Terms of Use
MySocially Terms of Use
This document is an electronic record in terms of Information Technology
Act, 2000 and rules there under as applicable and the amended provisions
pertaining to electronic records in various statutes as amended by the Information
Technology Act, 2000. This electronic record is generated by a computer system
and does not require any physical or digital signatures.
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.mysocially.com website.
The domain name
www.MySocially.com (hereinafter referred to as "Website") is owned by
MySocially Business Enterprises LLP a company incorporated under the Companies
Act, 1956 with its registered office at G-1104 Ramky One Kosmos, Nallagandla,
Hyderabad - 500019 (hereinafter referred to as "MySocially").
Your use of the Website and services and tools are governed by the
following terms and conditions ( "Terms of Use" ) as
applicable to the Website including the applicable policies which are
incorporated herein by way of reference. If You transact on the Website, You
shall be subject to the policies that are applicable to the Website for such
transaction. By mere use of the Website, You shall be contracting with
MySocially Business Enterprises LLP and these terms and conditions including
the policies constitute Your binding obligations, with MySocially.
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 by
providing Registration Data while registering on the Website as Registered User
using the computer systems. MySocially allows the User to surf the Website or
making purchases without registering on the Website. The
term "We" , "Us" , "Our" shall
mean MySocially Business Enterprises LLP.
When You use any of
the services provided by Us through the Website, including but not limited to,
(e.g. Product Reviews, Seller Reviews), You will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and
they shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use. We reserve the right, at
Our sole discretion, to change, modify, add or remove portions of these Terms
of Use, at any time without any prior written notice to You. It is Your
responsibility to review these Terms of Use periodically for updates / changes.
Your continued use of the Website following the posting of changes will mean
that You accept and agree to the revisions. 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
MySocially Policies ((including but not limited to Privacy Policy available at
Privacy) as amended from time to time.
Membership
Eligibility
Use of the Website
is available only to persons who can form legally binding contracts under
Indian Contract Act, 1872. Persons who are "incompetent to contract"
within the meaning of the Indian Contract Act, 1872 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 of the MySocially
website and shall not transact on or use the website. As a minor if you wish to
use or transact on website, such use or transaction may be made by your legal
guardian or parents on the Website. MySocially reserves the right to terminate
your membership and / or refuse to provide you with access to the Website if it
is brought to MySocially's notice or if it is discovered that you are under the
age of 18 years.
Your Account and
Registration Obligations
If You use the
Website, 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 and refuse to provide You with access to the
Website.
Your mobile phone
number and/or e-mail address is treated as Your primary identifier on the
Website. It is your responsibility to ensure that Your mobile phone number and
your email address is up to date on the Website at all times. You agree to
notify Us promptly if your mobile phone number or e-mail address changes by
updating the same on the Website through a onetime password verification.
You agree that
MySocially shall not be liable or responsible for the activities or
consequences of use or misuse of any information that occurs under your display
name in cases where You have failed to update Your revised mobile phone number
and/or e-mail address on the Website.
Communications
When You use the
Website or send emails or other data, information or communication to us, You
agree and understand that You are communicating with Us through electronic
records and You consent to receive communications via electronic records from
Us periodically and as and when required. We may communicate with you by email
or by such other mode of communication, electronic or otherwise.
Platform for
Transaction and Communication
The Website is a
platform that Users utilize to meet and interact with one another for their
transactions. MySocially is not and cannot be a party to or control in any manner
any transaction between the Website's Users.
Henceforward:
1. All
commercial/contractual terms are offered by and agreed to between Buyers and
Sellers alone. 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. MySocially does not have any control or does
not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Buyers and Sellers.
All discounts, offers (including exchange offers) are by the Seller/Brand and
not by MySocially.
2. Placement of order
by a Buyer with Seller on the Website is an offer to buy the product(s) in the
order by the Buyer to the Seller and it shall not be construed as Seller's
acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains
the right to cancel any such order placed by the Buyer, at its sole discretion
and the Buyer shall be intimated of the same by way of an email/SMS. Any
transaction price paid by Buyer in case of such cancellation by Seller, shall
be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities
exceed the typical individual consumption. This applies both to the number of
products ordered within a single order and the placing of several orders for
the same product where the individual orders comprise a quantity that exceeds
the typical individual consumption. What comprises a typical individual's
consumption quantity limit shall be based on various factors and at the sole
discretion of the Seller and may vary from individual to individual.
3. MySocially does not
make any representation or Warranty as to specifics (such as quality, value,
salability, etc) of the products or services proposed to be sold or offered to
be sold or purchased on the Website. MySocially does not implicitly or
explicitly support or endorse the sale or purchase of any products or services
on the Website. MySocially accepts no liability for any errors or omissions,
whether on behalf of itself or third parties.
4. MySocially is not
responsible for any non-performance or breach of any contract entered into
between Buyers and Sellers. MySocially cannot and does not guarantee that the
concerned Buyers and/or Sellers will perform any transaction concluded on the
Website. MySocially shall not and is not required to mediate or resolve any
dispute or disagreement between Buyers and Sellers.
