Terms & Conditions - MUMBAI 96

LAST REVISION: [20-07-2024]

This document is an electronic record in terms of the Information Technology Act, 2000, and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the platform - www.mumbai96.com (hereinafter referred to as the Website).

These Terms and Conditions[“T&C”] governs your use of this website, [www.mumbai96.com] (the “Website") offer of products for display/connect/business promotion/purchase on this Website. This T&C, and incorporates by this reference, the policies and guidelines referenced below. MUMBAI 96 (hereinafter referred to as MUMBAI 96) reserves the right to change or revise the terms and conditions of this website at any time by posting any changes or a revised T&C on this Website. MUMBAI 96 will alert you that changes or revisions have been made by indicating on the top of this T&C page the date it was last revised.

The changed or revised T&C will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised T&C will constitute your acceptance of any such changes or revisions. MUMBAI 96 encourages you to review this T&C whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This T&C does not alter in any way the terms or conditions of any other written T&C you have with MUMBAI 96 for other products or services. If you do not agree to this T&C (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this T&C, please click the print button on your browser toolbar.

Your use of the Website and listed Business Products/Services and tools are governed by the following terms and conditions (Terms and Conditions) as applicable, including the applicable policies including the privacy policy and Terms of Use available on the Website. By mere use of the Website, You shall be contracting with MUMBAI 96 (hereinafter referred to as "Platform”), the owner of the Website. These terms and conditions including the policies constitute your binding obligations, with MUMBAI 96.

For 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/customer/business partner on Platform by providing data while registering on the Website as a Registered User. The term MUMBAI 96, We, Us, Our shall mean MUMBAI 96 and its affiliates. The term Third Party shall mean MUMBAI 96 allies, business owners using the Website and client firms. The term Partners shall mean business associates who enter into a contract (hereinafter referred to as the “contract”) with the Platform.

MUMBAI 96 is an online Website that links businesses to customers focused around the city of Mumbai which includes regions located in the Western line in the region between Churchgate to Virar and Central Line CST to Mulund where our services are available, unless explicitly notified on our Website by us on a change in the region of operation.

MUMBAI 96 showcases Products/Services Listings of Specified Businesses located in Mumbai, and in the future will enlist certain third-party products/services (hereinafter referred to as the "Products"). By placing an order for Products/Services through the medium of this Website, you agree to the terms set forth on this page.

MUMBAI 96 helps customers find and buy products/services listed by the Businesses on the Website ranging from, but not limited to retail, education, realty, legal, employment, wellness, emergency. Although these services are brought to the user on the Website which is acting as a Platform after a thorough check on their quality, MUMBAI 96 is not responsible for damage or deterioration of the end product or service. We request all our users/customers to check the product/service thoroughly before agreeing to buy the said product/service from the Listed business on our website www.mumbai96.com.

MUMBAI 96 is continuously working with its partners to ensure that the prices mentioned/listed for all products and services are reasonable and competitive. However, MUMBAI 96 is not accountable for the final price of the product as determined by the seller/partner on our Website to the user.

MUMBAI 96 is a Website open to business transactions on products/services that are legally saleable as per Indian laws. We ensure all our customers that Business providers are registered on our Website before we provide them any deal/offer details on our Website. MUMBAI 96 encourages all its users to use the Website for all official business dealings. MUMBAI 96 does not support sharing/selling of personal details between users themselves. We ask user details as per the MUMBAI 96 privacy policy.

Users meeting in private and exchanging private information without any prior knowledge to MUMBAI 96 will do so at their own risk and in that case, MUMBAI 96 or any of its partners will not be responsible for the loss of data or damage (monetary or otherwise).

As a reminder MUMBAI 96 is an online platform for Business owners to promote their products/services and increase customer outreach. MUMBAI 96 does not allow any multi-level marketing scheme on the Website.

MUMBAI 96 does a thorough check of all businesses and the product/services they offer on our Website. MUMBAI 96 does not allow the sale of fake goods, smuggled goods, intoxicating substances, contraband, weapons, any product or service that causes physical, mental or moral issues/setbacks/problems in individuals/society at large. Selling such goods and services is a legal offense and attracts punishment by the law.

MUMBAI 96 asks for end-user feedback regularly to assess the quality of products/services offered on our Website. If MUMBAI 96 finds the quality not up to the mark, MUMBAI 96 holds all the rights to end the partnership with the brand/service provider.

To ensure credibility and exclusive outreach for our partners, MUMBAI 96 enters into a contract (hereinafter referred to as the “Contract”) period for 1 year with each of its partners. The amount paid by the partner for entering into the contract is discussed beforehand and is not refundable under any circumstance. MUMBAI 96 holds the right to cancel the contract without prior notification if any of the Businesses are not following the Indian Law guidelines on selling Prohibited Products/Services.

User Solicitation: Unless you notify our third-party call center reps or direct MUMBAI 96 sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from MUMBAI 96 and its designated in-house or third-party call team(s).

