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TERMS & CONDITIONS (the terms “we”, “us” and “our” refer to My Murti..)
OVERVIEW
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
TERMS
This document is an electronic record in terms of Information Technology Act, 2000 and rules 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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.mymurti.in or www.mymurti.com website.
By using our online platforms “www.mymurti.in or www.mymurti.com” (hereinafter My Murti), you agree:
That you are a competent user who is eligible to enter into the contract as per the Indian Contract Act.
That you are not specifically forbidden under any law of the land to make such transactions on My Murti.
That you are not using anyone else’s login credentials or any other data including user name, email-id, password, financial details etc. without prior legal authorisation.
That the customer is using secured internet connection and a device which is free from any malware or viruses.
That the customer is not using any illegal or unauthorised VPN server or any other technology which is not permissible to use under the law of the land.
That in case we detect any such activity, omission or use of any such technology; My Murti has every right and duty to not only cancel the transaction but also take necessary actions against such customer without prior intimation to the customer.
That while surfing the website and placing the order, it is the sole responsibility of the customer to fill in the correct details and place orders. Once the order has been placed and the transaction stands complete, My Murti shall not be responsible for any wrongly filled information or data. However, the customer can contact the concerned officials of My Murti through the given channel, nevertheless, it shall be the sole discretion of My Murti to entertain such requests of the customer.
That it is the sole responsibility of the customer to provide the correct shipping address. In case, the customer provides wrong/insufficient address and the product gets delivered at the address provided by the customer which later turns out to be the wrong address, My Murti shall not be responsible for any refunds, returns or any other support whatsoever.
That each substance, content, product and pictures utilized on www.mypoojabox.com is property of My Murti.
That you shall not post, replicate, download, transfer, transmit, retransmit, circulate, redistribute, produce, republish, recompile, dismantle or make any adjustment or commercial abuse of any exclusive material made accessible through mymurti.in or mymurti.com.
That My Murti is not a subsidiary with sites that might be connected to My Murti through hypertext and dissuades itself from any mishaps happening due to the acts and omissions of such sites.
That My Murti has no control over and is not in-charge of the substance on any connected site. The connected destinations are for user convenience only and you access at your own risk.
That My Murti only saves and stores the personal contact details of its customers for analytical purposes or any other purposes as stipulated in the foregoing policies. My Murti specifically denies of having access to or storing any financial details (bank account number, card details etc.) of its customers.
That the customer shall solely be responsible for any mishaps while operating this website and shall not held My Murti liable to it or any of its affiliates for any data leak or transactional hazards.
That in case of any dissatisfaction towards the services and/or products of My Murti, the customer shall first approach to the concerned office/officer of mymurti.in to resolve the issue. We are committed to serve our customers in the best possible way and will try to resolve as soon as possible.
That in case of any dispute, it is only the Courts located within the territory of Thane shall have the appropriate jurisdiction to try and decide the matter. It is further specifically stated that no other Courts of the Republic of India, including the Courts of Jammu and Kashmir, shall have the jurisdiction to try and decide the matter except for the Courts located within the territory of Thane.
That you have read and understood these terms and conditions before moving further and placing order at My Murti.
User Agreement
This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use My Murti, including any subdomains, webpages or extension of My Murti.in; you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of My Murti and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of My Murti by accessing or browsing the Website and/or has registered as a member of My Murti by submitting identification information/ registration details using the computer system of My Murti and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.
Warranty and Liability
My Murti does not warrant and shall not be responsible for the damage arising out of the use of the products listed on its site. If a product delivered to you is different than as described on the website, My Murti.in is liable only to change the product. My Murti.in is not responsible for delays arising out of force majeure.
Copyright and Intellectual Property
All information displayed, transmitted or carried on My Murti is protected by copyright and other intellectual property laws. This site is designed, updated and maintained independently by My Murti. You should not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, perform, display or in any way commercially exploit any of the content atMy Murti.
My Murti respects third party Intellectual Property rights and actively supports protection of all third party Intellectual Property including Copyrights and Trademarks (“IP”). It is our policy to expeditiously respond to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity. For all disputes where “My Murti” brand infringements any copyright and trademark, jurisdiction shall lie in the courts of Thane City (Maharashtra, India) only.
