Shoping Trunk
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The website www.momporium.in, inclusive of related software, alongwith mobile and other applications, if any, and functions and features (“Portal”) is owned and operated by momporium Private Limited _______________, having its registered office at E-15, Jangpura Extention New Delhi- 110014.
These foregoing Terms of Use along with the Privacy Policy mentioned in the respective document on the portal will constitute the whole legal agreement (“ hereinafter referred to as Agreement”). This agreement shall provide the legally binding terms and conditions for users, in any manner, of the Portal who intend to be consumers (Buyers and/ or Sellers (defined later)) (collectively called “you” or “user”) on the Portal. The Agreement describes, in detail, terms and conditions for access and use of the Portal and the activities, services, features, functionalities and/ or resources available on the Portal offered by the Company.
Any reference to- “we”, “our” and “us” shall refer to the Company; and you and we are collectively referred to as “Parties”.
Please read the Agreement and all the necessary documents and terms and conditions carefully before you start to use the Portal.
By using the Services of this portal in any manner, including, but not limited to, buying, selling, visiting or browsing the Portal or contributing content (text, video, images), information, or other materials or services to the Portal or making product listings on the Portal, you agree to be bound by this Agreement. The Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Portal, you consent to such processing and you warrant that all data provided by you is accurate. We do not take the responsibility in terms of plagiarism and/or infringement of copyright with respect to the data (text, images or videos) provided by you to us. That shall be wholly your responsibility and you shall indemnify us for the same.
In consideration of your use of the Portal and the Services, you are deemed to have agreed to comply with all the provisions of the present Agreement.
By visiting the Portal, you are deemed to have unconditionally agreed to be fully bound by the Agreement. The information, content and Services contained in the Portal and the Agreement are subject to change and can be revised at any time at the sole discretion of the Company without any prior notice. You are bound by any such revisions and therefore you are advised to review the Agreement every time you use the Portal and periodically to stay apprised of any and all changes. If you do not agree to the provisions of the Agreement, you must not use the Portal. If you do not agree with any amendments made by us to the Agreement at any time in future, you must stop using the Portal with immediate effect.
By using the Portal and accessing its content, it is deemed that you have acknowledged and agreed that you have read and understood the terms of the Agreement and shall not claim invalidity of the same on any ground. For the aforesaid purposes, ‘Acceptance’ shall mean your affirmative action in clicking on ‘check-box’ or on the ‘continue’ buttons provided on the sign-up / registration page or any such other similar actions that implies your acceptance.
The use of the Portal by you is subject to this Agreement, any and all applicable laws and government notifications, rules, regulations and guidelines issued by regulatory and/or governmental and/or statutory bodies. By visiting the Portal, you agree to permit the Company to contact you, from time to time, about its Services and offering, unless you decide to unsubscribe from receipt of such communications by following the instructions stated in said methods of contact.
This Agreement is and shall be deemed to be concluded and executed between you and the Company at [Delhi], India.
The Company has developed and operates an online marketplace where a consumer (“Buyer”) can purchase pre-owned and used kids products and merchandise, such as clothing, footwear, toys, games and other related products (“Products”)from another consumer (“Seller”) who has listed its’ Products on the marketplace (hereinafter referred to as “Services”). In similar fashion new parents and would – be parents are also facilitated, by way of this market place, to sell and purchase related products. It is hereby clarified that, apart from the photographs or videos which the Seller may upload while listing its’ Products, the Company will generally keep the identity and any other information of the Seller confidential while providing the Services on the Portal. The term “Services” refers to any services provided by us on the Portal for your use. The Company reserves the right to charge for any or all Services offered by it and to modify the pricing of, add to, or discontinue the Services or any portion thereof with or without prior notice.
The Services provided by the Company to you under the Agreement shall be- (i) Provided on a non-exclusive basis; (ii) used by the user only for lawful activities; and (iii) non-transferable and non-assignable by the user whether directly or indirectly.
It is deemed that you have agreed, understood and acknowledged that the Portal enables you to purchase Products listed on the Portal at the price indicated therein at any time from any location or bid for the same and arrive at a consensus between yourself and the seller. You are further deemed to have agreed and acknowledged that the Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Portal.
The Services available through the Portal is available only for persons of 18 years of age or more and who are competent to enter into a legally binding contract under the Indian Contract Act, 1872, or under any other act or enactment, which the person is subject to. You hereby are deemed to represent and warrant to the Company that all information provided by you during the registration process, as applicable, is true and accurate.
