TERMS AND CONDITIONS FOR WEBSITE
This document is published in accordance with the provisions of Electronic Transactions Act 2000 and Data Protection Act 2004 and as per laws of Mauritius.
The domain name www.mycart.mu (hereinafter referred to as "Website") is sole and exclusive property of MY CART CO LTD, is a company registered as per Mauritian Law having registered office at 9 Odette Ernest Street, Port Louis, Mauritius
ONLINE MARKET PLACE PLATFORM
MY CART CO LTD is an intermediary and offers an online market place platform through this website www.mycart.mu. The website www.mycart.mu is an online market place platform designed in a manner to connect the third party vendors and the users. The online market place platform provides access to the various categories of product offered by the third party vendors and facilitates services like logistic services etc.
You hereby understand, acknowledge and accept that the online market place platformwww.mycart.mu is only a mere facilitator
TERMS OF ONLINE MARKET PLACE PLATFORM
You understand, agree and acknowledge that the online market place platform will feature various third party vendors intending to showcase, sell their products. The Website shall however, take no responsibility in any manner for the content, products, descriptions, invoices generated and uploaded by the third party vendors.
The third party vendor are independent professionals, and MY CART CO LTD, Website shallhave no responsibility, liability in whatsoever manner.
1. The online platform www.mycart.mu is only a mere facilitator of information, content, images, products offered, provided, uploaded by the third party vendors
2.All content, information, images, products shared and uploaded by the third party vendors are only displayed on the online platform www.mycart.mu
3. The online platform www.mycart.mu shall not endorse or advise or involve in whatsoever manner in such content, descriptions products offered and uploaded by any third party including but not limited to any warranties
4. The online platform www.mycart.mu shall not in whatsoever manner resolve or mediate any dispute or disagreement between the third party vendors and their customers
5. The online platform www.mycart.mu shall not make any representation to the content, information, images, products offered and uploaded by any third party vendor on the Website.
6. You understand, acknowledge and accept that the online platform provided through the Website www.mycart.mu shall not held liable in whatsoever manner for any but not limited to actions, commissions, misconduct, fraud or negligence of any third party vendor
THIRD PARTY VENDORS
You understand, agree and acknowledge that the online market place platform shall consist of independent THIRD PARTY VENDORS and www.mycart.mu shall however, take no responsibility in any manner for any acts, omissions, acts of such THIRD PARTY VENDORS, USERS.
The THIRD PARTY VENDORS, USERS are independent professionals, and MY CART CO LTD www.mycart.mu shallhave no responsibility in whatsoever manner.
Use of the Site/Website is available only to persons who can form legally binding contracts under the Mauritian Law. Persons who are "incompetent to contract" within the meaning of the Mauritian Law including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the www.mycart.mu and shall not transact or use 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. www.mycart.mu reserves the right to terminate your Registration and / or refuse to provide you with access to the Website if it is brought to www.mycart.mu ‘s notice or if it is discovered that you are under the age of 18 years.
Registration on the Website is free for users. www.mycart.mu does not charge any fee for browsing the Website. In particular, www.mycart.mu 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 www.mycart.mu 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 Mauritius Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to www.mycart.mu
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:- You hereby agree not to use the online networking platform by way of www.mycart.mu to
(a) harass or advocate harassment of another person;
(b) involve the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";
(c) promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(d) infringe 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];
(e) promote 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
(f) provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(g) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(h) contain video, photographs, or images of another person (with a minor or an adult).
(i) gain or attempt 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;
(j) engage in pyramid advertising etc.
(k) solicit gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
(l) interfere with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
(m) harm minors in any way;
(n) infringe upon any intellectual property by way of any patent, trademark, copyright or other proprietary rights or trade secrets of any user, third party whether individual and/ entity
(o) violate any law for the time being in force;
(p) introduce or attempt to introduce any computer contaminant including but not limited to 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;
(q) mislead, upload any information, content, image prohibited or restricted in manner under the provisions of any law, rule, regulation being in force
(r) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
PROHIBITED USE OF WEBSITE
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) aboutus or the brand name or domain name used by us including the terms www.mycart.mu or otherwise engage in any conduct or action that might tarnish the image or reputation, of, www.mycart.mu Wedicons or otherwise tarnish or dilute any, www.mycart.mu’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 www.mycart.mu‘s systems or networks, or any systems or networks connected to www.mycart.mu.
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.
8. You shall at all times ensure full compliance with the applicable provisions of the Electronic Transactions Act 2000 and Data Protection Act 2004 and as per laws of Mauritius.
9. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website.
11.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.
13. 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. We do 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.
14. www.mycart.mu 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
No part of the Website and including content etc. shall 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 www.mycart.mu’s express prior written consent.
The Information provided by any user including images, content taken from internet shall be referred to as third party content and shall remain the intellectual property of the respective third party including individuals and/ entities and all information provided by you and/ any THIRD PARTY VENDOR, USER shall remain your Intellectual Property and/ or the intellectual property of the such THIRD PARTY VENDOR, USER. You herein understand that we use such information for display purposes only. The images of non branded Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately of the Products. Your Products may vary slightly from those images.