5. MySocially does not
make any representation or warranty as to the item-specifics (such as legal
title, creditworthiness, identity, etc) of any of its Users. You are advised to
independently verify the bona fides of any particular User that You choose to
deal with on the Website and use Your best judgment in that behalf.
6. MySocially does not
at any point of time during any transaction between Buyer and Seller on the
Website come into or take possession of any of the products or services offered
by Seller nor does it at any point gain title to or have any rights or claims
over the products or services offered by Seller to Buyer.
7. At no time shall
MySocially hold any right, title or interest over the products nor shall
MySocially have any obligations or liabilities in respect of such contract
entered into between Buyers and Sellers. MySocially is not responsible for
unsatisfactory or delayed performance of services or damages or delays as a
result of products which are out of stock, unavailable or back ordered.
8. The Website is only
a platform that can be utilized by Users to reach a larger base to buy and sell
products or services. MySocially is only providing a platform for communication
and it is agreed that the contract for sale of any of the products or services
shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall
MySocially hold any right, title or interest over the products nor shall
MySocially have any obligations or liabilities in respect of such contract.
MySocially is not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
1.
You shall independently agree upon the manner and terms and conditions
of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the
Website may due to some technical issue, typographical error or product
information published by seller may be incorrectly reflected and in such an
event seller may cancel such your order(s).
1.
You release and indemnify MySocially 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. Notwithstanding its
reasonable efforts in that behalf, MySocially cannot take responsibility or
control the information provided by other Users which is made available on the
Website. You may find other User's information to be offensive, harmful,
inconsistent, inaccurate, or deceptive. Please use caution and practice safe
trading when using the Website.
Please note that
there could be risks in dealing with underage persons or people acting under
false pretence.
Charges
Membership on the
Website is free for buyers. MySocially does not charge any fee for browsing and
buying on the Website. MySocially reserves the right to change its Fee Policy
from time to time. In particular, MySocially may at its sole discretion
introduce new services and modify some or all of the existing services offered
on the Website. In such an event MySocially reserves the right to introduce
fees for the new services offered or amend/introduce fees for existing
services, as the case may be. 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. You shall be solely responsible for compliance of all
applicable laws including those in India for making payments to MySocially
Business Enterprises LLP.
Use of the Website
You agree,
undertake and confirm that Your use of Website shall be strictly governed by
the following binding principles:
1.
You shall not host, display, upload, modify, publish, transmit, update
or share any information which:
(a) belongs to
another person and to which You does not have any right to;
(b) 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;
(c) is misleading
in any way;
(d) is patently
offensive to the online community, such as sexually explicit content, or
content that promotes obscenity, paedophilia, racism, bigotry, hatred or
physical harm of any kind against any group or individual;
(e) harasses or
advocates harassment of another person;
(f) involves the
transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
(g) promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libellous;
(h) infringes upon
or violates any third party's rights [including, but not limited to,
intellectual property rights, rights of privacy (including without limitation
unauthorized disclosure of a person's name, email address, physical address or
phone number) or rights of publicity];
(i) promotes an
illegal or unauthorized copy of another person's copyrighted work (see
"Copyright complaint" below for instructions on how to lodge a
complaint about uploaded copyrighted material), such as providing pirated
computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
(j) contains
restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page);
(k) provides
material that exploits people in a sexual, violent or otherwise inappropriate
manner or solicits personal information from anyone;
(l) provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
(m) contains video,
photographs, or images of another person (with a minor or an adult).
(n) tries to gain
unauthorized access or exceeds the scope of authorized access to the Website or
to profiles, blogs, communities, account information, bulletins, friend
request, or other areas of the Website or solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
(o) engages in
commercial activities and/or sales without Our prior written consent such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the buying
or selling of "virtual" products related to the Website. Throughout
this Terms of Use, MySocially's prior written consent means a communication
coming from MySocially's Legal Department, specifically in response to Your
request, and specifically addressing the activity or conduct for which You seek
authorization;
(p) solicits
gambling or engages in any gambling activity which We, in Our sole discretion,
believes is or could be construed as being illegal;
(q) interferes with
another USER's use and enjoyment of the Website or any other individual's User
and enjoyment of similar services;
(r) refers to any
website or URL that, in Our sole discretion, contains material that is
inappropriate for the Website or any other website, contains content that would
be prohibited or violates the letter or spirit of these Terms of Use.
(s) harm minors in
any way;
(t) infringes any
patent, trademark, copyright or other proprietary rights or third party's trade
secrets or rights of publicity or privacy or shall not be fraudulent or involve
the sale of counterfeit or stolen products;
(u) violates any
law for the time being in force;
(v) deceives or
misleads the addressee/ users about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
(w) impersonate
another person;
(x) contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource; or
contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other
computer programming routines that may damage, detrimentally interfere with,
diminish value of, surreptitiously intercept or expropriate any system, data or
personal information;
(y) threatens the
unity, integrity, defence, security or sovereignty of India, friendly relations
with foreign states, or public order or causes incitement to the commission of
any cognizable offence or prevents investigation of any offence or is insulting
any other nation.