We reserve the right to disable your use of the Portal or Account if in our opinion you have failed to comply with any of the provisions of the Agreement, including compliance with any eligibility criteria. You are solely responsible for ensuring that the Agreement is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where the Agreement or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Portal or Services in any way.
The Services provided herein are limited to the scope defined under the Agreement and the user shall not:
The user agrees and undertakes that it shall not use the Services to:
The user agrees and undertakes that it shall not :
A user shall use best efforts to hinder and prevent piracy and hacking with respect to the Services and the Portal at its end.
In order to use the Services, users must create an account (“Account”) and provide to the Company necessary information, data, login id, passwords, usernames, PINs, email address, mobile number, postal address, other log-in information, materials or other contact information and content (collectively “Account Information”) and / or authenticate itself through APIs provided by third parties such as Google, Facebook, instagram or other service providers which the Company integrates with the Portal from time to time. You are permitted to use the Services only after proper and valid authentication. When creating an Account, user must provide accurate and complete information. In order for the Portal and Services available therein to function effectively, user must keep its Account Information up to date and accurate. User is solely responsible for safeguarding its authentication credentials and it agrees not to disclose these credentials to any third party. You agree to take sole responsibility for any actions made using your Account, whether or not you have authorized such actions. You agree and understand that you are responsible for maintaining the confidentiality of your Account Information. You shall immediately notify Company of any unauthorized use of your Account. By providing the Company with your email address, you agree to receive all required notices electronically, to the e-mail address provided.
As a Seller your listing of the Products on the Portal shall be governed by the Company’s listing guidelines and policy as prescribed by the Company. The Seller shall ensure that any listing of Products on the Portal scomplies with the following, atleast:
The Seller shall, while listing its Products on the Portal, only upload real and original pictures of the actual Product which he/she intends to sell on the Portal. The Seller agrees that the first picture of the Product to be listed on the Portal may be stock image of the Product taken from the internet or any other source in order to provide the Buyer an idea about the originality of the Product. The Seller agrees that the Products listed by him/heron the Portal should be listed exclusively on the Portal and should not be listed on any other online portal or be sold by him by any offline means
The Seller shall immediately inform the Company in case the Products listed on the Portal are unavailable for sale. If the same is not communicated and the Seller is unable to deliver the Product, for any reason whatsoever, a penalty at the rate of 10 (ten) percent of the value of such Product will be deducted by the Company from the next sale, if any, made by the Seller on the Portal. Continuance of such conduct or any other inappropriate conduct, may lead to the seller being put in red list category, where its account will be deleted by us and he would be able to enjoy the facilities of our portal.
The Company reserves the right to delist any Product listing in its sole and absolute discretion on any ground, including contravention of any provisions of this Agreement or listing of Product being inappropriate for sale on the Portal.
The Company reserves the right to block any User form using the Portal, if, in the reasonable opinion of the Company, such User has contravened any provision of this Agreement or if such User has conducted himself/ herself in an unfair, unprofessional or unlawful manner
The Buyers are expected and required to exercise such reasonable diligence as one would in traditional offline channels and practice judgment and common sense before committing to or complete intended sale, purchase of any Products from the Portal.
As a Buyer when you are purchasing a Product from the Portal, you agree to the following:
The Seller agrees that:
In addition, the Agreement may be further supplemented by Product specific conditions, which may be displayed with that Product. The Company does not warrant that Product description or other content on the Portal is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Please keep a track of cashback offers and other related offers in connection with the Products listed on the Portal from time to time portal.
The terms of pick-up/ delivery of the Products from the Seller to the Buyer shall be in accordance with such delivery terms as identified by our delivery partner which can be accessed at: ________________________-
The standard pick-up/ delivery terms applicable on all listings and purchases on the Portal are as follows, inter alia:
The content as has been made available and is made available from time to time on the Portal, excluding any information or content related to the Products (“Content”) is intended for informational purposes only. The term “Content” shall mean and include any content (text, images or video), advertisement or any other posts or content as posted by the Company on the Portal. The posting of the Content and access of the Portal by you does not constitute provision of Services by us, either explicitly or implicitly.
You authorize the Company to call, send SMS and email or to contact you by any other similar means on the contact information (made available by you on the Portal either at the time of subscription, making an inquiry, making an application for any of the Services offered or otherwise), to offer you information about the Services or the Products you may have purchased or that you may be interested in. You authorize us to call, SMS or email or contact you by way of any other similar means for the mentioned purpose irrespective of whether you are registered with the NDNC registry.