Opt-Out Procedure: We provide easy ways to opt out of future solicitations. 1. You may use the unsubscribe link found in any email solicitation that you may receive. 2. You may also choose to opt-out, via sending your email address to: [email protected]

Proprietary Rights: MUMBAI 96 and its partners have proprietary rights and trade secrets in the Products/Services. You may not copy, reproduce, resell or redistribute any Product displayed on the Website and/or distributed by MUMBAI 96. MUMBAI 96 also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.

Website
The Website includes Content; Intellectual Property; Third Party Links, Products available; the Website also offers information and marketing materials. MUMBAI 96 may not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that MUMBAI 96 does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a service on request to you. MUMBAI 96 is only a connecting Website and as such, is not responsible for the content or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website: MUMBAI 96 is not responsible for any damages resulting from the use of this Website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.

Refunds for Businesses: MUMBAI 96 is taking service fees from the businesses to list, promote, market and make visible their business online & offline. And these service fess are under 1 year contract and are non-refundable.

Refunds for Customers: MUMBAI 96 is not selling products or services to the customers directly, MUMBAI 96 is only the listing platform on where we verify the business and list it. We are not responsible for any refunds to customers for their purchases of Products/Services from the listed client on MUMBAI 96 platform.

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from MUMBAI 96 or the applicable third party (if third-party content is at issue).

Posting: By posting, storing, or transmitting any content on the Website, you hereby grant MUMBAI 96 a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and assign such content in any form, in all media now or hereinafter created, anywhere in the world. MUMBAI 96 does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. MUMBAI 96 is not liable for any damage or harm resulting from any posts by or interactions between users. MUMBAI 96 reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content MUMBAI 96 deems objectionable.

DISCLAIMERS OF WARRANTIES

Your use of this Website and products/services offered by the listed Businesses are offered on an "as-is" and "as available" basis. MUMBAI 96 expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the products or Website content, or any reliance upon or use of the Website content or products.
Without limiting the generality of the foregoing, MUMBAI 96 makes no warranty:
- that the information provided on this Website is accurate, reliable, complete, or timely.
- that the links to third-party websites are to information that is accurate, reliable, complete, or timely.
- no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein.
- as to the results that may be obtained from the use of the products or that defects in products will be corrected.
- regarding any products purchased or obtained through the Website.

LIMITATION OF LIABILITY

MUMBAI 96's entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and products and/or for any breach of this T&C is solely limited to the amount you paid, less shipping and handling, for products purchased via the Website.

MUMBAI 96 will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this T&C or the products in any manner, including liabilities resulting from:
- the use or the inability to use the Website content or products;
- the cost of procuring substitute products or content;
- any products purchased or obtained or transactions entered into through the Website; or
- any lost profits you allege.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless MUMBAI 96, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:
- this T&C or the breach of your warranties, representations, and obligations under this T&C;
- the Website content or your use of the Website content;
- the products/services or your use of the products/services (including Trial Products);
- any intellectual property or other proprietary right of any person or entity;
- your violation of any provision of this T&C; or
- any information or data you supplied to MUMBAI 96.

When MUMBAI 96 is threatened with suit or sued by a third party, MUMBAI 96 may seek written assurances from you concerning your promise to indemnify MUMBAI 96; your failure to provide such assurances may be considered by MUMBAI 96 to be a material breach of this T&C. MUMBAI 96 will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or products, with counsel of MUMBAI 96's choice at its expense. MUMBAI 96 will reasonably cooperate in any defense by you of a third-party claim at your request and expense.

PRIVACY

MUMBAI 96 believes strongly in protecting user privacy and providing you with notice of the use of data. Please refer to MUMBAI 96’s privacy policy, incorporated by reference herein, that is posted on the Website.

T&C TO BE BOUND

By using this Website or ordering products, you acknowledge that you have read and agree to be bound by all terms and conditions on this Website.

GENERAL

Force Majeure: MUMBAI 96 will not be deemed in breach of its terms of service or liable for any breach of these terms of service or its privacy policy due to any event or occurrence beyond its reasonable control, including but not limited to, acts of God, terrorism, war, invasion, failure of any public utility, strikes or other labor disturbances, natural disasters, earthquakes, storms, floods, fires, explosions, or any other unforeseen and uncontrollable event.

Governing Law: This Website originates from the [Mumbai, Maharashtra]. This T&C will be governed by the laws of the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor MUMBAI 96 will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this T&C, to recover damages for breach of or default of this T&C, or otherwise arising under or by reason of this T&C, other than in courts located in State of Maharashtra. By using this Website or ordering products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this T&C. You hereby waive any right to trial by jury arising out of this T&C and any related documents.

Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or products or this T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Termination: MUMBAI 96 reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions. Following termination, you will not be permitted to use the Website and MUMBAI 96 may, in its sole discretion and without advance notice to you, cancel any outstanding orders for products. If your access to the Website is terminated, MUMBAI 96 reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This T&C will survive indefinitely unless and until MUMBAI 96 chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use: MUMBAI 96 makes no representation that the Website or products/services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment: You may not assign your rights and obligations under this T&C to anyone. MUMBAI 96 may assign its rights and obligations under this T&C in its sole discretion and without advance notice to you.