TERMS & CONDITIONS OF USE
This document is an electronic-record of the Information Technology Act 2000 & rules thereunder. This record is generated by a computer and does not need a physical or digital signature.
The website and all other digital collateral is owned by Candid Marketing Pvt Ltd, a company incorporated under the Companies Act with its registered office at B-181 Greater Kailash Part 1, New Delhi – 110048, referred to hereon forward as “Mojo Box”.
Mojo Box does not make any representation or warranty as to specifications (such as quality, value, saleability, etc) of the Products proposed to be offered for sale and purchased or ordered as Samples, through the App. Mojo Box does not in any manner endorse the sale or purchase of any Products or Samples through the website or app. Mojo Box accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Mojo Box is not responsible for any non-performance or breach of any contract entered into between Buyers, users and Brands and/or Sellers. Mojo Box cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded through the website. Mojo Box shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Mojo Box does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users or Sellers/brands. You are advised to independently verify the bonafides of any user that You choose to deal with through the Website or App and use Your best judgment in that regard.
Mojo Box does not hold any right, title or interest over the Products or Samples nor shall Mojo Box have any obligations or liabilities in respect of any transaction or contract entered between Buyers and Sellers. Mojo Box shall provide logistics services wherein our delivery partners shall deliver to the Buyers, the Products and Samples ordered through the website by the Buyers. Mojo Box does not, at any point of time during any transaction between the Buyer and the Seller through the website or App, come into or take possession of any of the Products offered by the Seller nor does it, at any point, gain title to or have any right or claim over the Products offered by the Seller to the Buyer. It does, however, provide warehousing services for Samples as a part of its Services to the Sellers but does not, in any point in time, gain title to or have any right or claim over the Samples offered by the Sellers to the prospective Buyers.
You release and indemnify Mojo Box and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of all Users of the Website or App and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Mojo Box cannot take responsibility or control the information provided by the Users which is made available through the website or App. You may find any other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Services. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
A. MOJO BOX USER ACCOUNT
Upon completing the registration process by providing your Registration Data, your account will be created. You agree to maintain accurate, complete, and up-to-date information in your account. 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 Services and we shall have the right to indefinitely suspend or terminate or block your access on the website or App and refuse to provide You with access to the Services.
You are responsible for maintaining the confidentiality the account, and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the website. Reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.
Only the user registered will get the products when it matches the profile decided by Mojo Box. The same will be informed through an SMS also asking for the nominal charges as per conditions of the website and delivery. The products provided in the box are not for sale & anyone found violating the same will be removed as a registered user from Mojo Box and Mojo Box reserves the right to take appropriate legal action.
The final discretion to send to the Box and/or products will remain with Mojo Box and Candid Marketing Pvt Ltd. Any user or anybody else found to be abusive to the team of Mojo Box and Candid Marketing Pvt Ltd will be deleted removed as a registered user of Mojo Box.
B. PRIVACY NOTICE
Thank you for choosing to be part of our community - MOJO BOX (“MOJO BOX”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy.
If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at email@example.com.
When you visit our website http://www.mojobox.online (the "Website"), and more generally, use any of our services (the "Services", which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our services immediately.
This privacy notice applies to all information collected through our services (which, as described above, includes our website and/or our app), as well as any related services, sales, marketing or events.
WHAT INFORMATION DO WE COLLECT?
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website and/or our website or App or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the Website & the choices you make. The personal information we collect may include the following:
Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; job titles; contact preferences; billing addresses; and other similar information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.
Social Media Login Data. We may provide you with the option to register with us using your existing social media account details or link details of your social media account details, like your Facebook, Twitter or other social media account.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
HOW DO WE USE YOUR INFORMATION?
We use personal information collected via our Website or App for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
PRODUCT FEEDBACK INFORMATION
WILL YOUR INFORMATION BE SHARED WITH ANYONE?
We may process or share your data that we hold based on the following legal basis:
More specifically, we may need to process your data or share your personal information in the following situations:
HOW DO WE HANDLE YOUR SOCIAL LOGINS?
Our Website offers you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform.
We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Website. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.
HOW LONG DO WE KEEP YOUR INFORMATION?
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 2 years.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
HOW DO WE KEEP YOUR INFORMATION SAFE?
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please email us at firstname.lastname@example.org. We will respond to your request within 30 days.
C. CHANGES TO THIS AGREEMENT
We reserve the right to change, modify, add or remove portions of this agreement – at our sole discretion – without any prior written notice to you. IT is the user’s sole responsibility to review the agreement periodically for changes. As long as you continue to use the website or App means that you accept the revisions and changes to the agreement.
D. USER ELIGIBILITY
Use of the Services of Mojo Box is only for persons who can form legally binding contracts under Indian Contract Act, 1872. If you are a minor under the age of 18 years, or are otherwise ‘incompetent to contract’ under the Indian Contract Act, 1872, you are not eligible to use the Services and you must not register as a User of the website. If minors or other ineligible users wish to transact on the App, all transactions shall be required to be made by their legal guardians/parents who must be registered Users of the App. We reserve the right to terminate your membership and/or refuse to provide you with access to the Services if it comes to our knowledge or we discover that you are under the age of 18 years or are ‘incompetent to contract’.
E. REFUND POLICY
F. NO COMPENSATION
G. CONTENTS ON THE WEBSITE OR APP
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk as Mojo Box is merely an intermediary for the purposes of these Terms.
Except as expressly provided in these Terms, no part of the Services and no part of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to the Website or App 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.
