Term Conditions Page

ATERMS AND CONDITIONS FOR USE OF MOZKART

Welcome to MOZKART

The portal www.MOZKART.com and its corresponding mobile application (collectively, “MOZKART”), is managed and operated by Siwaria Retails (OPC) Private Limited (“ MOZKART”, “we”, “us” or “our”). Any natural or legal person who accesses and/or uses MOZKART in any manner (“you” or “ your”) or uses any current or future service or functionality or offer made available on MOZKART(“Service ”) will be subject to these terms and conditions for use of MOZKART(“ Terms of Use”), as updated from time to time and such terms, guidelines and conditions as may be applicable to such Service (“ Service Terms”). If these Terms of Use are inconsistent with such Service Terms, the Service Terms will control to the extent of such inconsistency with respect to the applicable Service.

These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms of Use carefully before using or accessing MOZKART or availing any Service. By using the MOZKART or availing any Service, you signify your agreement to be bound by these Terms of Use.

1. USE OF MOZKART

You agree and acknowledge that MOZKART is an online platform that enables you to purchase the products listed on MOZKART at the indicated price at any time from the serviceable locations . Except where we are the seller of the relevant product on MOZKART, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on MOZKART. Accordingly, such contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on MOZKART.

2. ELIGIBILITY

Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access MOZKART. If you are a minor i.e. under the age of 18 years, you may use MOZKART only with the involvement of a parent or guardian.

3. REGISTRATION AND OPERATION OF YOUR ACCOUNT

In order to use MOZKART and avail the Services, you will have to register on MOZKART. Registration is a one-time process and is free of cost. You may register in one of the following ways:

By creating a MOZKART account: You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your MOZKART

account at any time.

By using a third-party account: You may use the login credentials from any third-party accounts maintained by you, as identified by MOZKART

(for example, Google or Facebook). If you use such third party account, you will also be subject to specific terms and conditions applicable to such account, as may be imposed by the relevant third-party.

Your credentials shared by you at the time of registration and your MOZKART login ID and password are referred to as “ Account Information”.

You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the ‘Your Account’ area of the website.

You will: (a) immediately inform MOZKART of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. MOZKART will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to MOZKART or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to MOZKART, restrict placement of new orders, cancel pending orders, deactivate, or suspend your account on MOZKART, without any notice to you, at our sole discretion, for reasons which may include: (a) breach of these Terms and Conditions, Privacy Policies or any other applicable policy; or (b) violation of any applicable laws; or (c) suspicion of your involvement in any inappropriate or unlawful conduct; or (e) suspicion of your involvement in placing fake orders, frequent cancellations, returns, or abuse of any policy; or (f) directly or indirectly threaten to or cause harm to the brand image of MOZKART on a public forum (including but not limited to social media, print or electronic media); or (g) causing harassment to MOZKART and / or its employees / or its agents.

4. COMMUNICATION AND UNSUBSCRIPTION

You understand that once you have shared your Account Information and successfully registered on MOZKART, you may receive SMS or email notifications from MOZKART relating to your registration and transactions on MOZKART.

You may also receive such notifications regarding any marketing / promotional activities that maybe available on MOZKART from time to time. By sharing your Account Information and registering on MOZKART and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

5. PERSONAL INFORMATION PRIVACY

During the course of your registration on and usage of MOZKART or availing the Services, MOZKART may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.

MOZKART respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, MOZKART has formulated the Privacy Policy, which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object terms of our Privacy Policy, please do not use or access MOZKART or avail the Services. For more information, please refer to the Privacy Policy.

6. DISCLAIMERS

MOZKART will try to make access to and use of MOZKART error-free and without interruptions. However, your access to MOZKART may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on MOZKART. MOZKART does not take responsibility for any access or usage problems that arise from internet related issues at your end.

All information in relation to third parties, including sellers and the products listed by them onMOZKART (“ Third Party Information”) are provided only for reference. MOZKART, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.

MOZKART may contain user generated content which MOZKART does not pre-screen and which contains views that may be opinions of users/ experts. MOZKART will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). Reliance does not promise that the user generated content on MOZKART is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.

To help you in identifying the products of your choice, description of the products are provided on MOZKART by the relevant seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/color of the products when delivered may differ for various reasons.

The Services included on MOZKART are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. MOZKART does not covenant or provide any representations and warranties:

 in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on MOZKART;

that the Services will be made available at all times;

that the operation of MOZKART, including the functions contained in any content, information and materials on MOZKART or any third-party sites or services linked to MOZKART will be uninterrupted, or that the defects will be rectified, or that MOZKART or the servers that make such content, information and materials available are free of viruses or other harmful components; and

that the MOZKART Content available on MOZKART is complete, true, accurate or non-misleading.