(z) shall not be
false, inaccurate or misleading;
(aa) shall not,
directly or indirectly, offer, attempt to offer, trade or attempt to trade in
any item, the dealing of which is prohibited or restricted in any manner under
the provisions of any applicable law, rule, regulation or guideline for the
time being in force.
(ab) shall not
create liability for Us or cause Us to lose (in whole or in part) the services
of Our internet service provider ("ISPs") or other suppliers;
1. You shall not use
any "deep-link", "page-scrape", "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 or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the
Website or any Content, to obtain or attempt to obtain any materials, documents
or information through any means not purposely made available through the
Website. We reserve Our right to bar any such activity.
2. You shall not
attempt to gain unauthorized access to any portion or feature of the Website, or
any other systems or networks connected to the Website or to any server,
computer, network, or to any of the services offered on or through the Website,
by hacking, password "mining" or any other illegitimate means.
3. You shall not
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 of or visitor to
Website, or any other customer, including any account on the Website not owned
by You, to its source, or exploit the Website or any service or information
made available or offered by or through the Website, in any way where the purpose
is to reveal any information, including but not limited to personal
identification or information, other than Your own information, as provided for
by the Website.
4. You shall not make
any negative, denigrating or defamatory statement(s) or comment(s) about Us or
the brand name or domain name used by Us including the terms MySocially,
mysocially.com, or otherwise engage in any conduct or action that might tarnish
the image or reputation, of MySocially or sellers on platform or otherwise
tarnish or dilute any MySocially's trade or service marks, trade name and/or
goodwill associated with such trade or service marks, trade name as may be
owned or used by us. You agree that You will not take any action that imposes
an unreasonable or disproportionately large load on the infrastructure of the
Website or MySocially's systems or networks, or any systems or networks
connected to MySocially.
5. You agree not to
use any device, software or routine 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.
6. You may not forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any message or transmittal You send to Us on or through the Website or any
service offered on or through the Website. You may not pretend that You are, or
that You represent, someone else, or impersonate any other individual or
entity.
7. You may not use the
Website or any 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 MySocially and / or others.
8. You shall at all
times ensure full compliance with the applicable provisions of the Information
Technology Act, 2000 and rules thereunder as applicable and as amended from
time to time and also all applicable Domestic laws, rules and regulations
(including the provisions of any applicable Exchange Control Laws or
Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes,
Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income
Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding
Your use of Our service and Your listing, purchase, solicitation of offers to
purchase, and sale of products or services. You shall not engage in any
transaction in an item or service, which is prohibited by the provisions of any
applicable law including exchange control laws or regulations for the time
being in force.
9. Solely to enable Us
to use the information You supply Us with, so that we are not violating any
rights You might have in Your Information, You agree to grant Us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright, publicity, database
rights or any other rights You have in Your Information, in any media now known
or not currently known, with respect to Your Information. We will only use Your
information in accordance with the Terms of Use and Privacy Policy applicable
to use of the Website.
10. From time to time,
You shall be responsible for providing information relating to the products or
services proposed to be sold by You. In this connection, You undertake that all
such information shall be accurate in all respects. You shall not exaggerate or
over emphasize the attributes of such products or services so as to mislead
other Users in any manner.
11. 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 other than Us without Our prior explicit consent. In order to
protect Our Users from such advertising or solicitation, We reserve the right
to restrict the number of messages or emails which a user may send to other
Users in any 24-hour period which We deems appropriate in its sole discretion.
You understand that We have the right at all times to disclose any information
(including the identity of the persons providing information or materials on
the Website) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of
illegal activity or in response to a lawful court order or subpoena. In
addition, 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.
MySocially reserves
the right, but has no obligation, to monitor the materials posted on the
Website. MySocially 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. Please be advised that such Content
posted does not necessarily reflect MySocially views. In no event shall
MySocially 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 and to all 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 libellous,
tortious, or otherwise unlawful information.
1. Your correspondence
or business dealings with, or participation in promotions of, advertisers found
on or through the Website, including payment and delivery of related products
or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such advertiser. We
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on the Website.
2. It is possible that
other users (including unauthorized users or "hackers") may post or
transmit offensive or obscene materials on the Website and that You may be
involuntarily exposed to such offensive and obscene materials. It also is
possible for others to obtain personal information about You due to your use of
the Website, and that the recipient may use such information to harass or
injure You. MySocially does not approve of such unauthorized uses, but by using
the Website You acknowledge and agree that We are not responsible for the use
of any personal information that You publicly disclose or share with others on
the Website. Please carefully select the type of information that You publicly
disclose or share with others on the Website.
3. MySocially shall
have all the rights to take necessary action and claim damages that may occur
due to your involvement/participation in any way on your own or through group/s
of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of
Services).
Contents Posted on
Site
All text, graphics,
user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music and artwork (collectively, "Content"), is a third party user
generated content and MySocially has no control over such third party user
generated content as MySocially is merely an intermediary for the purposes of
this Terms of Use.
