This document is in
accordance with IT Act-2000 and further rules and regulations set out as per
the provisions of Rule 3 (1) of the Information Technology (Intermediaries
guidelines) Rules, 2011 that require publishing the rules and regulations,
privacy policy and user agreement for access or usage of www.mubarkdeals.com
website.
User Agreement:
This User Agreement contains rules and
regulations, policies and terms and conditions, and agreements applicable to any person who may access or use www.mubarkdeals.com, including any sub-domains,
Web Pages or extension of www.mubarkdeals.com (Website) and you hereby agree
and acknowledge to be bound by the terms of this User Agreement.
The use of www.mubarkdeals.com and the services
provided are subject to the rules and regulations, policies, notices, terms and
conditions set forth in this User Agreement. For the purposes of this User
Agreement, 'User' and wherever the context may require 'You' (or any variation
thereof), shall mean any natural or legal person who has agreed to become a user of the Website by accessing or browsing the Website and/or has registered
as a member of the Website by submitting identification information/
registration details using the computer system of this Website and Accepting
the electronic record of the User Agreement and has obtained a unique username
and a secret alpha-numerical key (password) for using the Website.
Amendment: Mubarak SmartTech Private Limited
(Henceforth referred to as "Company") reserves the right to change
this Website and/or alter the terms and conditions of this User Agreement at
any time and retains the right to deny access to anyone who the Company
believes has violated the provisions of this User Agreement. You are advised
that any amendment to the User Agreement or rules and policies incorporated
herein by reference will only be notified on the Website on publicly accessible
links and you agree by accessing, browsing or using this website that this
constitutes sufficient notice for all purposes against you. The revised
version/ terms shall be effective from the time that the Company posts the same
on the Website. [In the event, that the User Agreement includes a substantial
change, the Company will provide 30 days' prior notice of such substantial
change by posting the same on the Website and also at the email address
provided by the User to the Company. For the purposes of this User Agreement,
'substantial change' means a change to the terms of this User Agreement that
reduces your rights or increases your responsibilities.
By impliedly or expressly accepting this User
Agreement, You also accept and agree to be bound by www.mubarkdeals Rules and
Policies for Sellers, Buyers and all other policies stated on
www.mubarakdeals.com as provided from time to time in the following
hyperlinks:
· Policies for Sellers
· Policies for Buyers
Definitions:
Payment on Billing shall mean a Transaction where
the payment for the items purchased is paid through the (i)
www.mubarkdeals.com Pay Facility or (ii) the buyer (if permitted by the
relevant seller) has opted to deposit the Transaction Price in the bank account
of the Company by way of cash, cheque, demand draft or any other mode of
payment and such payment of the Transaction Price is credited to the bank
account of the Company within [3] days of booking the Transaction.
Payment on Delivery shall mean a Transaction where
the payment for the items is collected from the buyer by the Logistics Partner
at the time of delivering the goods. In this case, the Buyer shall only make
payment in cash and no other mode of payment will be accepted. However, this
facility is available only in limited cities in India and the Company in its
sole discretion and without notice, reserves the right to add or withdraw the
cities in which such option may be available. This facility shall not be
available for Delivery of items outside India.
Delivery / Delivered means physical delivery of
the items to the buyer (for which a Transaction Price has been paid by the
buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or
such other mode of payment approved by the Company) by the seller through a
reputed courier service or by the Logistics Partner at the address communicated
by the buyer on the Website.
Dispatch/ Dispatched shall mean that the items
(for which a Transaction Price has been paid by the buyer by Payment on Billing
or the buyer has opted for Payment on Delivery, or such other mode of payment
approved by the Company) have been dispatched by the seller through a reputed
courier service or by the Logistics Partner at the address communicated by the
buyer on the Website.
Dispatch Details means the true, accurate and
valid data, information, details or documents as specified by the Company from
time to time, which the seller/ Logistics Partner is obligated to provide to
the Company [on the Website] as proof that the item has been Dispatched and/or
Delivered, as the case maybe.
Information means and shall include any
confidential and/or personally identifiable information or other information
provided to the Company or other Users of the Website at the time of
registration with the Website, buying or listing process or through any email
feature and shall include without limitation your name, email address,
billing/shipping address, phone number and banking / financial information.