Parties other than MOZKART and its affiliates may operate stores, provide services, or list or sell product lines on MOZKART. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. MOZKART does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on MOZKART is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.

To the extent permitted by applicable law, MOZKART disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on MOZKART.

MOZKART 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 you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.

7. USER WARRANTIES AND RESTRICTIONS

You represent and warrant that: (a) your use of MOZKART and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to  MOZKART and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable MOZKART policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, MOZKART will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify MOZKART and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

You will use MOZKART for lawful purposes only, and will not undertake any activity that is harmful to MOZKART or its content or otherwise not envisaged through MOZKART. You have a limited license to access and use MOZKART, solely for the purpose of availing the Services, subject to these Terms of Use.

The use of the Platform by you is restricted to personal use only, and you will not use any portion of MOZKART (including the contents on the Platform) or Services for any resale or commercial purpose.

You will not do any of the following:

Delete or modify any content on MOZKART, such as any information regarding the Services, their performance, sales or pricing;

Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search MOZKART;

Make false or malicious statements against the Services, MOZKART.

Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage MOZKART and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of MOZKART and/or the Services;

8. TERM AND TERMINATION

These Terms of Use shall be effective from the date of their publication on MOZKART.

MOZKART reserves the right to terminate the Services in the event of breach of any terms contained in these Terms of Use, misrepresentation of information, any unlawful activity by you or if MOZKART is unable to verify or authenticate any information submitted by you.

You may terminate these Terms of Use at any time, provided that you discontinue any further use of MOZKART. However, any such termination shall not cancel your obligation to pay for a product purchased onMOZKART, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

9. MISCELLANEOUS

In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that MOZKART will not be liable for any transaction between itself and any such third parties.

These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by MOZKART, for the use of MOZKART, and the rights and liabilities with respect to any Services to be provided by MOZKART shall be limited to the scope of these Terms of Use.

TERMS AND CONDITIONS OF SALE

Welcome to MOZKART!

The terms and conditions of sale as set out herein (“ Terms of Sale”) constitute an agreement between the person/ entity listed as seller (“we”, “us” or “our”) on the portal www.MOZKART.com and its corresponding mobile application (collectively, “MOZKART”) and you (“ you” or “your”) and govern your purchase of the products (“Product(s)”) from us on or through MOZKART. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.

These Terms of Sale are in addition to various agreements, Service Terms, Privacy Policy, Terms of Use and all other policies of MOZKART. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. Our Contract of Sale

Listing and display of a Product by us on MOZKART is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on MOZKART by you is your offer to buy the Product(s) from us.

Once you have placed an order with us for purchase of a Product, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

You acknowledge that there may be certain Products in your order whose actual quantity may not be known at the time of order placement (for example, fruits, vegetables, etc.). Such Products will therefore be invoiced based on the exact weight at the time of packaging and upon dispatch, our Shipment Confirmation will reflect such marginal variance in the quantity of the Product as against your original order and relevant adjustment in the invoice amount.

If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.

You can cancel your order for a Product at no cost at any time before we send the Shipment Confirmation relating to that Product.

All orders placed on MOZKART are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.

You acknowledge and accept that the title and risk of all Products ordered by you shall pass on to you upon the delivery of the purchased Products to you.

2. Return and Refund

Please review the Returns Policy and Refund Policy of MOZKART, which applies to Products sold by us.

3. Product Availability

We list availability information for the Products on the relevant webpage of MOZKART. Beyond what we say on that webpage or otherwise on MOZKART, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any Products you order turn out to be unavailable or out of stock.

4. Product Pricing

All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.

Products in your shopping cart of MOZKART will reflect the most recent price as displayed on the Product’s information webpage on MOZKART. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order.

Prices of most of the Products do not fluctuate on a daily basis but prices of some of the Products (such as fresh food, vegetables, etc.) do change on a daily basis. In case the prices are higher or lower 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,

5. Licenses

You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.

6. Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

7. Eligibility

Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use MOZKART and place an order with us. If you are a minor i.e. under the age of 18 years, you may purchase the Product on MOZKART only with the involvement of a parent or guardian.

8. Limitation of Liability

In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the refund of money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.

9. Amendments

We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

10. Force Majeure

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

11. Waiver

No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

12. Governing Law and Dispute Resolution

These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of haryana.

13. Miscellaneous

In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Service Terms or Terms of Use.

These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.

Our customer support team who can be contacted at the below mentioned details:

Contact Details:

Customer Support Email – SUPPORT@MOZKART.COM

CALL US. – 9034308910,9068478900 Timings – 8:00AM to 8:00PM