We will also use your contact details information to:
In the event you do not wish to receive such information, you may unsubscribe through the facility in the communications you receive.
We reserve the right to change, modify, add to, or remove, portions of the Agreement at any time at will and in the event that we are required to do so. It may happen because of any applicable regulations or as required by law for any other purpose and as amended or made applicable from time to time and as per Company policy. In the event that any material changes are made, the consumers shall be informed by us by way of a notice displayed on our home page.
You shall indemnify, defend and hold the Company harmless (including its officers, directors, employees, affiliates, group/promoter companies, agents/ intermediaries, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to:
The Company hereby disclaims any and all liability with regards to the accuracy, completeness and or suitability of the Content and information as is provided on the Portal and any information and/or Content that may be provided thereon from time to time. The Company expressly disclaims any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use or inability to access or use the Portal or reliance on its Content, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the Portal, regardless of our knowledge thereof. The Company shall not be liable for, any damages to, or viruses that may infect, your computer equipment, other electronics or any other property as a result of your access to, use of, or browsing on the Portal or downloading of any materials, data, text, images, video, or audio from the Portal.
The Company further disclaims any and all liability with regards to the accuracy, completeness of any of the Product listings, postings or other information posted by the user in regards to the Product and the Company shall not be liable for any misuse, illegal activity or third party content as postings, Product listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, Product listing or information, nor are we in a position to have editorial control over the substance or content contained in the Product listings, postings, or information, save and except to the extent provided in these terms. The Company also disclaims any and all liability with regards to any infringement of intellectual property rights arising out of Products posted on or transmitted through the Portal, or items advertised on the Portal, by the users or any other third parties.
The Company follows generally accepted industry standards to protect the personal information submitted to us. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use industry best practices to protect your personal information, we do not guarantee its absolute security and disclaim any liabilities to that effect.
In no event will the liability of the Company or any of its shareholders, directors, employees, agents total liability to the user for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Portal, Services or the Products, (iii) the user’s use or inability to use the Services, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount of service charges received by the Company from the user for accessing or using the Portal or Services.
The Company takes all reasonable precautions to preserve the confidentiality and prevent any corruption or loss, damage or destruction of the data and information provided by you, in keeping with industry standard practices. However, the Company reserves the right to collect statistical, anonymous and aggregate data based on your usage of the Portal, such information does not consist of any of your private and sensitive information (such as your name, address, phone number, etc.) or your financial information (such as payment details, bank account details, etc.), to understand user behaviour and characteristics and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on the advertising banners.
Internet per se is susceptible to a number of frauds, misuse, hacking and other actions that could affect payment instructions/ other instructions to the bank through the payment gateway. The Company aims to provide security to prevent the same, however, there cannot be any guarantee from such internet frauds, hacking and other actions that could affect payment instructions / other instructions including result in delay or failure in processing the instructions. Therefore we disclaim any liabilities to that effect.
Certain portions of the Portal may be configured to permit you to post messages, comments, or other content. Any such content shall only serve and be construed as the opinion of the user posting it, is no substitute for your own research, and should not be relied upon for any purpose.
You agree not to post any content:
You are solely responsible for the content of any postings you submit and the Company assumes no responsibility or liability for any content submitted by you or any other user of the Portal.
We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by applicable law or in a good faith belief that such access, preservation, or disclosure is required by applicable law or in the best interests of the Company.
Any content you submit is for non-commercial use only. Any content you submit will be routed through the internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.
The Company, currently, does not charge any subscription fees or any other charges from you except a transaction fees/ service fee, over and above the payment gateway charges, which is charged when you sell any Product from the Portal. However, if the same is changed by the company, consumers shall be informed about the same.
The Products can be purchased through the Portal through various methods of payments offered. The Seller authorises the Company to receive all such payments from the Buyers for the Products. The sale/purchase of Products shall be governed by the terms of this Agreement. The Company shall be entitled to charge from the Seller, as usage and service fee, such amount as communicated by the Company to the Seller at the time of listing of the Product. Such amount shall be inclusive of all taxes.
When the Company receives transaction instructions from you through the payment mode for the Services, the Company will be entitled to debit the sale amount plus any charges payable for the transaction from the account you have specified. The Company shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the bank or the credit card agency to perform any of its obligations.