Issuing Bank in respect of a buyer, means any bank
that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the
branch of a bank which maintains a Valid Bank Account in the name of buyer;
with which the buyer makes payment of the Transaction Price. [Currently, www.mubarkdeals
pay Facility supports online bank transfers from the banks that are available
while selecting the www.mubarkdeals.com Pay Facility as the payment
method. The Company may add or remove or suspend any one or more banks directly
or through any payment gateway facilitators and such change shall come into
effect upon the same being posted on the Website.
Logistics Partner shall mean reputable logistics
and courier company(s) appointed by the Company that will provide various
services of collection and delivery of items, collection of the Transaction
Price from the buyer in case of Payment on Delivery Transactions or such other
services that the Company may require.
Transaction means every electronically generated
valid purchase order placed by the Buyer for purchasing the items listed by the
Seller on the Website.
Transaction Price means the price to be paid for
the items to be purchased by the buyer for every Transaction and which price
shall include, if applicable, the shipping charges, insurance charges and all
other taxes, duties, costs, charges and expenses in respect thereof as charged
by the seller.
Valid Card means any valid credit card/ valid
debit card/ valid cash card or any other card of whatsoever nature issued by
Visa or MasterCard and/or by any Issuing Bank or any institution designated to
issue such cards and lawfully owned by the User of the card at the time of the
Transaction as well as at the time of Refund, if any.
Valid Bank Account shall mean a valid and
operational bank account in the name of the User of which the User is the
rightful and legal owner having the ability to issue cheques/ demand drafts and
make deposits, which in respect of the buyer shall be referred to as the Buyer
Bank Account and in respect of the Seller be referred to as the Seller Bank
Account. [Both the Buyer Bank Account and Seller Bank Account are required to
be with a branch of a nationalized bank as per applicable Indian laws or other
banks which are registered with or approved by Reserve Bank of India and such
branch and/or account of the Buyer and Seller supports Reserve Bank of India’s
electronic / online banking system including, without limitation, National
Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
www.mubarkdeals.com Facility means the automated
electronic payment or collection and remittance facility provided by the
Company to Buyers and Sellers to facilitate purchase and sale of items and
making payments there for on the Website directly through banks or financial institution
infrastructure or indirectly through payment gateway facility providers or
through any such facility authorized by the Reserve Bank of India to provide
enabling support facility for collection and remittance of payment. [Currently,
www.mubarkdeals.com Pay Facility supports online bank transfers from the
banks that are available while selecting the www.mubarkdeals.com Facility as
the payment method. The Company may add or remove or suspend any one or more
banks directly or through any payment gateway facilitators and such change
shall come into effect upon the same being posted on the Website.
Eligibility:
This Website may only be used or accessed by such
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, persons of unsound mind, and undischarged
insolvents are not eligible to use the Website. A minor is not allowed to
access or register as a User or sell or purchase any items on the Website.
If you represent and are registering as a business
entity, by accepting the User Agreement you represent that such entity has
sufficient authority under applicable law to enter into the User Agreement and
you are duly authorized by the business entity to accept this User Agreement
and you have the authority to bind that business entity to this User Agreement.
Registration and Communication:
Registration: You are solely responsible for
maintaining secrecy and confidentiality of your username and password. You
hereby acknowledge and accept that the website will grant access to any person
who has obtained your username and password in the same manner as it would have
granted access to you and you are responsible for all activities conducted
under your username and password. The Company, its employees or associates will
not be responsible in any manner for losses occurring from such breach of
secrecy of your username and password.
You agree that your sole purpose of registering or
using the Website is to buy or sell unique Muslim fashion products and you
shall not use this Website for any other purpose including for selling or
buying products other than as mentioned above or products that are not allowed
under applicable law to be sold or bought by you in any manner.