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
MySocially'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 any 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 there under. 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 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 belief
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; respond 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 / sell some or all 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, MySocially 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.
MySocially 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. MySocially 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 Seller is unable to
deliver such Products due to implications of different state laws, 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.
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, SMS notifications, mobile applications and/or any other electronic
mode of communication in case of any order or shipment or delivery related
updates. We will not use your personal information to initiate any promotional
phone calls or SMS.
Selling
As a registered
seller, you are allowed to list item(s) for sale on the Website in accordance
with the Policies which are incorporated by way of reference in this Terms of
Use. You must be legally able to sell the item(s) you list for sale on our Website.
You must ensure that the listed items do not infringe upon the intellectual
property, trade secret or other proprietary rights or rights of publicity or
privacy rights of third parties. Listings may only include text descriptions,
graphics and pictures that describe your item for sale. All listed items must
be listed in an appropriate category on the Website. All listed items must be
kept in stock for successful fulfilment of sales.
The listing
description of the item must not be misleading and must describe actual
condition of the product. If the item description does not match the actual
condition of the item, you agree to refund any amounts that you may have
received from the Buyer. You agree not to list a single product in multiple
quantities across various categories on the Website. MySocially reserves the
right to delete such multiple listings of the same product listed by you in
various categories.
Services
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:
1.
Lack of authorization for any transaction/s, or
2.
Exceeding the preset limit mutually agreed by You and between
"Bank/s", or
3.
Any payment issues arising out of the transaction, or
4.
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, 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.
Further:
1. 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 MySocially 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
MySocially's Website.
2. You have
specifically authorized MySocially 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. Your relationship with MySocially is
on a principal to principal basis and by accepting these Terms of Use you agree
that MySocially is an independent contractor for all purposes, and does not
have control of or liability for the products or services that are listed on
MySocially's Website that are paid for by using the Payment Facility.
MySocially does not guarantee the identity of any User nor does it ensure that
a Buyer or a Seller will complete a transaction.
3. You understand,
accept and agree that the payment facility provided by MySocially 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
MySocially Website using the existing authorized banking infrastructure and
Credit Card payment gateway networks. Further, by providing Payment Facility,
MySocially 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 Payment Facility Rules and Policies.
You, as a Buyer,
shall electronically notify Payment Facility using the appropriate MySocially
Website features immediately upon Delivery or non Delivery within the time
period as provided in Policies. Non notification by You of Delivery or non
Delivery within the time period specified in the Policies shall be construed as
a deemed Delivery in respect of that Transaction. In case of Cash On Delivery
transactions, Buyer is not required to confirm the receipt of products or
services.
You, as a Buyer,
shall be entitled to claim a refund of the Transaction Price (as Your sole and
exclusive remedy) in case You do not receive the Delivery within the time
period agreed in the Transaction or within the time period as provided in the
Policies, whichever is earlier. In case you do not raise a refund claim using
Website features within the stipulated time than this would make You ineligible
for a refund.
You, as a Buyer,
understand that the Payment Facility may not be available in full or in part
for certain category of products and/or services and/or Transactions as mentioned
in the Policies and hence You may not be entitled to a refund in respect of the
Transactions for those products and /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, or through any other method
available on the Website, as chosen by You.
For Cash On
Delivery transactions, refunds, if any, will be made via electronic payment
transfers.
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).
Refunds may be
supported for select banks. Where a bank is not supported for processing
refunds, You will be required to share alternate bank account details with us
for processing the refund.
Refund shall be
conditional and shall be with recourse available to MySocially in case of any
misuse by Buyer.
We may also request
you for additional documents for verification.
Refund shall be
subject to Buyer complying with Policies.
1. MySocially reserves
the right to impose limits on the number of Transactions or Transaction Price
which MySocially 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.
2. MySocially reserves
the right to refuse to process Transactions by Buyers with a prior history of
questionable charges including without limitation breach of any agreements by
Buyer with MySocially or breach/violation of any law or any charges imposed by
Issuing Bank or breach of any policy.
3. MySocially 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 MySocially. As a result of such
check if MySocially is not satisfied with the creditability of the Buyer or
genuineness of the Transaction or other reasons at its sole discretion,
MySocially shall have the right to reject the receipt of / Buyers commitment to
pay Transaction Price. For avoidance of doubt, it is hereby clarified that the
‘Cash on Delivery’ feature for payment, may be disabled for certain account
users, at the sole discretion of MySocially.
4. MySocially may
delay notifying the payment confirmation i.e. informing Seller to Dispatch, if
MySocially deems suspicious or for Buyers conducting high transaction volumes
to ensure safety of the Transaction and Transaction Price. In addition,
MySocially may hold Transaction Price and MySocially 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.
5. The Buyer and
Seller acknowledge that MySocially 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 MySocially.
