MORii – Terms & Conditions
- Terms of Services on the MORii Website and/or Mobile Apps:
The terms refer to the Company as a provider for home products
GENERAL
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www. MORii.in.
(a) The domain name www.MORii.in (hereinafter referred to as “the Website”) is owned by NaynJN Trading Private Limited(hereinafter referred to as the “Company”), having its registered office at CD -46, Malibu Towne – Gurgaon 122018, Haryana.
(b) For the purpose of these Terms of Use, wherever the context so requires “you” or “user” shall mean any natural or legal person who has agreed to become a buyer on the Website and ordering the goods and services available on the Website by providing registration data while registering on the Website. The site also providing its services without registration does not absolve you of this contractual relationship. The term “MORii” or “we” or “us” shall mean the Company. The headings of each Section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
(c) The use of this Website by you is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page or using any of the services shall be taken to mean that you have read and agreed to be bound by all of the policies. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use.
(d) We hold the sole right to modify the terms of service without prior permission from you or informing you. The relationship creates a duty on you to periodically check the terms and stay updated on its requirements. If you continue to use the website following such a change, it is deemed as consent by you to the amended policies. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by MORii’s Policies (including but not limited to Privacy Policy, Return and Shipping Policy; available at www.MORii.in) as amended from time to time.
ABOUT US
We take the orders online, collect payments and deliver the products at the doorstep of the user. Any order placed by you is subject to product availability, delivery capacity and acceptance by MORii.
- MEMBERSHIP
Use of this Website/Application is only available to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Website, you may do so through your legal guardian and the Website/Application reserves the right to cancel your order on knowledge of you being a minor and having registered on the Application or availing any of its services without a legal guardian.
- YOUR REGISTRATION OBLIGATIONS
If you use the Website/Application, you shall be responsible for maintaining the confidentiality of your display name and password and you shall be responsible for all activities that occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website/application and refuse to provide you with access to the Website.
- COMMUNICATIONS
You are required to provide MORii with your e-mail and/or mobile number, login/ password while placing your order through this Website/Application. By using this Website/Application, it is deemed that you have consented to receiving calls, auto dailed and/or pre-recorded message calls, from us at any time with the use of the number that has been provided by you for the use of this Website which are subject to the Privacy Policy. This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMS from us at any time we deem fit. This consent to be contacted is for purposes that include and is not limited to clarification calls and marketing and promotional calls. In case you wish to stop the same, you may send us an email to the effect at www.MORii.in. You may also be contacted by service providers or third party through SMS or calls; with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. The sharing of the information provided by you will be governed by the Privacy Policy and we will not give out such contact information of yours to third parties not connected with the Website.
- PLATFORM FOR TRANSACTION AND COMMUNICATION
The Website/Application is a platform that users utilize to meet and interact with one another for their transactions. MORii is not and cannot be a party to or control in any manner any transaction between the Website’s users.to browse through the variety of products available for sale/export. The transactions between MORii and the users shall be kept confidential.
- DISPUTE RESOLUTION
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the Courts located at Gurgaon, and you hereby submit to the jurisdiction of such Courts.
- COVENANTS
- All commercial/contractual terms are offered by and agreed to between you and MORii. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
- The Website/Application is only a platform that cannot be utilized by Users to reach a larger base to buy and sell products or services.
- MORii is only providing a platform for selling the products traded by NaynJN Trading Private Limited.
- MORii is not responsible for delays as a result of products which are out of stock, unavailable or back ordered.
- You shall agree upon the manner and terms and conditions of delivery, payment, insurance etc.
Disclaimer: Pricing on any product(s) as is reflected on the Website/Application may due to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event MORii may cancel such order(s).
- You release and indemnify MORii and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.
- Refund shall be made through the original payment mode. Once, we receive the refund request, we shall process the refund within 7 business days. We have all the right to block the user, if the user makes false order/s.
- CHARGES
Membership on the Website is free for buyers. MORii does not charge any fee for browsing on the Website. MORii reserves the right to change its fee policy from time to time. In particular, MORii may at its sole discretion introduce new products/services and modify some or all of the existing products/services offered on the Website. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
- USER OBLIGATIONS
You are a restricted user of this website. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website/Application. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Application is not permitted.
8.1 You agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface that is provided by the Website. The use of 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/Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/Application is specifically banned. You acknowledge and agree that by accessing or using the Website/Application or services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/Application. Further, you may report such allegedly offensive content.
8.2 In places where this website/Application allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
- a) Abuse, harass, threaten, defame, delude, erode, abrogate, demean or otherwise violate the legal rights of others;
- b) 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);
- c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- e) Post any file that infringes the copyright, patent or trademark of other legal entities.
- f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application or another’s computer;
- g) Probe, scan or test the vulnerability of the Website or any network connected to the Website, or 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/Application, or any other customer of the website/Application, including any website/Application account not owned by you, to its source; or exploit the Website/Application or service or information made available or offered by or through the Website, in any manner, 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;
- h) Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- i) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- j) Use the Website/Application or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
- k) Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
- l) Violate any applicable laws or regulations for the time being in force within or outside India;
- m) Violate the Terms of Use including but not limited to any applicable additional terms of the Website contained herein or elsewhere;
- n) Create liability for us or cause us to loose (in whole or in part) the services of our internet service provider (“ISP’s”) or other suppliers;
- o) Multiple accounts are not allowed on the application. Result of such activity is all irrevocable account suspension.