You agree to provide true, accurate and complete
information while registering or for any other purpose when prompted to do so
on the Website. You are prohibited from misrepresenting your identity and agree
not to represent yourself as another User or login/ register using the identity
of any other person. You are responsible to maintain and promptly update the
information provided while registering or for any other purpose on the Website
to ensure that the information provided by you is true, accurate, current and
complete at all times. If you provide any information that is untrue,
inaccurate, not current or incomplete or the Company has reasonable grounds to
deduce that such information is untrue, inaccurate, not current or incomplete,
or not in accordance with this User Agreement, the Company reserves the right
to indefinitely suspend or terminate or block your use or access to the Website
in any manner whatsoever.
Seller Registration: To be eligible to sell items
on the Website, the User is required to separately register with the
www.mubarkdeals.com. The seller shall provide complete details of the
Seller Bank Account as a part of the www.mubarkdeals.com Pay Seller
Registration or at a later date in lieu of or in addition to the original
Seller’s Bank Account.
Buyer Registration: Other than being a User, there
is no separate registration requirement for buyers. The www.mubarkdeals.com Pay
Facility is available to Buyers who hold a Valid Card or Valid Bank Account.
Electronic Communication: You agree to keep
yourself updated with all data, information and communication pertaining to you
made available on the Website by the Company. You further agree that your use
of the Website or provision of any data or information including any
correspondence (by email or otherwise) to or by the Company is through
electronic records and you consent to receive communication from the Company
via electronic records which will be deemed adequate service of notice/
electronic record.
Terms of Use:
You understand and agree that the Company and the
Website merely provide hosting services to its Users who access the Website for
purchase and sale of unique Indian products (that are permitted to be bought
and sold under applicable law). All items advertised and/or listed on the
Website and the contents therein are advertised and listed by Users and are
third party purchasers and/or sellers as the case may be. You also give
permission to the Website and the Company to store details and records of your
usage of the Website indefinitely. However, this does not constitute any
obligation on the part of the Company or the Website to do so.
Currently the membership on the Website is free
and the Company does not levy any charges/fees for browsing or buying on the
Website. However, for the purposes of listing any item on the Website to be
sold or availing other services provided by the Company through the Website
such as packing, warehousing, courier etc., the Seller will be charged fees as
provided in the Facility Charges Policy incorporated herein by reference. The
Company reserves the right to introduce new services or modify the existing
services provided on the Website. Additionally, the Company at its sole
discretion may introduce fees for the new services provided or amend/ introduce
fees for the existing services, as the case may be. Changes to the User
Agreement or any of the rules and policies of the Company shall be posted on
the Website and such changes shall automatically become effective immediately
after they are posted on the Website.
All fees/ charges shall be quoted in Indian Rupees
and shall be payable to Mubarak SmartTech Private Limited within such time as
specified in the invoice. You are responsible for paying all charges/ fees
associated with the use of the Website and shall be liable to pay any and all
applicable taxes, charges, cesses etc. which may be levied. In case of any non-
payment, the Company reserves the right to issue a warning or temporarily/
indefinitely suspend or terminate your membership with the Website and disallow
access to the Website. The Company also reserves the right to take any legal
action against you in case of any non- payment of charges/fees to the Company.
If you purchase anything on the Website, you agree
to also comply with the terms and conditions set out in the Policy for Buyers
incorporated herein by reference.
If you propose to sell anything on the Website,
you agree to also comply with the terms and conditions set out in the Policy for
Sellers incorporated herein by reference.
You agree that the Company may appoint any third
party service provider, including but not restricted to one or more of the
Company's affiliate to provide backend operations and support as instructed by
the Company from time to time including but not limited to collection,
processing and remittance of the Transaction Price using the existing
authorized banking infrastructure to provide enabling support facility for
collection and remittance of payment including but not limited to the Logistics
Partner.
The Company neither originates nor transmits any
communication/ information on behalf of any User nor does it modify the
contents of any communication transmitted. The Company has no control over
third parties and contents generated by the Users on the Website.
Any information provided by you to the Company or
submit on the Website or provide or display to other Users of the Website in
the registration, buying or listing process, in the feedback area or through any
e-mail communication is solely your responsibility and the Company or the
Website merely is a platform where such information is distributed, published,
displayed or used by Users. The Company or the Website is not liable for
accuracy, appropriateness or legality of such information.
User Obligations:
All contractual terms of the manner and terms and
conditions of delivery, payment, insurance etc. between the buyer and the
seller shall be independently agreed with the other users of the Website that
you may transact with.