Compliance with Laws:
1. As required by
applicable law, if the Customer makes a purchase of an amount equal to or above
INR 2 00 000.00, the Customer will be required to upload a scanned copy of
his/her PAN card on the Platform, within 4 days of making the purchase, failing
which, the purchase made by the Customer will be cancelled. The requirement to
submit the PAN card arises only once and if it has been submitted once by the
Customer, it need not be submitted again. The order of the Customer shall stand
cancelled if there is a discrepancy between the name of the Customer and the
name on the PAN Card.
2. 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)
applicable to them respectively for using Payment Facility and MySocially
Website.
Buyer's arrangement with Issuing Bank:
1. 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 payment instrument issuing company.
2. All Online Bank
Transfers from Valid Bank Accounts are processed using the gateway provided by
the respective Issuing Bank which support Payment Facility to provide these
services to the Users. All such Online Bank Transfers on Payment Facility are
also governed by the terms and conditions agreed to between Buyer and the
respective Issuing Bank.
MySocially's
Replacement Policy*
MySocially's
Replacement Policy seeks to assist Buyers who have been defrauded by qualified
sellers on the Website. The return policy period depends on the product
category and the seller. Kindly click here to know the return policy period
applicable for different categories. If at the time of delivery and/or within
the applicable return policy period, if any defect is found, then the buyer of
the product/s can ask for replacement of the product/s from the seller subject
to the following terms and conditions
1. Notify seller of
any defects in the product/s at the time of delivery of the product/s and/or
within the applicable return policy period and the same product/s will be
replaced in return of the defective product/s.
2. Replacement can be
for the entire product/s or part/s of the product subject to availability of
the same with the seller.
Following products
shall not be eligible for return or replacement:
a. Damages due to
misuse of product;
b. Incidental
damage due to malfunctioning of product;
c. Any consumable
item which has been used/installed;
d. Products with
tampered or missing serial/UPC numbers;
e. Digital
products/services
f. Any
damage/defect which are not covered under the manufacturer's warranty
g. Any product that
is returned without all original packaging and accessories, including the box,
manufacturer's packaging if any, and all other items originally included with
the product/s delivered;
h. Jewellery which
is 'made to order' on customer's request
On Clothing and
Footwear, qualified sellers accept 30 day exchange subject to the following
conditions:
Clothes and
footwear are not used (other than for trial), altered, washed, soiled or
damaged in any way.
Original tags and
packaging should be intact. For items that come in branded packaging, the box
should be undamaged.
Returns are not
applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing
freebies, etc.
Kindly review the
Return policy to know the return policy period applicable for different
categories.
If MySocially has
any suspicion or knowledge that any of its buyers and sellers are involved in
any activity that is intended to provide claims or information that is false or
not genuine, MySocially may also, while reserving its rights to initiate civil
and/or criminal proceedings against such member buyers and sellers, at its sole
discretion, suspend, block, restrict, cancel the Display Name of such buyers
and sellers and/or disqualify that user and any related users from availing
protection through this program. Customers who have been blocked for any suspicious
or fraudulent activity on MySocially will not be allowed to return their
products.
MySocially reserves
its right to initiate civil and/or criminal proceedings against a user who,
files a invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid,
MySocially may at its sole discretion suspend, block, restrict, cancel the
Display Name [and its related Display Names] of such user and/or disqualify
that user and any related users from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files
a Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest
extent of the law.
Exchange Offers:
By participating in
the exchange I confirm that I am the sole and absolute owner and/or user of the
product mentioned above (device).
I confirm that
device which I am exchanging under the buyback program is genuine and is not
counterfeit, free from any and all encumbrances, liens, attachments, disputes,
legal flaws, exchange or any Agreement of Sale etc. and I have got the clear
ownership of the said device.
You agree to
indemnity and keep indemnifying MySocially.com and any future buyer of the
device against all or any third party claims, demand, cost, expenses including
attorney fees which may be suffered, incurred, undergone and / or sustained by
MySocially.com, its affiliates or any future buyer due to usage of the device
by you till date and you undertake to make good the same.
I confirm that all
the data in the said device will be erased before handing it over under buy
back program. I also confirm that in spite of erasing the data manually/electronically,
if any data still accessible due any technical reason, MySocially.com, Seller
or the Manufacturer shall not be responsible for the same and I will not
approach MySocially.com for any retrieval of the data.
I hereby give my
consent that my personal information that I have provided in connection with
this buyback program might be processed, transferred and retained by the
retailer and other entities involved in managing the program for the purposes
of validating the information that I provided herein and for the administration
of the program.
I agree to
indemnity and keep indemnifying MySocially.com and any future buyer of the old
device against all or any third party claims, demand, cost, expenses including
attorney fees which may be suffered, incurred, undergone and / or sustained by
MySocially.com, its affiliates or any future buyer due to usage of the device
by me till date and I undertake to make good the same.
I understand once a
device is sent by me to MySocially, in no scenario can this device be returned
back to me.
I understand that
the new device delivery and the old device pickup will happen simultaneously
(hand in hand) and I shall keep the old device ready to be given for exchange.
Products
distributed as gifts from state sponsored or NGO funded distribution programs
are not accepted for exchange under exchange offers.
