TERMS AND CONDITIONS
Candid Marketing Pvt. Ltd., a company incorporated under the Companies Act 2013 with its registered office at B-181 Greater Kailash Part 1, New Delhi – 110048, (hereinafter referred to as “the Company”) on behalf of itself and its affiliates under the brand "referred to hereon forward as “Mojo Box", is the creator, owner and publisher of the Mojo Box digital platforms, including but not limited to the website titled www.mojobox.online and mobile-based application (hereinafter referred to as “Online Platform” or “Platform”). The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, updated (temporarily or permanently) from time to time at the discretion of the Company.
If you do not agree to be bound by all the Terms set forth herein, you are not sauthorised to use or access the services of the Online Platform. These Terms constitute an agreement between the Company and you in connection with your use of the Online Platform and/or use of the services provided via the Online Platform, as defined below.
1. NATURE OF TERMS
1.1. These Terms apply to the services (free or chargeable) made available to Users through access to and use of the Online Platform (hereinafter referred to “Services”).
1.2. These Terms are applicable to the following persons, to the extent of their engagement and interaction with the Company via the Online Platform:
1.3. Mojo Box Applicants, Mojo Box Recipient and Influencers may be collectively referred to as Registered Users.
1.4. Services may include the following:
a. For Casual Visitors: Facility to visit and browse through the Platform and to view and access Platform content, including but not limited to information, videos, blogs, advertisements and promotional content.
Additionally, for Brands and entities, desirous of seeking an engagement with Mojo Box: The facility to submit contact information to enable the Company to contact you.
b. For all Registered Users:
ii. Facility to participate in online events, games, surveys, giveaways, promotions, competitions, if any.
c. Additionally, for Mojo Box Recipients and Influencers:
Upon being chosen by the Company as Mojo Box Recipient after profiling of Your information:
d. Additional Facility only for Influencers:
2. APPLICABILITY OF TERMS
2.1. The Terms apply to the following Users to the extent of their engagement and interaction with and use of the Platform:
2.3. By accessing and/or using all or a portion of the Services, You acknowledge and agree that:
2.4. By registering on the Online Platform, you further represent and warrant to the Company that all registration information you submit is truthful, accurate, complete and current, and that you will update such information as and when necessary to keep it accurate and up to date. 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 spirit of these Terms, the same may result in your inability to access and use the Platform and/or Services and we shall have the right to indefinitely suspend or terminate or block your access to the Platform and refuse to provide You with access to the Services.
2.5. The definition of "Terms" shall include any terms describing additional obligations, instructions or restrictions governing your use and access to the Services. The Terms contain warranty disclaimers and other provisions that limit the Company's liability to you in accordance with the relevant terms of this Agreement.
2.6. The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:
3. MODIFICATION OF TERMS
3.2 If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.
3.3 These Terms allows the Company to access Registered Users’ contact information, including but not limited to email address, phone number, social media communication channels, for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the Platform, the Services and the Mojo Box and its contents.
4. CONDITIONS OF USE
4.1 You must be 18 years of age or older to access or avail the Services in any manner. By signing in to the Online Platform, accessing and/or using all or any part of the Services, you represent and warrant to the Company that you are 18 years of age or older, and that you have the legal right, authority and capacity to use all or part of the Services available through the Platform, and agree to and abide by the Terms.
4.2 You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf or for your own personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.
4.3 Whilst the Services are not intended to be used by minors, the Company respects and recognises the privacy of minors who may inadvertently use our Platform. It is strongly recommended that parents and guardians use parental control tools to help protect minors from any offences, harm or breach of privacy and supervise the use of the Platform by minors, including but not limited to such minors’ use and consumption of the contents of Mojo Box.
4.4 The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS notifications, OTPs, email address, QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense or damage incurred by you as a result of you accessing the platform and utilising its services via access links, SMS notifications, OTPs, email address, QR codes etc. which have not been delivered to you personally by the Company.
4.5 The Services are provided to you only for your personal, non-commercial use. You shall not resell the contents of the Mojo Box ordered from the Platform.
4.6 You acknowledge and agree that availability and delivery of Mojo Box is subject to serviceability or your geographical location. The Company reserves the right to vary the contents of Mojo Box for each Mojo Box Recipient or Influencer depending on your personal profile, availability of such contents or products and your delivery location, among other criteria.