We do not warrant that any Product or Sample description or other Content made available through the website or App is accurate, complete, reliable, current, or error-free and assume no liability in this regard. Mojo Box hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product or Sample as ordered by the User through the App.
H. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Services contains content to which MOJO BOX owns all intellectual property rights, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, copy, imitate, reproduce or distribute any Mojo Box Content without obtaining authorisation.
I. DISCLAIMERS AND LIMITATIONS OF LIABILITY
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing.
Without prejudice to the foregoing, the MOJO BOX Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Mojo Box or through the Services, will create any warranty or representation not expressly made herein.
J. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Mojo Box shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorised access, use or alteration of your transmissions or content.
In no event shall the aggregate liability of Mojo Box exceed the amount you paid Mojo Box, if any, in the past six months for the services giving rise to the claim.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Mojo Box have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Nothing on the website constitutes, or is meant to constitute, advice of any kind. All the Products sold through the website are governed by different state laws and if the Seller or Mojo Box 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 Seller from the sale of such Product that could not be delivered to you. There shall be no compensation, whether by way of credit or refund, in respect of Samples as all Samples are delivered free of cost.
The Users of the website are expected to update his/her said website or App on regular basis, so that he/she can avail the latest services and is duly aware of any change(s) in this policy. By registering your phone number with us, You consent to be contacted by Us via phone calls and/or SMS and/or Pop-up notifications, in case of any order or shipment or delivery related updates. In the event of failure to update the website or the Website or App by the User, the Users understands and agrees that Mojo Box shall not be liable in any manner whatsoever.
You agree to indemnify, defend and hold harmless Mojo Box, its associates and partners from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Mojo Box that arise out of, result from, or may be payable by virtue of, any breach or a law or any right of any user including but not limited to intellectual property rights of a third party or a user or non-performance of any representation, warranty, covenant or obligation to be performed by you pursuant to these Terms.
While availing any of the payment method/s available through the website or App, 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:
All payments made against the purchases on the website / Website or App by You shall be compulsorily in Indian Rupees acceptable in India. We will not facilitate transaction with respect to any other form of currency with respect to the purchases made.
Before shipping/delivering your order to you, Seller 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.
Transactions, transaction price and all commercial terms such as delivery, dispatch of Products 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 Mojo Box, its associates or partners 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 listed on and purchased by Buyers through the website or App.
You have specifically authorised Mojo Box and 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 the relevant payment system. Your relationship with Mojo Box is on a principal to principal basis and by accepting these Terms you agree that Mojo Box is an independent contractor for all purposes, and does not have control of or liability for the Products that are listed on Website or App that are paid for by using the Payment Facility. Mojo Box does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
You understand, accept and agree that the Payment Facility provided by Mojo Box 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 through the Website or App using the existing authorised banking infrastructure payment gateway networks.
M. BUYER’S ARRANGEMENT WITH ISSUING BANK
All valid credit /debit/cash card and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective issuing bank and the payment instrument issuing company.
All online bank transfers from valid bank accounts are processed using the payment gateway provided by the respective issuing bank which supports the Payment Facility to provide these services to the Users. All such online bank transfers on the Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
N. JURISDITIONAL ISSUES/SALE IN INDIA ONLY
Unless otherwise specified, the material through the Services is presented solely for the purpose of sale/ ordering in India. MOJO BOX makes no representation that materials made available through the Services are appropriate or available for use in jurisdictions other than India. Those who choose to access this site from locations other than in India, do so on their own initiative and Mojo Box is not responsible for the supply of Products or Samples/refund for the Products/ replacement of the Samples ordered from other locations/countries other than India, or compliance with local laws, if and to the extent local laws are applicable.
O. TRADEMARK, COPYRIGHT AND RESTRICTION
The Services are controlled and operated by MOJO BOX, its partners and associates and Products and Samples are offered for sale or ordering by the respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.
All content included on the website or App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mojo Box or its Sellers, unless owned by any third party and protected by applicable copyright laws. All other such content not owned by Mojo Box that appears on the website or App is the property of the respective owners. All software used on this website or App is the property of Mojo Box and is protected by applicable copyright laws. Any unauthorised copying or reproduction of the above identified material is strictly prohibited by law.
Material on the website or App 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, is strictly prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
P. TRADEMARK COMPLAINT
Mojo Box and Candid Marketing Pvt Ltd respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to us at email@example.com
MOJO BOX will make a maximum of three attempts to deliver to you. In case the Buyer is not reachable or does not accept delivery of the Product or the Sample in these attempts, Mojo Box reserves the right to cancel the order(s) at its discretion. On placing your order, you may receive an email containing a summary of the order and also the estimated delivery time to your location.
Sometimes, delivery may take longer due to:
In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates. Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The Buyer can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Buyer will be refunded back the relevant transaction price in the account as soon as the order is successfully cancelled.
The Buyer agrees that the title to a Product or Sample is transferred to the Buyer at the time of placing the order and dispatch confirmation thereof irrespective of shipping of the Product or Sample and cash on delivery, which are to be done in due course being separate chargeable facilities”
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
S. REPORT ABUSE
As per these Terms, users are solely responsible for every material or content uploaded on to the website or App. Mojo Box does not review the contents in any way before they appear through the website or App. Mojo Box does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the website or App. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to Mojo Box.
T. PROHIBITED USES
You agree not to use the Website or App in any way that
U. GOVERNING LAW
These Terms shall be governed by and constructed in accordance with the laws of India. Any disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.