Indemnity
You shall indemnify
and hold harmless MySocially, its owner, licensee, affiliates, subsidiaries,
group companies (as applicable) and their respective officers, directors,
agents, and employees, from any claim or demand, or actions including
reasonable attorneys' fees, made by any third party or penalty imposed due to
or arising out of Your breach of this Terms of Use, privacy Policy and other
Policies, or Your violation of any law, rules or regulations or the rights
(including infringement of intellectual property rights) of a third party.
Applicable Law
Terms of Use shall
be governed by and interpreted and construed in accordance with the laws of
India. The place of jurisdiction shall be exclusively in Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless otherwise
specified, the material on the Website is presented solely for the purpose of
sale in India. MySocially make no representation that materials in the Website
are appropriate or available for use in other locations/Countries other than
India. Those who choose to access this site from other locations/Countries
other than India do so on their own initiative and MySocially is not responsible
for supply of products/refund for the products ordered from other
locations/Countries other than India, compliance with local laws, if and to the
extent local laws are applicable.
Trademark,
Copyright and Restriction
This site is
controlled and operated by MySocially and products are sold by 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. 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.
Trademark complaint
MySocially respects
the intellectual property of others. In case You feel that Your Trademark has
been infringed, You can write to MySocially at [email protected]
Product Description
MySocially does not
warrant that Product description or other content of this Website is accurate,
complete, reliable, current, or error-free and assumes no liability in this
regard.
Limitation of
Liability
IN NO EVENT SHALL
MYSOCIALLY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS
BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please contact us for any questions or comments
(including all inquiries unrelated to copyright infringement) regarding this
Website.
Grievance officer
In accordance with
Information Technology Act 2000 and rules made there under, the name and
contact details of the Grievance Officer are provided below:
Ankur Srivastava
MySocially Business
Enterprises LLP,
G-1104 Ramky One
Kosmos,
Nallgandla,
Hyderabad,
Telangana: 500019, India
contact us
Email: [email protected]
Phone: 8142082000
Time: Mon - Fri
(9:00 - 18:00)
POLICIES
Profanity Policy
MySocially
prohibits the use of language that is racist, hateful, sexual or obscene in
nature in a public area.
This policy extends
to text within listings, on Seller pages and all other areas of the site that
another User may view. If the profane words are part of a title for the item being
sold, we allow Sellers to 'blur' out the bulk of the offending word with
asterisks (i.e., s*** or f***).
Please report any
violations of this policy to the correct area for review:
·
Report offensive Display Names
·
Report offensive language in a listing or otherwise
If a feedback
comment; or any communication made between Users on the Website; or email
communication between Users in relation to transactions conducted on Website
contain profanity, please review Our feedback removal policy and submit a request
for action/removal.
Disciplinary action
may result in the indefinite suspension of a User's account, temporary
suspension, or a formal warning.
MySocially will
consider the circumstances of an alleged policy violation and the user's
trading records before taking action.
Violations of this
policy may result in a range of actions, including:
1.
Limits placed on account privileges;
2.
Loss of special status;
3.
Account suspension.
MySocially shall
have the right to delete a product review posted by the customer at its sole
discretion, if it is of the opinion that the review contains offensive language
as stated above. Further, if MySocially is of the opinion that the review
unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity
of the product, MySocially shall have the right to delete the customer review.
MySocially shall also, at its sole discretion have the right to blacklist the
customer from posting any further customer reviews.
Replacement Policy*
The Replacement Policy
seeks to assist Buyers who have been defrauded by qualified sellers on the
Website. If at the time of delivery and/or within specified days from the date
of delivery of the product/s, if any defect is found, then the buyer of the
product/s can ask for replacement of the product/s from the seller.
If MySocially has
suspicion or knowledge, that any of its buyers and sellers are involved in any
activity that is intended to provide claims or information that is false,
misleading or not genuine, then MySocially may while reserving its rights to
initiate civil and/or criminal proceedings against User may also at its sole
discretion suspend, block, restrict, cancel the Display Name of such buyer and
seller and /or disqualify that User and any related Users from availing
protection through this program.
MySocially reserves
its right to initiate civil and/or criminal proceedings against a User who,
files a invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid,
MySocially may at its sole discretion suspend, block, restrict, cancel the
Display Name [and its related Display Names] of such User and/or disqualify
that User and any related Users from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files
a Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest extent
of the law.
For more details
related to Replacement Policy, refer to s/help/cancellation-returns
Returns Policy
Definition:
'Return' is defined as the action of giving back the item purchased by the
Buyer to the Seller on the MySocially website. Following situations may arise:
1.
Item was defective
2.
Item was damaged during the Shipping
3.
Products was / were missing
4.
Wrong item was sent by the Seller.
Return could also
result in refund of money on case to case basis.
Points to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees a return request, Buyer can reach out to MySocially.
We encourage the
Buyer to review the listing before making the purchase decision. In case Buyer
orders a wrong item, Buyer shall not be entitled to any return/refund.
In the event the
Seller accepts the return request raised by the Buyer, Buyer will have to
return the product and then the refund shall be credited to the Buyers account.