You may use information 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.
LEGAL ACTION AGAINST THE THIRD PARTY VENDOR, USER
In the event of any criminal act committed by any THIRD PARTY VENDOR, USERS, You may take direct action against such THIRD PARTY VENDOR, USERS as per the law being in force and in such cases www.mycart.mu), MY CART CO LTD shall also be informed about the same,
In the occurrence of the any such event mentioned above, You shall not make MY CART CO LTD, www.mycart.mu a party to such offence, as the user committing such act is individually and severally liable for any legal action whatsoever
You herein agree that the providing all the details including information is purely voluntarily and in no event shall the platform www.mycart.mu, MY CART CO LTD be liable, responsible in whatsoever manner
LIABILITY DUE TO INTERNET CONNECTIVITY & NETWORK ISSUES
The platform, Website www.mycart.mu, MY CART CO LTD shall hold no responsibility, liability for any actions, acts including but not limited to errors, transmission, activities and issues arising out of internet connectivity and any other network related issues.
USER REVIEW POLICY
While we encourage you to share your views and opinions on the website www.mycart.mu, we expect that this will be done in a respectful manner. This policy is applicable to posts, comments and reviews posted by You on and/or using website
www.mycart.mu, Wedicons does not agree with or endorse every comment that individuals post on the website. When making moderation decisions, we will take these guidelines, as well as the context in which comments are made, into account
We share this information in an effort to be transparent about our moderation process and why certain comments may be removed. Kindly read these terms/ guidelines while making any posts, comments, reviews on the website www.mycart.mu
You specifically agree not to post or transmit any comments, reviews, posts, content or engage in any activity that: -
1. Violate our Terms and Policies;
2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable
3. Violate any right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
4. Disguising or attempting to disguise the origin of your comment, review, posts, content including but not limited to by submitting your comments, posts, reviews, content under a fake or false name
5. Constitutes a knowingly erroneous or unethical review
6.Causes, or is a result of, a conflict of interest;
7. Is commercial in nature, including but not limited to posts, comments, reviews submitted in exchange for payment,
8. Contains material that is not in English, French and Mauritian Creole
9. Accesses or uses the account of another user without permission;
10. We reserve the right to remove any comment, review, posts, content that might be found extremely offensive or threatening.
11. Please don't exaggerate, falsely state, misrepresent your experience and watch your language.
12. This also includes but not is limited to derogatory comments or indication of a personal vendetta against www.mycart.mu, MY CART CO LTDand its affiliates.
All links posted as comments on www.mycart.mu‘s posts will be reviewed and may be deleted if found violating these guidelines. Repeated violations of this policy may cause the author to be blocked from our website.
Any Comment, Review, Posts, Content uploaded by you on any social media, shall be subject to relevant laws of India and may be disabled, or and may be subject to investigation under all applicable laws.
www.mycart.mu shall have the right to immediately block your access, usage and www.mycart.mu shall have the right to remove any non-compliant comment, post, review, content forthwith, uploaded and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.
1.You shall be obliged to provide accurate information and other details to us
2.You shall also adhere to the minimum age requirement i.e. 18 years as defined by the law of the land
3.You shall read all the policies, terms mentioned in the website
4.You shall not copy or use the information contained in the website
5.You shall ensure compliance to the User Review policy contained herein
6.You shall be responsible for all orders placed by you on the website
7.You shall be responsible for all and acts arising out of your account
8.You shall be responsible for all reviews, comments, posts made by you on the Website
The online networking platform, Website www.mycart.mu, all the services, included on or otherwise made available to You through this Website www.mycart.mu 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, the Website does not warrant that: -
i.The online marketplace platform, Website www.mycart.mu does not warrant that this site; information, Content, materials, images (including software) or services included on or otherwise made available to You through the Website www.mycart.mu; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Websitewww.mycart.mu constitutes, or is meant to constitute, advice of any kind.
We disclaim any risks, damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL, PUNITIVE, VICARIOUS DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF THE WEBSITE including but not limited to playing and/ participating in any Challenge games made available on the Website
OFFERS AND PROMOS
All information regarding any offers and promos including but not limited to offer terms, coupons, promos, redemption, eligibility, expiry etc. shall be provided in the respective offers and promos. These terms may differ from one offer to other. MY CART CO LTD and website www.mycart.mu shall not be responsible in whatsoever manner for any offers and promos. The website is only a displaying platform for this purpose.
APPLICABLE LAW / JURISDICTION
www.mycart.mu does not warrant that description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. The products offered through the online market place platform are in compliance with the Mauritius laws, legislations and standards.
WARRANTIES & LIABILITY
www.mycart.mu may include inaccuracies and typographical errors. Changes and improvements are periodically made to the site and the information therein. We do not warrant or assume any legal liability or responsibility for the completeness, or usefulness of any information. Information received via this website should not be relied upon for personal, legal or financial decisions. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
www.mycart.mudoes not take responsibility or liability for the actions, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, Website may provide links to the third party websites. However, MY CART CO LTD, www.mycart.mu shall hold no responsibility, liability in this regard.