4.7 You agree that the access you have been granted prohibits you from using the Services for any illegal or sunauthorised purpose. You will make every reasonable effort to prevent sunauthorised third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing etc. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain sunauthorised access to or interfere with any other person's use of the Services. For the purpose of the Terms, "Software" means (i) the server, platform and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, sorganisation and presentation of user-visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing.
5. MONITORING OF SERVICES
6. USER INFORMATION AND REGISTERED USER ACCOUNT
6.1 Persons including authorised representatives of Brands and entities, seeking an engagement with the Company may submit to the Company via the Platform, their Personal Information including name, email ID, contact number, name of the organisation etc.
6.2 Registered Users can register an account on the Platform to access the Services by providing certain information including:
6.4 You are responsible for maintaining the confidentiality of your account access credentials. You shall be responsible for all usage of your account and password, whether or not is authorised by You. You will immediately notify the Company of any actual or suspected sunauthorised use of your account or password. The Company will not be liable for any losses incurred by you caused by any accidental, sunauthorised (intentional or unintentional) use of your account; however, you may be liable to the Company for any losses incurred or to such other parties as the case may be, due to any sunauthorised use of your account.
6.5 You shall provide the Company with correct, current and authentic information, which may be required to be supplemented with evidence of the same. We reserve the right to confirm and validate the information provided by you at any point of time. You shall be solely responsible for any change, updation and modification of any information provided by you, particularly with respect to your address and geographical location. You understand that in order for the Mojo Box to be delivered to you, your information needs to be accurate and up-to-date at all times. We reserve the right to terminate or discontinue the provision of Services to You or discontinue your use of the Platform in the event such information is found to be untrue, inaccurate or not current or incomplete or the Company has reasonable grounds to believe it to be so.
6.6 The Company may use the information collected from You or contact you from time to time for the purposes of improving and building the Services and troubleshooting bugs in the Online Platform.
6.7 You acknowledge and agree that by signing up to use the Services provided on the Platform you automatically agree to receive all promotional and informational material and communication from the Company via the contact information provided by you, including via communication channels such as SMS, Whatsapp and E-mail.
6.8 A copy of the information collected from you by the Company is stored on a third party servers provided by Digital Ocean _____________. ___Digital Ocean______________ is bound by terms of strict privacy with respect to any data stored on its servers. The terms of privacy and use of servers of ______Digital Ocean_____ for storing the data can be found at www.digitalocean.com/legal/terms-of-service-agreement.
7. DISCONTINUATION OF SUBSCRIPTION
In the event you wish to disengage or discontinue your registration on the Platform you may either choose the option to unsubscribe or contact the Company or its customer service desk with your request to unsubscribe. Upon acceptance of your request to unsubscribe, you will stop receiving all communication from Mojo Box, and you will not be eligible to receive or avail any Services of the Platform from the date of acceptance of such request to unsubscribe.
8.1 The Company, shall, at its own discretion, choose select Registered Users to become Mojo Box Recipients and Influencers. Once such Mojo Box Recipients and Influencers have been selected, they will be invited to visit the Platform to complete the necessary procedure to receive a Mojo Box. Such procedure may include but not be limited to payment of processing fee, updation of delivery address and other procedural matters.
8.2 Upon completion of such procedure, you will receive a confirmation of your selection to receive a Mojo Box.
8.3 The contents of the Mojo Box are not for resale and Mojo Box Recipients and Influencers violating the same will be liable to any action by the Company, including but not limited to blacklisting or legal action.
9. MOJO BOX PRICES AND OFFERS
9.1 The Mojo Box prices listed on the Platform are correct at the time of publication and shall be displayed in Indian Rupees. The total price of a Mojo Box, including applicable taxes, will be displayed at the time of payment. An additional convenience fee or charge may be charged by the third party payment gateway and the same will be informed to you prior to your making the payment. We, solely reserve the right to alter the price of each Mojo Box (including but not limited to increase in the prices, offering discounts on the product prices etc.) displayed on the Platform.
9.2 You acknowledge and agree that payment for purchase of any Mojo Box shall be in full, subject to Clause 9.5 (applicable to Influencers only), and shall become payable at the time of order confirmation. All Mojo Boxes shall be pre-paid, and payment shall be made at the time of order confirmation, prior to dispatch.