- p) Our payment methods can be changed anytime without any notification
You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without our prior explicit consent. We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those, that may involve personal injury. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall MORii assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in the Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Contents Posted on Site
MORii is liable only for the contents posted by it on the Website and holds no responsibility for any other content posted by any user or third party. Content(s) if posted by anyone other than MORii, that party shall solely be liable for such content(s).
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without MORii’s express prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide. You agree that any Content you post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.
Privacy
We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. We store and process your information, including sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available at Privacy . If you object to your Information being transferred or used in this way please do not use this Website.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our services, to comply with our legal obligations, to enforce our user Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information, if required to do so by law or in the good faith believe that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; responding to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates will share some of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to your personal information.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, MORii does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
MORii will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. MORii does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the products sold on Website are governed by different state laws and if the seller is unable to deliver such products due to implications of different state laws, the seller will return or will give credit for the amount (if any) received in advance by the seller from the sale of such product that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.
Payment
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by you and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping/delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
further:
- Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between buyer and seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render MORii liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.
- You have specifically authorized MORii or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other users in respect of transactions through Payment Facility.
- You understand, accept and agree that the payment facility provided by MORii is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the MORii Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, MORii is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
- You, as a buyer, understand that upon initiating a Transaction you are entering into a legally binding and enforceable contract with the seller to purchase the products and /or services from the seller using the payment facility, and you shall pay the Transaction Price through your Issuing bank to the seller using payment facility.
- You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by payment facility on any extension / increase in the dispatch and/or delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of dispatch/delivery time or subsequent novation/variation of the Transaction should be in compliance with the Rules and Policies.
- You, as a Buyer, shall electronically notify payment facility using the appropriate MORii’s Website features immediately upon Delivery or non-delivery within the time period as provided in Policies. In case of Cash On Delivery transactions, buyer is not required to confirm the receipt of products or services.
- Except for Cash On Delivery transaction, refund, if any, shall be made at the same issuing bank from where Transaction Price was received.
- For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favor of the buyer (ss per registration details provided by the Buyer)
- Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
- For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- MORii reserves the right to impose limits on the number of Transactions or Transaction Price which it may receive from on an individual valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
- MORii reserves the right to refuse to process Transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements with MORii or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
- MORii may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the buyer for security or other reasons at the discretion of MORii. As a result of such check if MORii is not satisfied with the credibility of the buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / buyers commitment to pay Transaction Price.
- MORii may delay notifying the payment confirmation i.e. informing seller to dispatch, if MORii deems suspicious or for buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, MORii may hold Transaction Price and may not inform seller to dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
- The buyer and seller acknowledge that MORii will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of MORii.
Compliance with Laws:
- Buyer and seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India).
- DATA PROVIDED BY US
9.1 From time to time, our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, re producing, publishing, changing, editing such articles. In case that you have a problem with any article so posted, you may report the same via mail and we will look into it. We are under no obligation to remove such articles and the final decision lies with us.
9.2 We take utmost care to ensure that data provided at our Website is true and accurate. Sometimes, system errors creep in and data generated by other users may be false. We are not responsible for any such data.
9.3 We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property and Trademark infringement, breach of laws, etc.
9.4 From time to time, our Website will have external links connected to other websites. We in no way endorse these websites. We are in no way liable for the information found on those websites. External websites may have their own policies and we in no way are responsible for any loss or damage cause by the same to you. You are advised to use your own risk.
- TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by MORii . All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- INDEMNITY
You agree to defend, indemnify, and hold harmless MORII, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses arising from:
(i) Your use of and access to the website and/or the service;
(ii) Your violation of any term of these Terms; or
(iii) Your violation of any third party right, including without limitation any copyright, trademark, trade secret, or other property, or privacy right; or
(iv) Any claim that your content caused damage to a third party;
This defense and indemnification obligation shall survive termination, modification or expiration of these Terms and your use of the service and the website.
- TERMINATION AND LIMITATION OF SERVICE
You acknowledge and agree that MORII may establish limits from time to time concerning use of the service, including among others, the maximum number of days that content will be maintained or retained by the service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the service, and the frequency with which you may access the service or the website. You acknowledge and agree that MORII has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the website or the service. You acknowledge and agree that MORII in its sole and absolute discretion, has the right (but not an obligation) to delete, or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the services Immediately and without notice and remove and discard any content within the service, for any reason or no reason at all, including without limitation, if MORII believes that you have violated these Terms.
- FORCE MAJEURE
In the event of a force majeure act or upon the outbreak of certain natural and/or man-made calamity such as earthquake, war, riots, epidemics etc. the parties may be absolved of their responsibilities as warranted under these terms at the instance of MORii. Should the force majeure event permanently absolve a party of any of its responsibilities under these terms, the accounts and dues shall be settled.and REfunds