In case the Seller
doesn't close the ticket in 3 days from the date of intimation to the Seller
about the refund request, the refund request shall be settled in favor of the
Buyer.
Further for returns
being made by Buyer to the Seller of the product, the following parameters
needs to be ensured by the Buyer:
Category |
Condition |
Electronics |
Should be included |
Clothing and Footwear |
Should be "New & Unworn" (other than for trial) |
Beauty, Health & Personal Care |
Should be "New & Unopened" |
Sports & Equipment |
Should be "New" and returned with original packaging |
Office Products |
Should be "New" and returned with original packaging |
Jewellery |
Should be "New" and returned with original packaging |
If the product
being returned is not in accordance with the above parameters, then Buyer shall
not be entitled to any refund of money from the Seller.
Shipping cost for
returning the product shall be borne and incurred by the Seller.
Replacement
Definition:
Replacement is the action or process of replacing something in place of
another. A Buyer can request for replacement whenever he is not happy with the
item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong
item shipped and the like.
Points to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees for a return request, Buyer can contact MySocially
at [email protected]
Buyer needs to
raise the replacement request within the return period applicable to the
respective product. Once the replacement request has been raised, the following
steps shall be followed:
1. Buyer is asked for
"Reason for Return". Among others, the following are the leading
reasons:
2. Shipping was
damaged
3.
Item was defective
4.
Item Dead on Arrival
5.
Item(s) were missing
6. Wrong item sent
7. An intimation shall
be provided to Seller seeking either "approval" or
"rejection" of the replacement request.
8. In case the Seller
accepts the replacement request, Buyer shall be required to return the product
to the Seller and only after return of the product, Seller shall be obliged to
provide the replacement product to the Buyer.
9. Incase Seller
rejects the replacement request, Buyer can choose to raise a dispute by writing
to [email protected].
In case the Seller
doesn't have the product at all, Seller can provide the refund to the Buyer and
Buyer shall be obligated to accept the refund in lieu of replacement. All the
product parameters shall be required to be complied with in cases of
replacement.
If the Seller
doesn't respond to the Buyer's replacement request, within three (3) days from
the date of replacement request placed by the Buyer, refund shall be processed
in favour of Buyer and Seller shall be liable to refund amount paid to the
Seller.
All shipping and
other replacement charges shall be borne and incurred by the Seller.
Disputes (Resolutions) Policy
Overview
Generally,
transactions are conducted smoothly on MySocially. However there may be some
cases where both the Buyers and Sellers may face issues. Buyers and Sellers can
reach out to MySocially in case of a dispute between a Buyer and Seller.
What is a 'dispute'?
A 'Dispute' can be
defined as a disagreement between a Buyer and a Seller in connection with a
transaction on the Website.
How does a 'dispute' occur in the Marketplace?
Disputes are filed
as a result of a disagreement between the Buyer and the Seller. Disputes arise
out of an issue that is raised by either party not being completely satisfied
with the resolution of their complaint/issue.
It is important
that before a Buyer/Seller raises a dispute, they should attempt to solve the
issue. Please note that whenever a Buyer raises a dispute, the Seller's payment
for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a
disagreement, the Buyer can write to [email protected], while the Seller
can write to [email protected], in order to raise a dispute. Disputes can
be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the
indicative examples of potential disputes:
1. Wrong item received
2. Item Not as
described
3. Damaged or Seal
broken on Product
4.
Part/Accessory missing
5.
Item not Compatible
6.
Seller Description/Specification Wrong
7.
Defective (Functional issues)
8.
Product not working and Manufacturer claims invalid Invoice
In case the Seller
rejects the return request of the Buyer, and Buyer raises a dispute, then
MySocially will try to mediate and resolve the dispute between both the
parties. If the dispute is resolved in favour of the Buyer, a refund is provided
once the product is returned to the Seller. If the dispute is settled in favour
of the Seller, Buyer is entitled to any refund.
In case of a
dispute where the Seller is unable to provide a refund or a replacement,
MySocially will actively work towards reaching a resolution.
The Buyer can write to [email protected] if the issue
with the Seller is not resolved. MySocially's Customer Support team will look
into the case to check for possible fraud and if the Buyer has been
blacklisted/blocked from making purchases on the Website. Only after verifying
these facts, a dispute can be registered.
In due course of
resolution, MySocially's Customer Support Team will facilitate a conference
call including the Seller and the Buyer.
When a dispute has
been raised, MySocially may provide both the parties access to each other
Display Names, contact details including email addresses and other details
pertaining to the dispute. Buyers and Sellers are subject to final consent from
MySocially for settling the dispute.
Buyer Eligibility and Restrictions
Buyers can file a
dispute within 45 days from the date of delivery of the product
Any damage or loss
to the product after delivery will not be covered under this program and will
completely be the Buyer's responsibility. Buyers should refuse to accept
delivery if the item is damaged.
Buyers should first contact the Seller and attempt to resolve the issue.