You will treat the Website as a mere passive
conduit which is used as a platform by Users to create listings or provide
information for the purpose of selling their items so that such information can
be discovered and read by other Users of the Website who may wish to purchase
such items from other Users or provide feedback on items they have purchased or
sellers who have sold any item to them.
You agree and undertake not to host, display,
upload, modify, publish, transmit, update or share any information or list any
information or item that:
o belongs to another person and
to which You do not have any right to;
o is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
o harm minors in any way;
o 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 items;
o violates any law for the time
being in force;
o deceives or misleads the
addressee/ users about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
o impersonate another person or
use an anonymous proxy;
o 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;
o 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;
o shall not be false, inaccurate
or misleading;
o 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;
o may give rise to liability on
part of the Website or the Company or cause any hindrance (in whole or in part)
with respect to the services of ISPs or other suppliers of the Website or the
Company; and
o link directly or indirectly to
or include descriptions of items that are (i) prohibited under the User
Agreement or any other applicable law for the time being in force including but
not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies
(Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860,
Information Technology Act 2000 as amended time to time and rules there under
or (ii) are at the same time listed for sale on a web site other than the
Website. You shall not promote any website or webpage or link on the Website.
In case of any violation of the above provisions,
the Company has the right to immediately terminate the access or usage rights
of the user to the Website without any notice and any such information that is
displayed or submitted on the Website can be removed immediately and completely.
You shall be responsible for keeping backup
versions of the information and data provided by you. You hereby agree that you
will not expect the Website to restore or keep back up of your information and
data and not hold the Website or the Company accountable for any loss of data
in any circumstances.
You shall not, either alone or in conjunction with
other users, manipulate or attempt to manipulate the prices of any item being
sold or purchased on the Website. You will also refrain from accessing
information or databases in an unauthorized manner from the Website or servers
where information or databases are kept.
You shall not attempt to or circumvent or
manipulate any of the obligations conferred on you by this User Agreement. If
such attempt is discovered, it will constitute sufficient ground for
termination of access to the Website and also for taking appropriate legal
action.
In case of any transaction or attempted
transaction pertaining to any item listed on the Website which is
violating User Agreement or applicable laws comes to your knowledge, you
shall forthwith take all steps to inform the Company of such violation at
customercare@Mubarkdeals.com.
If you choose to provide feedback on the Website
which is visible to other users, you shall exercise due care while making
comments and not make any comments that are not factual in nature and shall not
post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other
User's Information to a third party, or use the Information for any
unauthorized purpose including for the purposes of marketing unless you have
obtained the User's express consent to do so.
You shall not place any advertisements on the
Website in any manner. Further, you shall not use the Website to promote your
own or any other persons business or interests on the Website except for
providing description on a listing for a specific item, unless permitted by the
Company in writing.
You shall not attempt to 'double dip' during the
course of a dispute by receiving or attempting to receive funds from the
Company and/or its service providers and/or the buyer or seller as the case
maybe.
Disclaimers:
The Website is only a platform where users may
meet and interact with one another for their transactions. The Website or the
Company is not and cannot be a party to or control in any manner any
transaction between two users of the Website.
All commercial / contractual terms are offered by
and agreed to between buyers and sellers alone as per principal to principal
bipartite contractual obligations. The commercial / contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date,
period and mode of delivery, warranties related to items listed for sale. The
Company does not have any control and neither does it determine or advise or in
any way involves itself in the offering or acceptance of such commercial /
contractual terms between buyers and sellers. Further, you understand that a
listing may end if another User buys the item, or the User who made the listing
chooses to end the same or if the listing expires after a stipulated period of
time.
The Company is neither involved in the buying and
selling of items on the Website nor liable or responsible for any non-
performance or breach of any contract entered into between the Users (i.e.
buyer and seller) including but not limited to non-Delivery or non-receipt,
non-payment, damage, breach of representations and warranties provided by the
seller or any fraud as regards the items listed on the Website. The Users
acknowledge that the Company will not be liable for any damages, interests or
claims etc. resulting from not processing or any delay in processing a
Transaction/ Transaction Price which is beyond the control of the Company. The
Company shall not and is not required to mediate or resolve any dispute or
disagreement between users.
