This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.mytymall.com (here in after referred to as "Website") is owned by Otrik Private Limited a company incorporated under the Companies Act, Mytymall.com,SAI AANGAN, Matrix Homes, Plot No.18/126 Flat No 502 ,5th floor,Street No1, Patrika Nagar, Madhapur, Hyderabad, Telangana 500081 Email: [email protected], India (here in after referred to as "mytymall").
The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
Mytymall reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
User Account, Password and Security:
You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
Registered users: mytymall makes certain sections of the services available to you through the website only if you have provided mytymall certain required User information and created an account and a mytymall ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (mytymall ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to
(a) Immediately notify mytymall of any unauthorized use of Your Account Information or any other breach of security, and
(b) Ensure that you exit from Your Account at the end of each session. Mytymall cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by mytymall or any other user of or visitor to the website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential. You shall ensure that the Account Information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or mytymall has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, mytymall has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
Guest users: The Website also allows limited access to the Services for unregistered Users (also called as ‘guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
Platform for communication:
The Website is only a venue where Users may meet and interact with one another for their transactions. Mytymall.com is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently: All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods and services. Mytymall does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Mytymall is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Mytymall cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Mytymall shall not and is not required to mediate or resolve any dispute or disagreement between Users. Mytymall does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, mytymall does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Mytymall accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Mytymall 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 to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. Mytymall does not at any point of time during any transaction between buyer and seller on Website come into or takes of any of the goods or services offered by seller nor do it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer. Mytymall may provide fulfillment and logistics services to certain merchants/sellers but still does not take possession or title of any product service sold. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Mytymall is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services 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 mytymall nor shall mytymall have any obligations or liabilities in respect of such contract. Mytymall is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All item sari offered only for a restricted time and only for that available supply. At no time shall any right, title or interest over the items vest with mytymall nor shall mytymall have any obligations or liabilities in respect of such contract. Mytymall is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for are strict time and only for the available supply as offered by sellers. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with. .
You release and indemnify mytymall and/or any of its shareholders, directors, officers, employees 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. Notwithstanding its reasonable efforts in that behalf, mytymall cannot control the information provided by other Users which is made available on the Website. 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.
Disclaimer: You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
Mytymall.com uses third party payment providers to receive payments from buyers on seller's behalf. mytymall.com is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. mytymall.com takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, mytymall.com does not release the payment to sellers until the order has been received by Buyers and they are satisfied with it. mytymall.com shall only make payments to the sellers after 4 weeks have expired from the time payment has been received from the buyer to us. The Seller payment is typically net of the service fee charged by mytymall.com for its services and after deduction of applicable withholding taxes (if any).
Use of the Website:
You understand and agree that mytymall and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Mytymall neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Mytymall has no control over the third party user generated contents and does not provide any guarantee with respect to any such content and Mytymall shall not be held liable for any loss suffered by you based on your reliance on or use of such data/content. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
“Your Information” is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User), buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
Your Information (or any items listed):
(a).belongs to another person and to which You do not have any right;
(b). 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;
(c).harm minors in any way;
(d). 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;
(e).involves the transmission of "junk mail" , "chain letters" or unsolicited mass mailing or "spamming";
(f).violates any law for the time being in force;
(g). deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h).impersonate another person;
(i). 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, cancel bots, ester 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;
(j). threatens the unity, integrity, defense, 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.
(k).Shall not is false, inaccurate or misleading;
(l). 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. Without prejudice to the generality of the above, mytymall.com does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy which can be accessed at http://mytymall.com /policies-and-rules.html shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(m). shall not link directly or indirectly to or include descriptions of items, goods or services that are 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;
All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the seller.
By purchasing on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.
Mytymall strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Mytymall.
Please note that in the event any inaccurate information is provided by you regarding your identity, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller after the transaction is closed.
In case of purchase of an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same, you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
Fulfillments and Shipping:
Mytymall from time to time may offer certain fulfillment services to sellers; however, sellers remain responsible for the overall shipping quality, delivery, and cost of shipping. Mytymall may provide pick-up, storage, and delivery services to sellers but all of these services are provided as contract or outsourced services on behalf of merchants. At no time Mytymall takes title or ownership of any product or inventory.
Estimated delivery time:
Sellers generally procure and ship the items within the time specified on the product page. Business days exclude public holidays and Sundays.
Estimated delivery time depends on the following factors:
• The Seller offering the product
• Product's availability with the Seller
• The destination to which you want the order shipped to and location of the Seller.
Buyer Protection at mytymall.com:
All the merchants selling at mytymall are well screened by our team before they are brought on board. Mytymall endeavors to ensure that the products you buy from our Website are genuine, authentic, products and are sold by well reputed and honorable merchants at the best prices possible. We also extend all the warranties, guarantees as entailed in the product by the seller to you, all this at a great price and with the best customer service in the industry. It is however clarified that the mytymall seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinely and authenticity of the products and/or the seller, for which the seller shall be solely responsible and liable.