If the Buyer doesn't hear from the Seller or is unable to resolve the issue
with the Seller even after contact, a dispute can be raised with MySocially by
writing an email to [email protected]
MySocially reserves
its right to initiate civil and/or criminal proceedings against a User who,
files an invalid and/or false claims or provides false, incomplete, or misleading
information. In addition to the legal proceedings as aforesaid, MySocially may
at its sole discretion suspend, block, restrict, cancel the Display Name [and
its related Display Names] of such User and/or disqualify that user and any
related users from availing protection through this program.
Disputes via Chargeback
Whenever a
chargeback (CB) comes from a payment gateway/bank, following situations may
arise:
1. Item not received
CB - Buyer hasn't received the item. Refund will be created in accordance with
the dispute policies
2. Unauthorized CB -
Buyer hasn't made this particular transaction. Refund will be created in
accordance with the dispute policies.
Seller expressly
agrees that issuing the correct and complete invoice is the sole and primary responsibility
of the Seller. Furthermore, Seller shall ensure that invoices state
"Powered by MySocially" and failing to do so Seller will be liable
for chargebacks (as applicable).
1.
Item not as described - meaning item is not what Buyer expected. Dispute
will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private
communication, including email correspondence, is not regulated by MySocially.
MySocially encourages its Users to be professional, courteous and respectful
when communicating by email.
However, MySocially
will investigate and can take action on certain types of unwanted emails that
violate MySocially policies.
Such instances:
Threats of Bodily
Harm - MySocially does not permit Users to send explicit threats of bodily
harm.
Misuse of
MySocially System - MySocially allows Users to facilitate transactions through
the MySocially system, but will investigate any misuse of this service.
Spoof (Fake) email
- MySocially will never ask you to provide sensitive information through email.
In case you receive any spoof (fake) email, you are requested to report the
same to Us through 'Contact Us' tab.
Spam (Unsolicited
Commercial email) - MySocially's spam policy applies only to unsolicited
commercial messages sent by MySocially Users. MySocially Users are not allowed
to send spam messages to other Users.
Offers to Buy or
Sell Outside of MySocially - MySocially prohibits email offers to buy or sell
listed products outside of the MySocially Website. Offers of this nature are a
potential fraud risk for both Buyers and Sellers.
MySocially policy
prohibits user-to-user threats of physical harm via any method including,
phone, email and on Our public message boards.
Violations of this
policy may result in a range of actions, including:
·
Limits on account privileges
·
Account suspension
·
Cancellation of listings
·
Loss of special status
MySocially Business
Enterprises LLP
_______________________
_______________________
I, [name]
____________________________ of [address] _________________________ do solemnly
and sincerely declare as follows:
1. I am the owner of
certain intellectual property rights, said owner being named __________________
("IP Owner").
2. I have a good faith
belief that the item listings or materials identified in the annexure attached
hereto are not authorised by the above IP Owner, its agent, or the law and
therefore infringe the IP Owner's rights. Please expeditiously remove or
disable access to the material or products claimed to be infringing.
3. I may be contacted
at:
Name
___________________________________________________________
Title & Company
________________________________________________________
Address
_________________________________________________________
Email
(correspondence) ___________________________________________________
Telephone/Fax
_____________________________________________________________
Date
_________________________________________________________________
and I make this
declaration conscientiously believing it to be true and correct.
Declared by
______________________________
on [date]
___________________________________ in [place]________
Truthfully,
Signature
Addendum to Notice of Infringement:
List of Allegedly
Infringing Listings, Products, or Materials
A Note on Reason
Codes: When identifying item numbers please use the reasons below. When
removing products from the site, MySocially will inform Sellers of the specific
reason for the removal of their products.
Select the most
appropriate reason. Please associate each item you report with only one reason
code.
Trademark-infringement
1. Trademark owner
doesn't make this type of product or has discontinued the production of the
product
2. Item(s) is an
unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
1. Listing(s) has
unlawful comparison to trademark owner's brand or product
2. Listing(s) contains
unlawful use of trademark owner's logo
Copyright-item infringement
1. Software is being
offered without any license or in violation of a license
2. Item(s) is a
bootleg recording;
3. Item(s) is an
unlawful copy (software, games, movies, etc.);
4. Item(s) is unlawful
duplication of printed material
5. Item(s) is an
unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
1. Listing(s)
comprises unauthorized copy of copyrighted text
2. Listing(s)
comprises unauthorized copy of copyrighted image
3. Listing(s)
comprises unauthorized copy of copyrighted image and text
Reason Code:
_____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item Number(s):
___________________________________________________________
Note:
1. Please provide the
ownership of Trademark (Trademark Registration Certificate should be in the
name of applicant)
2. Please provide the
evidence as to the ownership of copyright.
All such Notices of
Infringement shall be sent to [email protected]
Contacting the Seller
At MySocially we are committed towards ensuring that disputes between
sellers and buyers are settled amicably by way of the above dispute resolution
mechanisms and procedures. However, in the event that a buyer wishes to contact
the seller, he/ she may proceed to do so by accessing the contact seller form
made available in the order info page. Alternatively, the buyers may also reach
out to customer support at [email protected]