You will be required to enter a valid name, phone number, email id while availing any of the services mentioned on the Website. By registering your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any updates.
THIRD PARTY VENDOR/ MANUFACTURER WARRANTY
The products sold herein or made available for sale herein may be subject to guarantee by the Third Party Vendor / Manufacturer selling such products or offering for sale any products through the online marketplace platform. However, the scope and duration of warranty may differ from product to product. In no event shall MY CART CO LTD, the online market place platform www.mycart.mu hold any liability, responsibility in whatsoever manner in this regard.
We herein reserve the right to change the prices of any products at any time, prior to the confirmation of your order. All the prices mentioned are inclusive of the all applicable taxes on your purchase. However, in the event of any delivery charges applicable for your order, the same shall be added to the total pricing payable by you at the time of checkout.
Although we try to ensure all information on the website is correct, there may occasionally be mistakes. We cannot be held responsible for website errors if they are genuine mistakes. We reserve the right to decline an order that is based on inaccurate information by either party.
The online market place platform provides a third party payment gateway for facilitating all payments on the website www.mycart.mu. In such an event, the terms of such payment gateway shall also be applicable. The online market place platform also provides an option of COD (Cash on Delivery) and Bank Transfer for all and any products and orders through the website www.mycart.mu. In such cases, the following terms shall be applicable, in addition to the terms and policies set forth herein
·You shall have option to select a payment option
·In the event of Cash on Delivery, You will need to enter captcha code
In addition, the online market place platform also offers credit and installment facility for some purchases made through the website www.mycart.mu. In such an event, You will be able to see the installment amount and duration of such installments. However, in order to avail such credit and installment facility, you shall be required to click the apply button and shall be needed to fill a form which is made available therein. In the event, You have logged in, then your name, email id, phone no. shall be prefilled and
non-editable. However, in case You have not logged in, then You will be required to log in / register in order to fill the form. On filling the captcha and you will be required to click on submit button and thereafter, you will receive a thank you message in pop-up.
All products purchased or ordered through the Website www.mycart.mu shall be shipped as per the shipping time and shall be specifically mentioned for each product which shall be mentioned on the Website.
The shipping charges are free, however, in case of returns due to the buyers’ fault, we will charge additional charges of Rs 200.00 to the buyer. Such additional charges shall be intimated to You and You shall be responsible for payment of such additional charges
All the products purchased or ordered through the Website shall be shipped based on the pin-code and location entered by You while completing the purchase or order. We do delivery with in 1 to 3 working days but it may delay depends on the availability of product.
However, in case of Shipping by the Third Party Vendor, then the shipping details including but not limited to the estimated time of delivery, shipping, notifications etc. shall be provided by such Third Party Vendor. In such events, MY CART CO LTD, website www.mycart.mu shall not be liable, responsible in whatsoever manner.
NOTIFICATION OF SHIPMENT
In case an order is placed through the website www.mycart.mu, we shall send information to You through email, phone call and SMS (email id, mobile no provided by You during checkout or registration) notifying the details of Shipment regarding your order.
In the event of returning any product purchased through the website www.mycart.mu, the adherence of the following terms is mandated.
·You can return a product within 7 days from the date of your purchase
·All products returned shall be kept in the same condition as you received it
·All products shall be kept in the original packaging
·The receipt (bill) of such product shall be also kept intact
·The Product shall not be soiled
·In case the Product has any warranties, cables, chargers and other accessories given with the Product shall be kept in tact
In the event of non-adherence to these terms and in case the product be opened or used by You, no return shall be acceptable.
However, return of following products shall be not acceptable.
·If the Product has been used by the You
·If the Product seal has been tampered
·If the Product has damaged in whatsoever manner
·If the Product is sold during any Promotion / Offer
·If the price tags, labels have been tampered and/ Missing
In the following cases, the return of products is accepted
·In the event, the Product is defective
·In the event, the Product is damaged
·In case of Order Mismatch
·In case of missing products
·In case of incorrect quantity
You may cancel the order(s) placed through the Website www.mycart.mu before such order has been shipped. However, in case Your order has been shipped, but the order has not been delivered to You yet, then you may have the option to cancel Your order. In the event of Your order being delivered to You, no cancellation shall be possible.
However, in certain cases, cancellation of Your orders may attract payment of a cancellation fee and the same shall be indicated and mentioned for such specific products on the Website www.mycart.mu. In some events, you can cancel your orders without any cancellation fee for reasons including but not limited to any damaged products, order mismatch, wrong products, wrong product quantity, packaging issues etc. In case you wish to cancel your order, then you may cancel the same by placing a cancellation request and stating a reason for such cancellation. We shall process your cancellation request and shall refund the amount paid by You towards such order. However, such refund shall be in accordance with our terms and conditions.
In no event shall cancellation be permissible after delivery of Your order. You hereby agree that neither the website www.mycart.mu nor MY CART CO LTD shall not hold any responsibility, liability for any cancellation related issues. No refund shall be initiated for orders cancelled after delivery as cancellation after delivery is not acceptable.