By accessing or using the Services, you agree to the binding Terms and Conditions. Please read them carefully. These Terms and Conditions constitute a binding agreement between you and our company. You should stop all use of the Services and stop using them immediately if you do not agree with each of the terms and conditions of this Agreement.
1. Acceptance of Terms User representations: You agree that any time you enter the Services, you are able to enter into these Terms of Service and agree to be bound by them. If you are entering the Services on behalf of an organization, you represent and warrant you have authority to bind that organization to these Terms of Service The Terms and the Conditions are somewhat obligatory and binding, and your access, or use, of the Services, would mean your acceptance of the same. You should read the Terms and Conditions carefully. The Terms and Conditions shall be an agreement binding you to the Company, and governed in terms and conditions by the laws of India including, but not limited to, the Consumer
Protection Act, 2019 and the Information Technology Act, 2000. If you disagree with each and every term and condition of this Agreement, you need to stop using the Services immediately
2. Description of Services
The users shall be able to view the offerings from the Vendors, order, and schedule for delivery through our Services. We shall act as an intermediary platform and shall never be considered to be the seller or supplier of the goods and/or food being offered by the Vendors. The ultimate sale-and-purchase transaction is conducted directly between the user and the relevant Vendor.
3. User Accounts
3.1 Creation of Account: So that certain features of our Services may be accessed, you have to create a user account. You agree that during registration, you provide accurate, current, and complete information and must keep this information accurate, current, and complete thereafter.
3.2 Account Security: You are solely responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately if you become aware of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to comply with this provision. 3.3 Account Termination: The Company has the right to suspend or terminate your account at any time, with or without prior notice, for any breach whatsoever, including but not limited to a breach of these Terms and Conditions. You have the right to terminate your account anytime, according to instructions available in our Services.
4. Ordering and Delivery
4.1 Order Placement: By placing an order through our Services, you are making an offer to purchase the selected goods or food from the relevant Vendor, subject to the Vendor's availability, pricing, and terms and conditions.
4.2 Order Confirmation: After you place an order with us, we will send you an order confirmation. Your order has not been accepted by the Vendor until this confirmation has been made. The contract for the sale and purchase of goods or food will be formed between you and the Vendor when the Vendor accepts your order and prepares it for delivery.
4.3 Pricing and Payment: Prices for goods and food displayed in our Services are determined by the Vendors and may vary. You agree to pay the total amount specified at the time of your order including the price of the items, delivery fees, taxes and other applicable charges. Payment processing is carried out by independent third-party payment processors, and you must agree to their terms and conditions in order to use our Services. All transactions facilitated by Myca Market are in conformity with the Payment and Settlement Systems Act, 2007. In addition, its guidelines have been based on the Reserve Bank of India (RBI). Our payment gateways are also PCI-DSS-compliant and encrypted.
4.4 Delivery: We will provide the delivery of your order at an address of your choice. Delivery time may vary due to factors such as Vendor preparation time, traffic
conditions, and distance of delivery. We will not be liable for delayed deliveries that are due to any unreasonable factor outside our control.
4.5 Delivery Acceptance: It will be your responsibility to make sure that someone is there to take possession of the delivery at the specified address during the delivery window agreed to. If there is no one present to take delivery, the delivery might be re-scheduled or cancelled, together with additional charges.
4.6 Changes and Cancellations of Orders: Changes or cancellations to orders are subject to the specific policies of the individual Vendors. We will endeavor to fulfill your requests, but cannot guarantee that they will be accommodated. Charges may apply for alterations or cancellations.
4.7 Alcohol and Prohibited Items: The purchasing and delivery of alcoholic beverages and other items restricted by age are subject to applicable law and regulations. In as much as you can order such items, you indicate by such order that you are of legal drinking age or otherwise comply with such age restriction requirements. You may need to show a valid identification when the delivery is made.
5. User Conduct
By using our Services, you agree not to: • Violating applicable laws, bylaws or rights of third parties and regulate. • Use our Services for any unlawful or fraud purposes. • Impersonating person or entity or misrepresentation in any affiliation with any person or entity. • Interfere or understands the operation of any of our Services or the servers and networks connecting alongside our Services. • Attempt unauthorized access to any portion of our Services or any account belonging to another user. • Any viruses, worms, malware or other destructive codes may be transmitted. • Collect or harvest personal identifiable information from other users without their consent. • Continuing to act in such a way as to restrict or inhibit anyone's use or enjoyment of our Services. • Any robot, spider, one's own scraper, or any other automated means, gain admission to these Services without expressed written permission.
