Term of Use
Mingomart Privacy Policy & Term & condition & Term 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.mingomart.com website.
The domain name www.mingomart.com (hereinafter referred to as “Website”) is owned by Mingomart E-Retail Private Limited a company incorporated under the Companies Act, 2013 with its registered office at RIG NO.234 Semra No.1, Chargavan, Gorakhpur Gorakhpur-273013 Utter Pradesh, India, (hereinafter referred to as “Mingomart”).
Your use of the Website and services are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website. By mere use of the Website, You shall be contracting with Mingomart E-Retail Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Mingomart.
“You” or “User” shall mean any 18 year Old legal person who has agreed to become a buyer on the Website. While registering on the Website as Registered User using the computer systems or mobile phone. Mingomart allows the User to Use or surf the Website free and making purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean Mingomart E-Retail Private Limited.
If You use any of the services provided by Us through our Website. You will be subject to the rules, terms, policies, guidelines, and conditions applicable to such service, and they shall be deemed to be incorporeted into 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 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.
BY USING OUR WEBSITE OR ACCESSING, BROWSING THE SITE WILL MEAN YOU ARE AGREE TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.YOUR USE OF THE WEB SITE INDICATES YOUR (i) ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND (ii) ACKNOWLEDGEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE WILL BE MANAGED IN ACCORDANCE WITH THE PRIVACY POLICY.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE WEB SITE.
By clicking on the “I ACCEPT” tab or by use the website or by other means accepting these Terms of Use, You also accept and agree to be bound by Mingomart Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.
Eligibility to use
This is a general audience Web Site and users of all ages are welcome to browse the Web Site. However, if you are under the age of 18, you should not provide any information about yourself on or through the Web Site, including, but not limited to, your name, address, email address, phone number and other personally identifiable information.
Our website Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Mingomart system by Mingomart for any reason whatsoever. Mingomart.com reserves the right to terminate your membership and 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. This Web Site is available worldwide and may be operated from various locations from India. Access to and use of the Web Site, including functionality and features available on the Web Site (“Features”) and products and services available for purchase through the Web Site, however, may be inappropriate, prohibited or restricted in countries outside the India.
User Account Password and Security
If you use the Website as Registered User or Guest User you are 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. By using our website you are responsible for maintaining the confidentiality of your email ID and phone number and restricting access to your computer, computer system and computer network, Also as a Guest User or ragisterd User, you shall ensure the physical security and possession of your phone, the details of which are used to transact services with Mingomart.com. You agree that if You provide any information that 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. Mingomart cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You must immediately notify us of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.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 and Services is expressly prohibited.
Services
The Website is only a venue or electronic platform in the form of an electronic marketplace and an intermediary that provides a platform for Users to buy different type of product. The Website is is an electronic platform where Users may meet and interact with one another for their transactions. The Services are offered to the Users through various modes which may include issue of ERP Electronic Rupees Point that can be redeemed for various Products. Membership on the Website is free. MingoMart.com does not charge any fee for browsing and buying on the Website. MingoMart.com reserves the right to change its Service Fee and Credit policies from time to time without any prior notice.
Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Payments related Information
Presently Cash on Delivery as a mode of payment is only available option for purchasing product on the Website. MingoMart does not charge any fee for browsing the Website or buying the Products on the Website currently.We reserve our right to change the prices of the services and the availability of the same at our sole discretion.
User Obligations
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. The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website. You are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. MingoMart reserve the right to disable access to the User Content on the Website at any time without preor notice. While visiting the Web Site and participating in, accessing and using the Features, you must conduct yourself in a polite and respectful manner, comply with all applicable rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Web Site: request, or otherwise attempt to obtain or store, personal information, passwords, account information or any other type of information relating to other users,disguise the origin of User Communication; alter, modify, or “mirror” any Content; create a deep-link to our Web Site by by-passing our Web Site’s home page; robots, or similar data-gathering and extraction tools in connection with the Web Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Web Site or interrupt any user’s experience on the Web Site, including, but not limited to, acting in any manner that disrupts users’ real-time exchanges; interfere with or disrupt the Web Site, or servers or network connections to the Web Site, disobey any procedures, policies or regulations of networks connected to the Web Site; modify, translate, sell, reverse engineer,or disassemble any portion of the Web Site; or attempt to gain unauthorized access to the Web Site.
Service and Products,
Services Content and Features. All Features, Content, and products and services available on or through the Website, including, but not limited to, prices of such products and services, are subject to change at any time without any notice. In addition, any Content, Feature, product or service may be discontinued at any time in our sole discretion. The inclusion of any, Content, products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Content Of the website
All the content of the MingoMart.com like All text, photographs, user interfaces, graphics, logos trademarks, is a third party user generated content and MingoMart has no control over such third party user generated content as MingoMart is merely an intermediary for the purposes of this Terms of Use. However You are only allowed to view these content. You are not allowed to modify, alter, sell or remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website by any means.
Intellectual Property Rights
The Website and all text, graphics, user interfaces, visual interfaces, and their selection and arrangement, artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by MingoMart or its licensors and the design, structure, coordination, selection, expression, look, such Content is protected by copyright. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, designs and layout, trade names, trade dresses, reproducing rights, communicating rights, infringement rights, selling rights, distribution right.