The final settlement cycle and processing of all payments to the Seller shall be done in accordance with applicable law including directions issued by Reserve Bank of India. Notwithstanding anything contained here, the Company shall not be liable in any manner whatsoever for failure of the banks to transact such settlements as per applicable law. All payments to the Seller will be made with the seller's preferred mode of payment via Company’s payment partner and in accordance with the Company’s directions as issued from time to time.
The Company reserves the right to charge for any portion of the Services and to modify the pricing of, add to, or discontinue the Services or any portion thereof with or without prior notice.
The Company shall have 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 the cardholder having exceeded the limit mutually agreed to by the cardholder with the card issuing entity or any other reason whatsoever. In respect of any transactions which may be permitted by the Company via its Portal from time to time, the Company's own records of such transactions, maintained through computer systems or otherwise, shall be accepted as conclusive evidence and binding on you for all purposes. More particularly, the record of the Company generated by the transaction(s), including the recording of the time of the transaction(s), shall be conclusive proof of the genuineness and accuracy of such transactions.
We value building trust between the Buyers and the Sellers. Since we work with Sellers and delivery partners across the country, who go out of their way to get the Product to you in the best condition and in the quickest possible time, we do not provide an option to cancel an order on the Portal once it has been placed.
However, we do provide an option to return the Product and place a request for refund. However, that is permitted only in one case, i.e. in case the product received has defects which were not disclosed by the seller. In order to return the Product and make a claim for refund, please provide us with proof by taking images / videos of the undisclosed defects. All the requests with respect to refund and return of the Products should be made within 5 (five) days of receipt of the Product by the Buyer. Any request in connection with the refund and return of the Product made after 5 (five) days of receipt of the Product for any reason whatsoever, will not, under any circumstances, be entertained by us.
It is clarified that at the time of creating a return and refund request, users are required to confirm (via a check box click) that the Product being returned is in the same condition as received. If the Product returned by the user is used or damaged except from what’s mentioned in the Product details on the Portal or in other case supported by proof by taking images/ videos at the time of unpacking the Product, the user’s return and refund request shall be declined, and the said Product shall be re-shipped back to the Buyer. In the event that the return request is declined, the user shall not be eligible for a refund, and the Company assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped Product, the user shall continue to be not eligible for a refund, and the Company assumes no liability with respect to the return or refund for the said re-shipped Product.
Apart from the terms with respect to refund and cancellation as mentioned herein we advise you to kindly check Product specific return and refund terms, if any, that may be shown along with the details of such Product.
It may happen that when a buyer purchases a product, the product, as listed by the seller, is no longer in a condition of being sold or delivered to the buyer, and it may happen that because of this reason or for any other reason beyond our control, the sale transaction cannot be completed. In such case, none of the parties can hold us responsible for the failed sale. In such case, the full amount paid by the buyer shall be refunded back to the buyer in the same way, payment was made by it.
The Company may use third-party services provided by the third party vendors to assist in providing the Services (“Service Providers”). All or some of your information may be stored on servers provided by Service Providers. Certain features and functionality of the Services may be implemented through the third-party services or use of a third-party API and other licensed third party software or technology. The Company may use other Service Providers for the following types of services: networking, storage, financial transactions, customer relationship management, website maintenance, database management, web analytics, cloud computing infrastructure, transactional communications, marketing communications, customer services etc.
The Portal may contain links to third-party sites or software that are not owned or controlled by the Company. The Company cannot censor or edit or control the content of any third-party sites. The Company shall not be liable for any losses incurred by you on account of use of any third-party sites, software or technology.
The Company shall not be liable if any transaction does not materialize or may not be completed or for any failure on its part to perform any of its obligations under the Agreement or those applicable specifically to any Services, if the same is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues. "Force Majeure" means any event due to any cause beyond the reasonable control of the Company, including without limitations, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, pandemic, epidemic, acts of government, faults or failures in telecommunication, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, computer hacking, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious code, unauthorized access to computer data and storage devices, destructive or corrupting code or program, mechanical or technical errors/failures or power outage, etc.