9.3 a. All Payments shall be made via online payment options only. Online Payment Options via a third-party payment gateway may include credit card, debit card, net banking, e-wallets and UPI ID.
b. In the event that the payment is made via any of the Online Payment options, you warrant that the payment details, for example; credit or debit card details that you provide are of your own credit or debit card or of the credit or debit card that you have been legally authorised to use are authentic and sufficient funds to make the payment.
9.4 The Company may, from time to time, make available to you, various offers, coupons, discounts. Such offers, coupons and discounts shall remain valid for use only during the period of validity mentioned therein. In case of the Mojo Box Recipient and Influencer not availing such discounts offers or coupons during the specified period, such discounts offers or coupons will lapse. Refund or extension of lapsed offers will not be possible.
9.5 Additionally, for Influencers: The Company may, in its sole discretion, offer Mojo Box(es) at no cost to select Influencers from time-to-time, as good and valid consideration for such Influencer/s marketing and social media engagement with the Company for promotion of the brand “Mojo Box” or for promotion of such other brands that the Company may designate.
9.6 You understand, accept and agree that the online payment facility provided via a third-party payment gateway embedded in the Platform does not render the Company or its services as banking nor financial service or service provider.
10. THIRD PARTY PAYMENT LINKS
11. MOJO BOX DELIVERY
11.1 The Mojo Box will be delivered to the address provided by you at the time of registration. The approximate delivery date and time for delivery of a particular Mojo Box shall be displayed on the Platform at the time of checkout or notified via SMS completion of payment. Delivery dates and timings are subject to factors such as location serviceability, availability of Mojo Box contents, logistical factors such as traffic, shipment and weather conditions, political disruptions, etc. and other unforeseen circumstances.
11.2 All Mojo Boxes are delivered by the Company via one or more third-party delivery services. If the Mojo Box is not delivered within the estimated delivery time frame quoted at the time of checkout, please contact us by email at email@example.com. The Company will, on a best effort basis, attempt timely delivery of your Mojo Box. In case of delay in delivery of Mojo Box, you shall be notified about the same via phone call, SMS, email or other electronic communication channels such as Whatsapp.
11.3 The Company via its third-party delivery agent, shall attempt delivery of the ordered Mojo Box on a maximum of three (3) occasions only. Any delay in delivery not attributable to you shall entitle you to cancel the Mojo Box order and receive a full refund if applicable to your original source of payment.
12. REFUNDS AND RETURNS
12.1 Any applicable refunds shall be permissible in the following circumstances only:
12.2 A refund or return request shall have to be submitted by you in order to initiate such process. Such request shall be made by you within a period of 3 (three) days from the date of delivery of your Mojo Box, except in cases of non-delivery or delay in delivery. In cases of non-delivery or delay in delivery, the maximum time period permitted for submitting a refund/return request, shall be 30 _______ days from the date of payment.
12.3 No refunds or returns shall be processed in the following circumstances:
13.1 Your use of Mojo Box contents:
13.2 Use of the Platform and Services:
13.3 Mojo Box disclaims all representations and warranties including but not limited with respect to accuracy, completeness, correctness, reliability, truthfulness, relevance of description of the products, other content or information, feedback, opinions, reviews, suggestions, recommendations that may be displayed on the Platform,
14. REVIEWS, FEEDBACK AND DATA RETENTION
14.1 A Mojo Box Recipient or Influencer may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform relating to the contents of the Mojo Box received by you. Whilst it is discretionary for you to submit the same, you acknowledge that your eligibility to continue receiving Mojo Box(es) in the future is subject to your submission of such feedback, ratings, suggestions, comments or reviews.
14.2 You are solely responsible for the information and content that you choose to submit to the Company on the Online Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions or reviews relating to contents of the Mojo Box or use of Services provided by the Company. You agree not to post or publish any content on the Online Platform that amounts to:
14.3 The Company may choose, in its sole discretion, to use, analyse, and/or publish your reviews, ratings, opinion, comments and feedback in accordance with these Terms. You agree to be contacted by the Company via telephonic or electronic communication for the purposes of obtaining feedback in relation to the Online Platform, the Services, dispute resolution, complaint resolution, any further information. The information or content provided by you may be used by the Company for business purposes, including but not limited to market research, consumer behaviours and profiling, data analytics, tracking market trends on an anonymised basis.
14.4 The Company is deemed to be a mere “intermediary” as defined under the applicable laws with respect to publishing of any information and content on the Platform and disclaims all responsibility and liability with respect to publishing of your information and content. The Company is not liable to pay any consideration to you for republishing or repeatedly publishing any information or content provided by you on Platform.
