Privacy Policy
1. PERSONAL INFORMATION:
Mehta Interstate Transport Corporation (MITCO) (hereinafter referred to as the “Owner/Company”) is the licensed owner of the Application MyDreamArt, located at Netaji subhash place, New Delhi and the Mobile Application; Name – MITCO on APP Store (hereinafter referred to as the “App”). The Owner/Company is aware of and respects the privacy of its Customers. Therefore, it is highly recommended that you, the Customers, read and understand these Terms and Conditions before accessing the services provided by the App. It is imperative as by accessing this App, you agree to be bound by the same and also to the collection and use of relevant data relating to you by the Owner/Company in the manner as provided herein below. By accessing the App, you also consent and acknowledge that it establishes a binding Agreement between you and the Owner/Company.
2. SERVICES OVERVIEW
To begin with, as part of the registration process on the App, the Owner/Company may collect the following basic, personally identifiable information about you, the Customer, such as the Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, and information about the pages on the App you visit/access, the links you click on the App, the number of times you access the page and any such browsing information. It is pertinent to clarify herein that the App provides no other service/s other than acting and providing an education and art platform for the Customers to avail the services, at their own risk and cost. Therefore, the Owner/Company shall neither be held responsible or liable for any warranties and/or guarantees offered by the product manufacturer. "Agreement/User Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, Disclaimer and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time. "You"/ "User"/"Customer" shall mean the end user accessing the App, its contents and using the services offered through the App.
3. ELIGIBILITY
The availability of the services of the App is restricted to only select areas. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including un-discharged insolvents etc. are not eligible to use the App. However, if you are a minor i.e. under the age of 18 years but at least 13 years of age, you may use the App only under the supervision of a parent or legal guardian, who has attained the age of 18 years and above, and who agrees to be bound by these Terms of Use. If your age is below 18 years of age, your parents or legal guardians can transact on your behalf, provided they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is specifically and legally prohibited. The Owner/Company, in its sole discretion and without any liability whatsoever, reserves the right to terminate or refuse the registration of any Customer, or refuse to permit use/access to the App, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) the Owner/Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.
4. LICENSE & APP ACCESS
The Owner/Company grants you assent to access and make personal use of the App, but not to download (other than page caching) or modify any of its contents, or any portion of it, except with express prior written consent of the Owner/Company. Such permission does not include/permit any resale or commercial use of the App or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the App or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express prior written consent of the Owner/Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the App or of the Owner/Company and/or its affiliates without the express prior written consent of the Owner/Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Owner/Company. You shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any server, computer, network, or to any of the services offered on or through the App, by hacking, ‘password mining’ or any other illegitimate means. Any such illegal or unauthorized action/omission/use by any of you shall result in termination of the permission granted herein by the Owner/Company to you. 5. ACCOUNT & REGISTRATION OBLIGATIONS All the users of the App have to register and login for accessing the services provided by the App. The account and registration details provided by you should be current and correct for the purpose of participating in Art from the App. By agreeing to the present Terms of Use, the user/Customer/Shopper agrees to receive promotional or transactional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by or by contacting the customer services team of the App and placing a request for the same.
5. CANCELLATION BY APP/CUSTOMER
The Customer can cancel the order at any relevant point in time up to the cut-off time of slot for which the Customer has placed an order i.e. before the order is enroute for delivery. In case of such cancellation/s, refund of the amount already paid by the Customer, if any, shall be processed within 10 days to your account used for the transaction or, immediately credited to your account on the App of equal value. However, the Owner/Company reserves the right to cancel any order placed if it is suspected that a Customer has undertaken a fraudulent transaction and/or the transaction violates or defies any of the clauses of the present Terms and Conditions for using the App. If the Order is cancelled by the Owner/Company due to nonavailability of any product or any other difficulties, refund of the amount already paid for such products shall be processed within 10 days. A negative list of all fraudulent and transactions and non-complying Customers shall be maintained by the Owner/Company and they would be denied access to the App or any orders placed by them shall stand cancelled.
6. RETURN & REFUND
We operate on a "no questions asked return and refund policy". This entitles all our Customers/Users to return the product at the time of delivery if, due to some reason, they are not satisfied with the quality or freshness of the product. This can be used to pay your subsequent bills. The Customer is requested to keep the original packaging of the product to be returned intact along with the tags, if any. Please note that all refunds shall be made in INR (Indian National Rupees) only.
7. YOU MAY NOT USE THE APP FOR ANY OF THE FOLLOWING PURPOSES
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. • Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. • Gaining unauthorized access to other computer systems. • Interfering with any other person's use or enjoyment of the App. • Breaching any applicable laws of the Land; • Interfering or disrupting networks or web Apps connected to the App. • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. .
8. DISCLAIMER
You acknowledge and undertake that you are accessing the services on the App and transacting at your own risk, liability and responsibility and are using your best and prudent judgment before entering into any transactions. The Owner/Company endeavors, to the best of its ability, to display the available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen. • The Owner/Company does not make any representation or warranties in respect of the products available on the App nor does the Owner/Company implicitly or explicitly support or endorse the sale or purchase of any products on the App. The Owner/Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the App or otherwise. • You acknowledge and agree that the Owner/Company shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant third party seller. The Owner/Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.
9. MODIFICATION OF TERMS & CONDITIONS OF SERVICE
The Owner/Company reserves the right to modify, change and/or make necessary additions and deletion to the present Terms and Conditions of Use of the App/App without any prior intimation to the Customers. The Customer can access and keep himself/herself updated of the latest version of the Terms and Conditions available on the App. In the event the updated version of the Terms and Conditions are unacceptable to the Customer, it is advisable that the Customer discontinues using the Service. However, in the event the Customer chooses to continue to use the Service, it shall be deemed that the Customer has agreed to accept the revised/modified Terms and Conditions of Use of the App.
9. GOVERNING LAW & JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings/disputes arising out of the agreement. If any dispute or difference arises either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Owner/Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Delhi/Haryana and the language of the arbitration shall be English. The High Court at Delhi/Chandigarh alone shall have the jurisdiction and the Laws of India shall apply.
10. REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the App on or by this App or otherwise disclosed, submitted or offered in connection with your use of this App (collectively, the "Comments") shall be and remain the property of the Owner/Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Owner/Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Owner/Company exclusively owns all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Owner/Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Owner/Company is and shall be under no obligation: • To maintain any Comments in confidence; • To pay you any compensation for any Comments; or • To respond to any Comments. You agree that any Comments submitted by you to the App will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree and acknowledge that no Comments submitted by you to the App will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Please note all reviews submitted by customers are subject to checks and moderation by our content Team. The Owner/Company reserves the rights to moderate as well as publish/not publish the reviews. The Owner/Company reserves the rights to solicit or withhold reviews and ratings with no liability. The Owner/Company reserves the right to accept, reject, moderate, monitor & edit or remove any comment. You grant the Owner/Company the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify the Owner/Company and its affiliates for all claims resulting from any Comments you submit. The Owner/Company and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
11. TERMINATION
This User Agreement is effective unless and until terminated by either by the Customer or the Owner/Company. You, the Customer, may terminate this User Agreement at any time, provided that you discontinue any further use of this App. The Owner/Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the App. Such termination will be without any liability to the Owner/Company. Upon any termination of the User Agreement by either you or the Owner/Company, you must promptly destroy all materials downloaded or otherwise obtained from this App, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Owner/Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the App or affect any liability that may have arisen under the User Agreement prior to the date of termination.