of such third party websites prior to using such websites.
5.
Security & Retention
5.1
The security of your Personal Information is important to us. Melakart strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Melakart adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Melakart stores Your Personal Information. Each of the Melakart entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all Melakart entities from any claim of damages under contract or under tort.
5.2
If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS)..
5.3
Melakart may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, Melakart is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Melakart is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).
5.4
Notwithstanding anything contained in this Policy or elsewhere, Melakart shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
5.5
A "Force Majeure Event" shall mean any event that is beyond the reasonable control of Melakart and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Melakart), power or electricity failure or unavailability of adequate power or electricity.
5.6
While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.
5.7
You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely..
6.
User discretion and opt out
6.1
You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit Melakart to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective Melakart entity as may be notified to You. In such case, You should neither visit any Website nor use any services provided by Melakart entities nor shall contact any of Melakart entities. Further, Melakart may not deliver products to You, upon Your order, or melakart may deny you access from using certain services offered on the Website.
6.2
You can add or update Your Personal Information on regular basis. Kindly note that Melakart would retain Your previous Personal Information in its records.
7.
Grievance Officer
7.1
If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any terms of Melakart's Terms of Use, Term of Sale and other terms and conditions or polices of any Melakart entity, please contact the following:
7.2
For MediCare Remedies Pvt. Ltd:
Mr. Devidayal M Tripathi, the designated grievance officer under technology Act, 2000
Email: grievanceofficer@melakart.com
7.3
For 3 Networks Consultants : Mr. Prashant Rasam, the designated grievance officer under Information Technology Act,2000
E-mail: prashant@threenetworks.com
7.4
Pay U Money:
Ms. Mamta Verma the designated grievance officer under Information Technology Act,2000
E-mail: mamta.verma@payumoney.com
The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy.
8.
Business / Assets Sale or Transfers
8.1
Melakart may sell, transfer or otherwise share some or all of its assets, including Your Information in connection with a merger, acquisition, reorganization or sale of assets or business or in the event of bankruptcy. Should such a sale or transfer occur, such Melakart entity will reasonably ensure that the Information you have provided and which we have collected is stored and used by the transferee in a manner that is consistent with this Privacy Policy. Any third party to which any of Melakart entity transfers or sells as aforesaid will have the right to continue to use the Information that you provide to us or collected by us immediately prior to such transfer or sale.
8.2
You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
9.
Further Acknowledgements
9.1
is clear and easily accessible and provide statements of Melakart policies and practices with respective to the Information;
9.2
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Melakart / Medicare Remedies Pvt. Ltd or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Melakart, the vendor or the third party that may own the Marks.
9.3
provides for the various types of personal or sensitive personal data of information to be collected;
9.4
provides for the purposes of collection and usage of the Information;
9.5
provides for disclosure of Information; and
9.6
provides for reasonable security practices and procedures.
Website Terms of Use
THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND SNAPDEAL (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE 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 SNAPDEAL FOR THE USE OF THE WEBSITE (DEFINED BELOW).
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.
These Terms of Use of the website located at the URL www.melakart.com and mobile application under the name and style "Melakart" (the Website) is between MediCare Remedies Pvt. Ltd (hereinafter referred to as "Medicare Remedies™" or "Melakart" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Melakart offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").
PLEASE READ THESE TERMS OF USE 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 OF USE, PLEASE DO NOT USE THE WEBSITE.
These Terms of Use together with the Privacy Policy available at http://www.melakart.com/page/terms, the Terms of Sale available at http://www.melakart.com/info/termsofSale, the other policies of the Website available at www.melakart.com under "Privacy policy" section or elsewhere on the Website, the Seller Agreement available at sellers.melakart.com (applicable if You are a seller of the products on the Website) and any other terms which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.
If you are accessing the Melakart mobile application or accessing the Services through the Melakart mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.
1.
General
1.1
Medicare Remedies is a company incorporated under the laws of India, with its registered office at Plot No.C/2,G.No.07, Pilani CHS, Sector 03, Airoli, Navi Mumbai 400708 India and having CIN U74999MH2011PTC218798. Medicare Remedies is an intermediary in the form for Manufacturing, Trading, Export, Import, sales distribution, Services and 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.
1.2
These Terms of Use are subject to revision by Medicare Remedies at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when Medicare Remedies last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. Medicare Remedies may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.
1.3
If there is any conflict:
(i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the
extent of the conflict;
(ii) between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;
(iii) between the Seller Agreement and any other part of these Terms of Use, the Seller Agreement shall take precedence but only to the extent of the conflict;
(iv) between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.