14.5 The Company may retain such information and content provide by you on the Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 The Services and all processes, content including but not limited to any feedback, ratings, suggestions, comments or reviews relating to the products or use of Services provided by the Company, software, market data, research and analyses, consumer insights, and methodologies, anonymised consumer profiling data, know-how, Mojo Box packaging, appearance, style, designs, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company, or by or with the input of another party (the "Company Intellectual Property") are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company. The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble the products or services or hack the software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright or trademark notices or other notices included in the Company Intellectual Property;
15.2 Your use of the Platform and the Services does not include an authority to resell or commercially use the Platform, the Services and Mojo Box or its contents, product listings, description, packaging (including but not limited to size, design, colour, pattern), prices, images, texts, page layout, illustrations for the benefit of another merchant, including but not limited to by way of data mining, robot applications or data gathering and extraction tools. No part of the Services and no part of Platform and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any digital platform or any other computer, server, application, website or other medium for publication or distribution or for any commercial enterprise, without Mojo Box’s express prior written consent.
Kindly refer to Company’s www.mojobox.online/PrivacyPolicy14 forms a binding part of these Terms.
17. LIMITATION OF LIABILITY
17.1 To the maximum extent permissible by law, in no event, including but not limited to negligence, shall the Company , or any of its directors, officers, employees, affiliates, agents or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive cost, expenses, damages or loss, including loss to life or limb or any medical condition arising from, or directly or indirectly related to, the use of the contents of Mojo Box(es) received from the Company, use or the inability to use the Online Platform and/or its functions and/or the Services, provision of information via the Online Platform, even if the above mentioned entities have been advised of the possibility of such damages. In no event shall the Company or any of its directors, officers, employees, affiliates, agents or service providers be liable for:
You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms, including but not limited to obligations stated therein relating to representation, warranty, intellectual property, access by minors, any applicable rule, regulation or law, your access or use of the Services and the Platform.
19. FORCE MAJEURE
The Company will not be responsible for a breach of the Terms, damages, losses, costs or expenses, caused by any failure or delay of performance of Services and disruption to the Platform if such failure or delay is caused by an act of war, floods, fires, inclement weather conditions, hostility, or sabotage, an act of God, pandemics, lockdowns, labour stoppages, an electrical, internet, cellular network or telecommunication failure or power outage, government restrictions, political strikes or another event outside the reasonable control of the Company.
If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
In the event any provision of the Terms become void or unenforceable, it shall not affect the validity of these Terms as a whole, and the unenforceable provisions shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect.
22. GOVERNING LAW AND JURISDICTION
22.1 For the purposes of the Terms: (a) the term "Dispute" will mean any dispute, difference or claim arising out of or relating to: (i) the Terms, its interpretation, or the breach, termination, applicability or validity of the Terms; or (ii) any other dispute arising out of or relating to the relationship between the Company and you; (b) the term “the Company Group" will mean the Company , its parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, beneficiaries, assignees, successors in interest, and any third party which provides products or services purchased from or distributed by the Company ; and (c) the term "User Group" will mean you and those in privity with you, your representatives, affiliates and family members.
22.2 These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Delhi, India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.
22.3 Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavour to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Delhi, India, and the language of the proceedings shall be English.
22.4 The Award rendered in any arbitration commenced hereunder shall be final and conclusive, and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the Parties agree that no Party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under these Terms.
Any notice required or permitted to be given in accordance with the Terms shall be in writing. Notices to the Company shall be sent by personal delivery, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to: ¬ B-181 Greater Kailash Part 1, New Delhi – 110048.You consent to receive communications from the Company electronically. Notices sent to you shall be sent by personal delivery, electronic mail, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to the address listed on your account. All notices will be deemed given: (i) when delivered personally; (ii) 24 hours after electronic mail is sent, unless the Company is notified that the email address is invalid; (iii) five (5) days after having been sent by registered or certified mail; or (iv) one (1) day after deposit with a commercial express courier specifying next day delivery. Either Party may change its address for receipt of notice by notice to the other party in accordance with this Section.
24.1 The Company's failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
24.2 The Terms contain the entire agreement between the you and the Company and supersedes all prior agreements between the Parties regarding the subject matter contained herein, except as otherwise specifically noted herein.
24.3 In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform.
24.4 You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially, without notice to you.