Terms & Conditions

 

Personal Information 

 

MOJOMANI is the licensed owner of the brand Ezacart and the website Ezacart.com. This Privacy Policy explicitly elaborates on how data is collected and used by MOJOMANI on this site. Visitors and customers are advised to please read the Privacy Policy carefully before proceeding to the site.

 

By accessing the services provided by the site customers hereby agree to the collection and allow the usage of their data by MOJOMANI in the manner provided in this Privacy Policy.

 

Services overview

 

As part of the registration process on the Site, MOJOMANI may collect the following personally identifiable information about the customers: name (including first and last name), alternate email address, mobile number and postal code. It also collects the other information like the customer's demographic profile (like age, gender, occupation, education, address etc). In addition to that, it also gathers information about the pages on the site visited, the links clicked on the site, the number of times customer access the page along with the other relevant browsing information.

 

Eligibility 

 

Services of the Site would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc are not eligible to use the site. If the customer is minor i.e. under the age of 18 years but at least 13 years of age, the site may be used under the supervision of a parent or legal guardian who agrees to be bound by these terms of Use. If the customer's age is below 18 years, his/her parents or legal guardians can transact on their behalf if they are registered users. Such customers are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited. 

 

License & Site access 

 

MOJOMANI grants a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except written consent of MOJOMANI. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the written consent of MOJOMANI. Customers may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the site or MOJOMANI and its affiliates without expressed written consent. Also, it is not advised to use any meta tags or any other "hidden text" utilizing the site’s or MOJOMANI’s name or SGSPL’s name or trademarks without the express written consent of MOJOMANI. Any unauthorized use instantly terminates the permission or license granted by MOJOMANI.

 

Account & Registration Obligations 

 

All shoppers are requested to register and login for placing orders on the site making sure to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt-out either by unsubscribing in "My Account" or by contacting the customer service. 

 

Pricing 

 

All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate frequently however some of the commodities and fresh food prices do change on a regular basis. In case the prices are high or low on the date of delivery, no additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

 

Cancellation by Site/Customer

 

Customers are entitled to cancel their order anytime up to the cut-off time of the slot for which you have placed an order simply by calling our customer service. In such an incident, we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders from our end. We will maintain a blacklist of all such fraudulent transactions and customers and would deny access to them or cancel any orders placed by them from our end.

 

Return & Refunds 

 

We have a "no questions asked return and refund policy" which entitles all our members to return the product at the time of delivery if they are not satisfied with the quality of the product. We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to the customer account on the site. This later can be used to pay the subsequent shopping bills.

 

You Agree and Confirm

 

1. That if a non-delivery occurs on account of a mistake by the customer's end (i.e. incorrect name or address or any other incorrect information) any extra cost incurred by MOJOMANI for redelivery shall be charged from the customer.

2. To use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the site.

3. To provide authentic and true information in all instances where such information is requested. MOJOMANI reserves all the rights to confirm and validate the information and other details provided at any point in time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and other affiliated websites without prior intimation whatsoever.

4. To authorise EZACART to contact you for any transactional purposes related to your order/account.

5. To access the services available on this Site and transact at your sole risk and use your best and prudent judgment before entering into any transaction through this site.

6. Address provided for the delivery of the product ordered by you is correct and proper in all respects.

7. Product description should be well checked before placing any orders on EZACART. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

 

You may not use the Site for any of the following purposes:

 

1. To disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

2. To transmit material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

3. To gain unauthorized access to other computer systems.

4. To interfere with any other person's use or enjoyment of the Site.

5. To breach any applicable laws.

6. To Interfere or disrupt networks or web sites connected to the site.

7. To make, transmit or store electronic copies of materials protected by copyright without the permission of the owner.

 

Colours

 

We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours, you see will depend on the display screen of your computer or mobile. We cannot guarantee the accuracy of your display device.

 

Modification of Terms & Conditions of Service

 

MOJOMANI can at any point in time modify the Terms & Conditions of Use of the Website without any prior notification to the customers. The can latest version of these Terms & Conditions can be accessed by the customers at any given time by regularly reviewing the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not agreeable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of use of this Site.

 

Governing Law and Jurisdiction

 

This User Agreement shall be construed following the applicable laws of India. The Courts at Haldwani shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by MOJOMANI and his decision shall be final and binding on the parties hereto. The above arbitration shall be under the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Haldwani. The High Court of judicature at Bangalore alone shall have the jurisdiction and the Laws of India shall apply.

 

Reviews, Feedback, Submissions

 

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of MOJOMANI. Such disclosure, submission or offer of any Comments shall constitute an assignment to MOJOMANI of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, MOJOMANI exclusively owns all such rights, titles and interests and shall not be limited in any way in its usage, commercial or otherwise. MOJOMANI will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. MOJOMANI is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay any compensation for any comments; or (3) to respond to any Comments. You agree that any Comments submitted to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights, and will not impact any person or entity. You further agree that no Comments submitted by you to the website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". MOJOMANI does not regularly review posted Comments however does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. Customers grant MOJOMANI the right to use the name that was used to submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify MOJOMANI and its affiliates for all claims resulting from any Comments you submit. MOJOMANI and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

Copyright & Trademark

 

MOJOMANI and EZACART, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of MOJOMANI or any third party's intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to MOJOMANI. Any misuse of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of MOJOMANI. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of EZACART, MOJOMANI, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site 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 MOJOMANI endorsement, sponsorship or recommendation of the third party, information, product or service. MOJOMANI is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If one tries to link to any such third-party websites, one does so entirely at one's own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents")and are intended solely for personal, non-commercial use. Downloading or copying the Contents and other downloadable materials displayed on the Website could be done for the personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Reproducing (except as noted above), publishing, transmitting, distributing, displaying, modifying, creating derivative works from, selling or participating in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software is strictly prohibited. All software used on this Website is the property of Ezacart or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly restricted. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by MOJOMANI, one of its affiliates or by third parties who have licensed their materials to MOJOMANI and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of MOJOMANI and is protected by Indian and International copyright laws.

 

Objectionable Material

 

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your own risk and that to the fullest extent permitted under applicable law, MOJOMANI and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

 

Indemnity

 

You agree to defend, indemnify and hold harmless MOJOMANI, its employees, directors, officers, agents and their successors and assigns from and against any claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to MOJOMANI or any third party including but not limited to breach of any warranties, representations or undertakings or concerning the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

 

Termination

 

This User Agreement is effective unless and until terminated by either customer or MOJOMANI. This User Agreement can be terminated at any time, provided the discontinuation or any further use of this Site. MOJOMANI may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny access to the Site, Such termination will be without any liability to MOJOMANI. Upon any termination of the User Agreement by either the customer or MOJOMANI, all the relevant materials downloaded or otherwise obtained from this Site should be destroyed along with all copies of such materials, whether made under the User Agreement or otherwise. MOJOMANI's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel the customer's obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.