Accuracy of Information.
MingoMart makes efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. MingoMart takes efforts to ensure that information on this Web Site is complete, accurate current and complete. Despite MingoMart’s efforts, however, the information on this Web Site may occasionally be incomplete, inaccurate, or out of date. Product descriptions, Weights, measures, commentary regarding products are provided for convenience purposes only. We reserve the right to make changes in information about price and availability without notice. While it is the practice of MingoMart to confirm orders by email, MingoMart reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer, only the receipt of an email order confirmation does not acceptance of an order or confirmation of an offer to sell a product or service. MingoMart also may require verification of information prior to the acceptance and/or shipment of any order.
Third Party Content
General third party information such as, graphics, user interfaces, visual interfaces, logos, images and photographs of the products, product description and specifications, advertisements including videos, product catalogues, links to third party is a third party user generated content and MingoMart has no control over such third party user generated content as MingoMart is merely an intermediary for the purposes of this Terms of Use. MingoMart shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
Disclaimer Of Warranties & Liability
This Website, content and services and all the materials and products, user content and any third party content, are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.
MingoMart does not warrant, that,The Website or services will be effective, accurate or reliable, the quality of the website or services will meet your expectations or This Website will be constantly available, or The information on this Website is complete, true, accurate or non-misleading. MingoMart.com is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses arising out of or in connection with the Website, its services or this agreement.
The User understands and agrees that any content or data obtained through the website is done entirely at their own 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 content or data.
Terms
The Agreement will continue to apply until subverted by either You or MingoMart. If You want to end Your agreement with MingoMart, You may do so by not accessing the Website; or closing Your Account for all of the Services that You use, where MingoMart has made this option available to You.
You agree that MingoMart may, in its sole discretion and without prior notice, terminate Your account. MingoMart reserve the right to suspend all or a portion of Your Account or access to the Services with or without reason.
You agree that MingoMart shall not be liable to You or any third party for any suspention or termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
MingoMart reserves the right, in our sole discretion, to revise, change, or modify these Terms and Conditions at any time without prior notice. Your continued use of the Web Site following our notice to you of Revisions to these Terms and Conditions signifies your agreement to be bound by the revised Terms and Conditions.
Governing Law and jurisdiction
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and MingoMart shall be subject to the exclusive jurisdiction of the courts at Gorakhpur.
Report Abuse
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please report to the MingoMart.
Making a User Communication,
You represent and warrant (i) you own all right, title and interest in and to the User Communication, (ii) the User Communication, and the exercise by MingoMart of the rights granted it under the User Communications in relation to such User Communication, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, copyright, trademark, publicity,patent, privacy and contract rights of others and When You use the Website or send emails or other data, information or communication to MingoMart, You agree and understand that You are communicating with MingoMart through electronic records and You consent to receive communications via electronic records from Mingomart periodically and as and when required. MingoMart will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law, (ii) the User Communication does not contain software viruses, spiders,commercial solicitation, chain letters, any form of spam, or any other content that is prohibited under these Terms and Conditions.We do not guarantee that User Communications will not be lost or damaged or that you will be able to retrieve User Communications.
Feedback
Any feedback You provide to this Website shall be deemed to be non-confidential. MingoMart shall be free to use such information.
MingoMart’s Replacement Guarantee
We understand that sometimes products need to be returned. Whether your item has developed a fault, is damaged or is no longer required, we can help you out. MingoMart’s Replacement Guarantee apply to those Buyers who have been received the faulty or damaged product from the Website. The return policy period depends on the product category. If at the time of delivery or within the applicable return policy period, if any defect is found, then the buyer of the product can ask for replacement of the product from the MingoMart subject to the following terms and conditions.
1.Returns and exchanges can only be processed with proof of purchase. This can be the sales receipt, a bank statement or an online sales invoice.
2. An unwanted, faulty, damaged or incorrect product can be returned within different time period, please check the return policy.
3.Notify MingoMart of any defects in the product at the time of delivery of the product or within the applicable return policy period and the same product will be replaced in return of the defective product.
4. Replacement can be for the entire product or part of the product.
Following products shall not be eligible for return or replacement:
1- We do not cover faults caused by accident, neglect, misuse or normal wear and tear.
2- Items delivered direct from the Manufacturer cannot be returned.
3- 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;
4- Incidental damage due to malfunctioning of product;
5- Any damage defect which are not covered under the manufacturer’s warranty.
6- Damages due to misuse of product;
7- Products with tampered or missing serial and UPC numbers;
8- Any consumable item which has been used or installed;
On Clothing and Footwear,MingoMart accept 10 day exchange subject to the following conditions:
Clothes and footwear are not altered or damaged used, soiled, washed,in any way. Original tags and packaging should be intact. For items that comes in branded packaging, the box should be undamaged.Returns are not applicable for ‘Made to order’, freebies, socks, Innerwear, lingerie, clothing jewellery, etc.
If MingoMart has suspicion or knowledge, that any of its buyers are involved in any activity that is intended to provide claims or information that is not genuine, false, misleading, then MingoMart may while reserving its rights to initiate civil or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer or disqualify that user.