Please read the following terms and conditions very carefully as it contains rules and regulations, policies and agreement to any person who may access or use mithilashopping.com. This website is subject to your acceptance of and compliance with the following terms and conditions
www.mithilashopping.com is an Internet based portal ("Website") owned and operated by MITHILA INDIA INTERNET PRIVATE LIMITED, a company incorporated under the laws of India, with its registered office at Brahaman Tola,Subhash Chowk Jaynagar (Madhubani) Bihar-847226 India. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by mithilashopping at its sole discretion and posted on the Website.
mithilashopping.com agrees to deliver the products ordered by you only to such locations as per the Order Confirmation Form.
Use of the Website is available only to persons who can form legally binding contracts under Shop and Establishment Act, 1956. Persons who are "incompetent to contract" within the meaning of the Shop and Establishment Act, 1956. including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User on our website and shall not transact on or use the website mithilashopping.com reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
User Account, Password, and Security
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is strictly prohibited. If You provide any information that is untrue, inaccurate, or incomplete mithilashopping.com has the right to suspend or terminate Your Account and refuse all current or future use of the Website.
Prices for products are described on our Website. All prices are in Multicurrency. Prices, products and Services may change at our discretion.
mithilashopping strives to provide You with the best prices possible on products and services which You buy or avail from the Website at your own discretion. No legal suit can be filed by a user for any change ("increase" or "decrease") of price on the website.
User Conduct, Obligations & Rules
mithilashopping grants you a limited privilege to access and use this Website and the Services provided therein.
You need to agree to adhere all limitations use and reproduction of any materials (such as the product catalogues) that You access on the Website .
You have to agree not to access (or attempt to access) the Website and the materials by any other means than through the interface that is provided by mithilashopping .You shall not use any mechanism or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content.
You need to acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable mithilashopping disclaims all liabilities arising in relation to such offensive content on the Website.
User shall not post any material (posting as dictated by our website) on the website that is offensive and in accordance with applicable laws.
Further, You undertake not to:
Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
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);
Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any mithilashopping server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor 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, or a visitor to the Website.
Interfere with the security of, or cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
You agree that mithilashopping may, at any time, modify or discontinue all or part of the Website, charge, modify or impose fees required to use the Website, or offer opportunities to some or all Website Users.
Use of Products purchased
Any purchase of the products from the Website will be strictly for personal use of the User. The User hereby explicitly agrees that any product purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party.
User Representation and Limited Liability
You agree to indemnify, defend and hold harmless mithilashopping.com 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 mithilashopping that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
mithilashopping may terminate or suspend all or a portion of Your account or access to the Services with or without reason except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services. If you or mithilashopping terminates your use of the Website or any Service, mithilashopping may delete any content or other materials relating to your use of the Service and mithilashopping will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
Intellectual Property Rights
The trademarks, logos and service marks displayed on the Website are the property of mithilashopping You are not permitted to use the aforesaid without the prior consent of mithilashopping
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Website is owned and controlled by mithilashopping and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other 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, mithilashopping.com owns all intellectual property rights to and into the trademark "mithilashopping", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions,goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.(patent pending)
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary permission from mithilashopping.
Exactness Not Guaranteed
mithilashopping.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, or other material purchased or obtained by you through the Website may not meet your expectations.
Disclaimer Of Warranties & Liability
mithilashopping.com has endeavored to ensure that all the information on the Website is correct, but We neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall mithilashopping.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the user's inability to use the product; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall mithilashopping.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, mithilashopping.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
mithilashopping agrees to deliver the products ordered by you only at such locations as per the Order Confirmation Form.
You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. mithilashopping expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.mithilashopping shall be under 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 you/cardholder having exceeded the preset limit mutually agreed by mithilashopping with our acquiring bank from time to time.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
If, for any reason, a court of competent jurisdiction finds any provision of the Terms & Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms & Conditions shall continue in full force and effect.