To the fullest extent permissible and pursuant to the Applicable law, the information and images/videos about the products on the portal are provided “as is” and is without warranties of any kind either expressed or implied and the company and its affiliates, disclaim all warranties, expressed or implies, including but not limited to implies warranties or merchantability and fitness for any purpose. The Company does not warrant that your usage and the availability of the Portal and any of the Content and materials thereon will be uninterrupted or error-free, that defects will be corrected, or that the Portal or the server that makes it available is free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials on the Portal in terms of their correctness, accuracy, reliability, or otherwise. The information and descriptions contained herein are not intended to be a complete description of all terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes.
We do not personally endorse any Product listing and we make no guarantee, explicit or implied, that any information provided through the Services by a Seller is correct, complete and accurate. We cannot and do not verify any of the information that the Sellers or the Buyers provide on the Portal however, we try our best to do so. You, as a Buyer, must make the final determination as to the value and appropriateness of purchasing any Product. You can reach out to us on customer care for any clarification, and we shall make our best effort to share the information that we have
The Portal may be linked to other third-party websites which are not maintained by the Company. The Company is not responsible for the content of those websites. The inclusion of any link on our Portal does not imply approval of or endorsement by the Company of the website or the content thereof. The Company is not responsible for any communications that you may receive from such third-party websites. Your use of such third-party website shall be subject to the privacy policy, terms and conditions and any other restrictions as may be specified there in. The Company does not endorse these third-party websites and disclaims any and all liability resultant from your use thereof or related thereto.
By entering, storing, or sending your data through the Services, you grant the Company a nonexclusive, worldwide, transferable license, on a royalty-free basis, with a right to sublicense this right to third parties assisting the Company in providing the Services, to use, copy, distribute and process such data through the Portal on your behalf solely for the purpose of storing, transferring, processing and delivering such data. You acknowledge and agree that the Company will not be responsible for any failure of the Portal to store any information, for the deletion of files or information stored on the Portal, or for the corruption of or loss of any data, information or material saved or sent through the Portal.
The Company undertakes to implement commercially reasonable and appropriate physical, electronic and managerial data security measures and procedures for the protection of your data and information against loss, misuse and alteration. The Company shall not allow any access to its system or user data to a third party, except on a strictly need to know basis and in accordance with the Privacy Policy, and shall take all reasonable care to maintain the confidentiality of the information as provided under this Agreement.
You may cancel, disable or delete your Account at any time by going to the account settings or by contacting the Company at [email protected]. In the event that you delete or disable your Account, the Company shall not be liable to refund any advance payments made by you and all the payments due and payable by you in accordance with the Agreement shall become immediately payable to the Company. Once you delete your Account, the Company may delete all of the user data and remove all access to the cancelled account.
The company reserves the right to delete your account if you are found to violating the terms set out by the company and mark you as a red list consumer. In the event of such termination or deactivation, the Company will not be required to refund any payments made by you.
The Company reserves the right to discontinue the Portal or the Services or to change the Services at any time and will provide notice of such discontinuation or change to you through posting changes to this Agreement and/or by notifying you through email using the Account Information that the user has provided to the Company.
You acknowledge that, although the Company has no obligation to monitor your use of the Services, the Company has the right to do so for the purpose of operating the Services, to ensure your compliance with the Agreement, or to comply with applicable laws or the order or requirement of a court, administrative agency, or other governmental body. The Company reserves the right at all times to disclose, in its sole discretion, any user files when necessary (a) in accordance with applicable any law, regulation, or governmental request or (b) reduce or prevent what the Company considers to be, in the Company’s sole discretion, a serious or imminent threat to the user’s health or safety, or the health or safety of another person.
The formation, construction, performance and enforcement of the Agreement shall be in accordance with the laws of India without regard to conflict of law principles.
All disputes in relation to this Agreement will be resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended from time to time, in Delhi, India, by a sole arbitrator appointed by us. The arbitration award shall be final and binding on the Parties, and enforceable in accordance with its terms. The arbitrator shall state reasons for its findings in writing. The Parties agree to be bound thereby and to act accordingly.
Subject to the arbitration provision, the courts of competent jurisdiction at Delhi, India shall have exclusive jurisdiction over all matters arising pursuant to the Agreement.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, then such unenforceable provision shall be deemed to be replaced with a suitable legal alternative provision that achieves the purpose of the original provision as closely as possible.
You and the Company agree that that nothing in the Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties.
If you have any queries or complaints with respect to the Portal or Services, you may contact us at:
Phone Number: 011-43541617
Email Id: [email protected]
In case you have any questions or wish to opt-out of certain Services, you may contact us at 011-43541617 or [email protected] .