• Reverse engineering, decompiling, or disassembling all or part of our Services. • Post or transmit that kind of content which is defamatory, libelous, obscene, offensive, or otherwise objectionable.
6. Intellectual Property Ours include, without limitation, the content and materials made available on our Services, camera, text, graphics, logos, pictures, videos, and software, actually owned by or licensed to Myca Market and duly protected by copyright, trademark, and other intellectual property laws. You will not in any way use, reproduce, and modify, and otherwise distribute or display, in whole or part, our content without prior written approval.
6.1 User Content
Your posting of any review, comment, or other content on our Services gives us a worldwide, nonexclusive, irrevocable, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and publicly display such User Content through any media anywhere in the world. You represent and warrant that you own or have the
necessary rights to grant this license to us, and the User Content does not infringe upon any third- party rights.
7. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICES ARE RENDERED "AS IS" "AS AVAILABLE" WITHOUT WARRANTY OF ACCESSIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR COURSE OF PERFORMANCE, EITHER EXPRESS OR IMPLIED.
NEITHER WE NOR ANY PROVIDERS WARRANT THE SERVICES WILL BE UNINTERRUPTED, WITHOUT ERRORS, SECURE, OR VIRUS-FREE. NOR WE OR ANY PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OF ANY CONTENT MADE AVAILABLE THROUGH OUR SERVICES, INCLUDING BUT NOT LIMITED TO PRODUCT DESCRIPTIONS, PRICING, OR
DELIVERY ESTIMATES GIVEN BY VENDORS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR SERVICES SHALL BE AT YOUR SOLE RISK. ANY LIABILITY WITH RESPECT TO ANY ACTS OR OMISSIONS OF VENDORS OR OTHER THIRD PARTIES IS DISCLAIMED FOR THE QUALITY, SAFETY, OR LEGALITY OF ANY GOODS AND FOOD PRODUCTS INTRODUCED THROUGH OUR SERVICES OR FOR DELIVERY SERVICE PERFORMANCE. 8. Limitation of Liability
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO CASE MYCA MARKET, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO
AND USE OF OUR SERVICES OR THE INABILITY TO ACCESS OR USE OUR SERVICES, OR ANY CONTENT AVAILABLE THROUGH OUR SERVICES, OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF OUR SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICES IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
HOWEVER, NOT ALL JURISDICTIONS ALLOW FOR EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES; THUS, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You indemnify, defend, and hold Myca Market, its affiliates, officers, directors, employees, agents, and licensors harmless from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) related to:
Your use of our service. Your violation of these Terms and Conditions. Your alleged violation of law, regulations, or rights of others. Your User Content. Any transactions entered into with Vendors via our Services. 10. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of [Insert Your Governing Law Jurisdiction] irrespective of its principles of conflict of law.
The only jurisdiction to settle any dispute arising from or connected with this Terms and Conditions and/or the claims related to your use of our Services shall be the courts located at [Insert Your Preferred Court Location]. You agree to the personal jurisdiction of such courts.
11. Entire Agreement
These Terms and Conditions set for the entire agreement between you and Myca Market in respect to your access and use of our Services and shall replace any and all prior or contemporaneous communications, whether in oral or written form, formerly made between you and us.
12. Severability
If any provision of these Terms and Conditions should be held to be invalid, illegal, or unenforceable, the other Terms and Conditions shall remain valid and enforceable. An invalid, illegal, or unenforceable provision shall be diminished or modified only to the extent necessary to make it valid, legal, and enforceable in accordance with the intention of the parties.
13. Waiver
Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision at that time or any time in the future. Any waiver we may make for any provision of these Terms will only be effective if it is in writing and signed by us.
14. Third-Party Beneficiaries
Nothing in these Terms is intended to confer upon any person other than the parties to these Terms any rights or remedies.
15. Assignment
You may not assign or transfer any right or obligation conferred to you under these Terms and Conditions unless with our written consent. However, we reserve the right to assign or transfer, in whole or in part, its rights and obligations under these Terms and Conditions without your consent.
Governing Law and Dispute Resolution
These Terms and Conditions are and will be interpreted in accordance to the laws of India including, but not limited to, the Consumer Protection Act of 2019, Information Technology Act, 2000, and other corresponding e-commerce regulations of Ministry of Consumer Affairs. And the jurisdictional courts over any disputes arising from the Terms and Conditions are indeed limited to [Insert City]exclusive jurisdiction of these courts.