The Company does not make any representation or
warranty as to the attributes (such as quality, worth, marketability,
merchantability, usefulness) of the items proposed to be sold or offered to be
sold or purchased on the Website. In particular, the Company does not
implicitly or explicitly support or endorse the sale or purchase of any items
on the Website. The Company shall not be liable for any errors or omissions,
whether on behalf of itself or third parties.
The Company does not make any representation or
warranty as to the attributes (such as legal title, creditworthiness, identity
etc.) of any of its users. You are advised use your best judgment and
independently verify the bona fides of any particular User that you choose to
deal with on the Website.
The Website is only a venue through which Users
can reach a larger base to buy and sell unique Indian products. The Company is
only providing a platform in form of the Website for communication and a
hosting service for information and it is agreed that the contract for sale of
any of the items shall be a strictly bipartite contract between the seller and
the buyer. At no time shall any right, title or interest over the items vest
with the Company nor shall the Company have any obligations or liabilities in
respect of such contract. The Company is not responsible for unsatisfactory or
delayed performance of sellers or damages or delays as a result of items being
out of stock, back ordered or otherwise unavailable. All items offered by
sellers are only for a restricted time and only for the available supply as
offered by sellers.
The Company and its suppliers, affiliates and
service providers make available the Website, www.mubarkdeals.com Pay
facility for electronic payment on an "as is" basis and without any
warranty or condition, express, implied or statutory and specifically disclaim
any implied warranties of title, merchantability, fitness for a particular
purpose and non-infringement. The Company specifically disclaims any such
warranty. You expressly agree that the use of the Website and the
www.mubarkdeals.com Pay electronic payment facility is at your own risk.
You release and indemnify the Company 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. The
Company cannot control the information provided by other Users, which is made
available on the Website notwithstanding the Company's reasonable efforts in
that behalf. You may find other User's information to be offensive, harmful,
inaccurate, or deceptive. Please use caution and practice safe trading when
using the Website. Please note that there may be risks in dealing with foreign
nationals, underage persons or people acting under false pretense.
Limited liability of the Company:
In no event shall the Company or its suppliers,
affiliates and service providers be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other
intangible losses arising (in any manner whatsoever, including but not limited
to negligence) out of or in connection with the Website, the
www.mubarkdeals.com Pay Facility, services provided by the Logistics Partner
or any other services or this User Agreement.
The Company liability in any circumstance is
limited to the amount of charges/ fees, if any, paid by you to the Company. The
Company, its associates, affiliates and service providers and technology partners
make no representations or warranties about the accuracy, reliability,
completeness, and/or timeliness of any content, information, software, text,
graphics, links or communications provided on or through the use of the Website
or that the operation of the Website or the Logistics Partner or
www.mubarkdeals.com Pay Facility will be error free and/or uninterrupted.
The Company provides no guarantee to its Users in respect of the products sold
on the Website. Consequently, the Company assumes no liability whatsoever for
any monetary or other damage suffered by you on account of:
o The delay, failure,
interruption, or corruption of any data or other information transmitted in
connection with use of the Website or www.mubarkdeals.com Pay Facility.
o Any delay, failure,
interruption or errors in the operation of the Website or the Logistics Partner
or www.mubarkdeals.com Pay Facility.
Indemnity
You shall indemnify and hold harmless the Company
and the Company's parent, subsidiaries, affiliates, third-parties 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 the User
Agreement including the rules and policies incorporated herein by reference, or
(ii) your violation of any law, rules or regulations or the rights of a third
party.
Consent and Privacy Policy:
By using the Website and/or by providing your
information, you consent to the collection and use of such information
disclosed by you on the Website on the www.mubarkdeals.com Pay Facility,
by the Company. The personal information / data including but not limited to
the Information provided by the You to the Website/ www.mubarkdeals.com Pay
Facility during the course of a Transaction shall be treated as strictly
confidential and retained in accordance with the Privacy Policy which is
incorporated herein by reference and applicable laws and regulations including
but not limited to Information Technology Act, 2000 and rules there under. The
Company does not sell or rent or otherwise disclose your personal information
to third parties for their marketing purposes without your explicit consent and
the Company only uses your information in the manner described in the Privacy
Policy. If you do not agree to your Information being transferred or used in
this way please do not use the Website.