If Mytymall has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Mytymall may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
Mytymall reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Mytymall may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program. Any people who, knowingly and with intent to injure, defrauds or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
As a registered member, you may list item/s for sale/advertising on the Website in accordance with the Listing Policies more fully detailed at Mytymall.com Rules and Policies http://mytymall.com /policies-and-rules.html which Policy is incorporated by way of reference in this Agreement.
You represent that you are legally allowed to sell/advertise the item(s) you list for sale/advertising on Mytymall.com You further agree to ensure that the products sold/advertised by you through Mytymall.com are genuine and are not counterfeit or stolen items. You further agree to ensure that the items/products listed by you on Mytymall.com do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties.
You acknowledge and understand that "Listings" may include text descriptions, graphics and pictures that describe your item for sale. You shall be deemed to be infringing the intellectual property rights of a third party if you are (i) affixing a registered trademark (or an identical or similar trademark likely to confuse the public to have an association with the registered trademark) of such third party to your goods or its packaging; (ii) offering or putting for sale or stocking the goods under the said trademark; or (iii) using the said trademark in advertising your product.
You acknowledge that if any genuine claim is received by Mytymall from any person through the Report Abuse section of mytymall.com (terms of which are incorporated herein by reference), mytymall may in its sole discretion block your merchant/user account and/or remove the products listed by you on mytymall.com , without any prior notice to you. mytymall would however provide you a post facto intimation regarding the same. You agree that you shall have no claim whatsoever against mytymall in this regard and the decision of mytymall, as aforesaid shall be binding on you.
You further agree to ensure that the listing description of the item must not be misleading and must describe actual condition of the product. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. If the item description does not match the actual condition of the item, you agree to replace the product delivered to the buyer with the correct product and/or refund any amounts that you may have received from the buyer within 10 days of receipt of intimation from us in this regard. You agree not to list a single product in multiple quantities across various categories on the site. Mytymall.com reserves the right to delete such multiple listings of the same product listed by you in various categories.
We encourage registered buyers on the Website to provide feedback to sellers after the transaction has been closed; this helps other Users to know the performance level of the said merchant/seller. Please remember that you cannot retract the feedback once you have provided it. Further you agree that the feedback you provide to the Website shall be deemed to be non- confidential and will be displayed along with your user ID. Mytymall.com will not be responsible for the feedback that you post on the Website and you should be careful in making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents, for which you shall alone be liable.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, mytymall.com reserves the right to suspend your membership, and you will be unable to list, buy or bid on the website. You agree that your feedback shall not contain confidential or proprietary information of you or of third parties.
Export-As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website.
Import- We do not provide the technical ability to allow you to import feedback from other websites to Mytymall.com because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Mytymall.com and its suppliers, affiliates and service providers provide the Website and services "as is" 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. You expressly agree that your use of the Website is at your own risk.
Limitation of Liability:
In no event shall mytymall.com or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).
Mytymall com's liability in any circumstance is limited to the amount of fees, if any, paid by you to Mytymall.com. Mytymall.com , 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 will be error free and/or uninterrupted. Consequently, mytymall.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
(b) Any interruption or errors in the operation of the Website.
You agree to indemnify and hold harmless mytymall.com and (as applicable) mytymall.com 's parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by mytymall.com , made by any third party arising out of your breach or non-performance of terms of the User Agreement, mytymall.com Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
Buyer's arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Trademark, Copyright and Restriction:
This site is controlled and operated by mytymall.com and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Mytymall.com we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability:
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Mytymall.com and you shall have no authority to bind Mytymall.com in any manner whatsoever.
Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Mytymall.com to Oxtrik Private Limited Attn: Legal Department, at mytymall corporate office situated at Mytymall.com,SAI AANGAN, Matrix Homes, Plot No.18/126 Flat No 502 ,5th floor,Street No1, Patrika Nagar, Madhapur, Hyderabad, Telangana 500081. Email: [email protected],Hyderabad - 500-081, India or to the email address you provide to us during the registration process (in your case). 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 certified 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.
Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and mytymall.com with respect to the subject matter hereof.
Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Mytymall.com may transfer its rights and obligations (also known as "assign") under this Agreement without your prior express consent, provided that Mytymall.com assigns the Agreement on the same terms or terms that are no less advantageous to you.
Generally, transactions are conducted smoothly on Mytymall.com. However there may be some cases where both the Buyers and Sellers may face issues. At mytymall.com, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a buyer raises a dispute, the seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' resolved?
Whenever there is a disagreement relating to any transaction, the users can write to [email protected] in order to raise a dispute. Once a dispute is raised by either party, mytymall.com shall try to mediate and the resolve the matter amicably.
Grievance Officer In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are published herewith:
Mytymall.com,SAI AANGAN, Matrix Homes, Plot No.18/126 Flat No 502 ,5th floor,Street No1, Patrika Nagar, Madhapur, Hyderabad, Telangana 500081. Email: [email protected]
If any dispute arises between you and mytymall.com during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by mytymall.com. The place of arbitration shall be Hyderabad, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between you and Mytymall shall be subject to the exclusive jurisdiction of courts at Hyderabad, India.