2.
Services
2.1
The 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 issue of coupons and vouchers that can be redeemed for various Products.
3.
Eligibility to Use
3.1
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Melakart system by Melakart for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Melakart and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
3.2
Melakart 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 any reasons for doing so.
3.3
You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another persons
4.
User Account, Password, and Security
4.1
You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
4.2
Registered users: Melakart makes certain sections of the Services available to You through the Website only if You have provided Snapdeal certain required User information and created an account and a Melakart ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (Melakart ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").
In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Melakart of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Melakart cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Melakart or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Melakart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Melakart has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
4.3
Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
4.4
Depending upon whether You are a seller or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and Melakart may collect certain personal information. Your provision of, and Melakart's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Melakart's privacy policy, which is available at http://www.melakart.com/page/terms ("Privacy Policy").
5.
Payments related Information
5.1
Presently, Melakart does not levy any fee for browsing the Website or buying the Products on the Website. Melakart may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. Melakart will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service. You agree that Melakart may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.
5.2
You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Melakart expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
5.3
Melakart may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. Melakart will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, Melakart shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by Melakart with its bank from time to time.
5.4
For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Melakart does not control the same and shall be liable for the same.
5.4
Payment Facility for Your orders: Melakart may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of Melakart's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Melakart shall initiate the remittance of the payments made by Your for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between Melakart and sellers.
6.
User Obligations and Role of Melakart
6.1
Subject to compliance with the Agreement(s), Snapdeal grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
6.2
You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.
6.3
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.
6.4
You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Melakart. You shall not use any deep-link, 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 Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5
If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
6.6
The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Melakart using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Melakart does not endorse any User Content on the Website and is not responsible or liable for any User Content. Melakart reserve the right to disable access to the User Content on the Website.
6.7
You hereby grant Melakart a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
6.8
You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that Melakart is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Melakart is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). Melakart neither recommends You to buy or sell any Products on the Website nor does Melakart endorses any such Products and nor does Melakart provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, Melakart does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
6.9
When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
· belongs to another person and to which the User does not have any right to;
· is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnicall objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
· harms minors in any way;
· impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
· 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 of any other nation;
· infringes any patent, trademark, copyright or other proprietary rights;
· contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
· deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
· engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
· attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Melakart server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
· probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Melakart, including any Melakart Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
· disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
· use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Melakart or other third parties;
· falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
· violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
· violate any applicable laws or regulations for the time being in force within or outside India;
· violate the terms of the Agreement.
6.10
You agree that You are solely responsible to Melakart and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which Melakart or its affiliates or its vendors may suffer) for any such breach.
6.11
Melakart does not pre-screen User Content. Melakart has no obligation to monitor any User Content. However, Melakart at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if Melakart determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where Melakart removes any User Content from the Website, Melakart will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute Melakart's position as an intermediary or impose any liability on Melakart with respect to User Content.
6.12
You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
6.13
You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
6.14
You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
6.15
Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, Melakart reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Melakart as per certain criteria. Any rewards or benefits provided by Melakart and used by You for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by Melakart for the purpose of identifying 'Bulk Order', including but not limited to:
a. Products ordered for commercial resale and not for self-consumption;
b. Multiple orders placed for same product at the same address;
c. Bulk quantity of the same product ordered;
d. Invalid address given in order details; or
e. Any malpractice used to place the order.
6.16
There may be certain orders that Melakart is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in Melakart's inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
6.17
In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.
6.18
In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts Melakart for the same, Melakart may inform the seller to provide or facilitate the provision of such services to the buyer. Melakart is not and shall not be obliged to provide any such additional services. Melakart 's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
6.19
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
7.
Use of Content
7.1
Except as expressly indicated to the contrary in any applicable Additional Service Terms, Melakart hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
· You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
· You may not modify or alter product catalogues available on the Website;
· You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
· You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
7.2
The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
7.3
Any software that is available on the Website is the property of Melakart or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of Melakart.
8.
Intellectual Property Rights
8.1
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Melakart or its licensors and 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. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Melakart reserves the right to change or modify the Content from time to time at its sole discretion.
8.2
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Melakart or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Melakart, the vendor/seller or the third party that may own the Marks.
8.3
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Melakart owns all intellectual property rights to and into the trademark " Melakart ", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4
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 Melakart or thirty party owner of such Contents
9.
Third Party Content
9.1
General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. Melakart may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Melakart shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
9.2
In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Melakart makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.
10.
Disclaimer Of Warranties & Liability
10.1
THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY MELAKART ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FI