The Company views the protection of user’s privacy
as a very important community principle. The Company clearly understands that
you and the personal information provided by you is one of the most important
assets to the Company. The Company stores and processes the information
provided by you in computers located in India that are protected by physical as
well as reasonable technological security measures and procedures in compliance
with the provisions of the Information Technology Act, 2000 and rules made
thereunder.
BREACH:
Without limiting other remedies that the Company
may pursue, the Company may at its sole discretion take such action as it deems
fit including but not limited to cancellation of the Transaction or payments
made, limit your activity, immediately remove your information or listings, or
end your listing, warn other Users of your actions, forthwith
temporarily/indefinitely suspend or terminate or block your membership, and/or
refuse to provide you with access to the Website or initiate any legal action
it may deem fit, particularly in the event:
o You breach any of the
provisions of this User Agreement including any of the rules and policies,
documents, terms and conditions made thereunder which are incorporated therein
by reference;
o Any misuse of the
www.mubarkdeals.com Pay Facility
o The Company is unable to
verify or authenticate any information provided by you;
o The Company believes that your
actions may cause legal liability to the Company, other Users or yourself.
No actions, omissions or decisions taken by the
Company shall waive any rights or claims that the Company may have against the
User.
Any User that may have been suspended or blocked
may not register or attempt to register with the Website or use the Website in
any manner whatsoever until such time that such User is reinstated by the
Company. Notwithstanding the above, if you breach the User Agreement or the
rules and policies and other documents incorporated therein by reference, the
Company reserves the right to recover any amounts due and owed by you to the
Company and to take strict legal action including but not limited to referral
to the appropriate police or other authorities for initiating criminal or other
proceedings against me.
Grievance Redressal Mechanism:
In case of any grievance, objection or complaint
on your part with respect to the Website, other Users or the Company, including
any complaints or enquiry about suspension, termination or blocking of your
membership or right to use the Website, you should promptly raise such
grievance or complaint with the designated Grievance Officer at
care@Mubarkdeals.com and provide him with all necessary information and/or
documents to enable the Company/ Grievance Officer to resolve the issue.
The name and contact details of the Grievance
Officer is published on the Website as required under the provisions of the
Information Technology Act, 2000 and the rules made thereunder.
General:
None of the provisions of this User Agreement
shall be deemed to constitute a partnership or agency between you and the
Company and you shall have no authority to bind the Company in any manner
whatsoever.
Except as explicitly stated otherwise, any notices
directed to the Company shall be given by email to customercare@Mubarkdeals.com
and any notices to you by the Company shall be provided to the email address
provided by you during the registration process. Notice shall be deemed given
24 hours after email is sent, unless the sending party is notified that the
email address is invalid. Alternatively, we may give you notice by registered
mail, postage prepaid and return receipt requested, to the address provided to
us during the registration process. In such case, notice shall be deemed given
3 days after the date of mailing.
If any clause of this User Agreement or the
application thereof to any User or circumstance shall be deemed invalid, void
or for any reason unenforceable to any extent, the remainder of this User
Agreement and the application of such unenforceable provision to Users or
circumstances other than those as to which it is held invalid or unenforceable
shall not be affected thereby, and each provision of this User Agreement shall
be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and
policies incorporated herein by reference constitutes the entire understanding
and agreement between You and the Company with respect to the subject matter
herein.
The Company at its sole discretion shall be
entitled to assign or transfer its rights and obligations under this User
Agreement hereunder to any other person without your prior consent provided
that the Company assigns this User Agreement on the same terms or such terms
that are no less favorable to you.
All remedies of the Company under this User
Agreement whether provided herein or conferred by statute, civil law, common
law, custom or trade usage, are cumulative and not alternative and may be
enforced successively or concurrently.
Governing Law:
This User Agreement and all rules, policies and
documents incorporated by reference shall be governed and construed in
accordance with the laws of India and the Courts in Mumbai shall have exclusive
jurisdiction.
This document is an electronic record in terms of
Information Technology Act, 2000 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.