Privacy Policy
At My Murti, we respect your privacy as much as you do. We do not share your personal information with others. This information is only used by My Murti and its partners to ensure the fulfilment of the service requested by you. This includes informing you of promotional offers. You can cancel your registration to mark yourself inactive; however the information you provide shall remain archived in My Murti servers.
What Information is collected
We collect anonymous traffic information from you. These include computer identification, IP address, browser etc. These are standard usage logs captured by the web server. The personal identification information that we store is as provided by you during your registration. You can change this information if required from the “My Account” section of the website. This personal information includes name, address, mobile and other information collected during the registration process.
Terms of Use
My Murti reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service. My Murti disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the local courts. My Murti reserves the right to refuse service to anyone at any time. My Murti shall not be responsible for any damage caused by the use of its website.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Amendment: My Murti (Henceforth referred to as “Enterprise”) reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Enterprise believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Enterprise posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Enterprise will provide 30 days’ prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Enterprise. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by My Murti Rules and Policies for Sellers and Buyers as provided from time to time in the following hyperlinks:
My Murti
Policy for Sellers (User)
Policy for Buyers (User)
Capitalized terms used but not defined herein shall have the meaning given to them under the User Agreement.
Seller Registration: A User who wishes to sell items on the Website shall register with the My Murti Facility by providing the requisite information/ data on the My Murti Seller Registration page including details of the seller’s Valid Bank Account (My Murti Seller Registration). The sellers shall provide true, correct and duly authorized data/ information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. The Enterprise has the right to suspend/ terminate the My Murti Seller Registration and the use of the Website by the seller if the Enterprise discovers or it is brought to the Enterprise’s notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made thereunder and in such case the seller shall also be liable for all the liabilities, risks, damages and consequences that may arise.
Invoicing, Shipping & Product Liabilities: Please note that we are a marketplace platform like Ebay and provide marketplace services to you. We help Buyers and Sellers connect whereby as Sellers you are selling to customers via our platform and we are charging commission for services associated with it. Therefore invoicing and shipping to customer is your responsibility. Also any taxation related to sale of your products like VAT, CST,GST, etc. is your responsibility. Also liabilities arising from the use, consumption and/or interaction with your products is solely yours and My Murti will not be responsible for any loss or damage due to your products.
Hold, Suspension and Termination of My Murti Seller Registration: In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement, the Enterprise may suspend and/or terminate the My Murti Seller Registration or may put the remittances on hold with respect to such Seller. The Enterprise may reinstate or activate seller’s My Murti Seller Registration or remit the Transaction Price to seller subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by the Enterprise and as provided in the User Agreement or the rules and polices made thereunder. Seller’s My Murti Seller Registration is subject to the seller remaining an active User of the Website.
Upon identifying or being notified by any person or by law enforcement agency that Seller has violated any law in the performance of the Transaction, the Enterprise may immediately suspend seller’s My Murti Seller Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.
Know Your Customer (KYC) Documentation: At the time of My Murti Seller Registration and/or at any time thereafter and/or from time to time as may be required, the Enterprise may seek KYC Documents from Seller and further usage of the Website shall be subject to Seller’s submission of KYC Documents. ‘KYC Documents’ shall mean such information, data or documents as may be specified by the Enterprise from time to time which clearly and unambiguously verifies the details, including the Seller’s Bank Account provided by Seller at the time of registration with My Murti Facility or at any subsequent date.
The Enterprise may seek KYC Documents from the Seller at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and polices made thereunder as well as compliance with applicable laws. The Enterprise has the right to reject any one or more of the KYC Documents submitted by seller and may ask for other documents or further information.
Charges Applicable to Sellers: The Enterprise shall levy charges/ fees from time to time (for providing facilities to sell on the Website) to the Sellers in accordance with the Facility Charges Policy incorporated herein by reference. The Enterprise will provide the Seller with an invoice reflecting the facility charges on a monthly basis. If the seller avails of any of the services provided under My Murti Logistics by the Enterprise, the seller will be liable to pay additional fees, charges in respect of the services availed as set out in the Facility Charges Policy.
The Enterprise reserves the right to change the Facility Charge Policy and the related rules and policies from time to time. The Enterprise may introduce new services and modify some or all of the existing services offered on the Website and/or under My Murti Logistics. Any such changes shall be effective from the time that the Enterprise posts the same on the Website.
The Seller will be responsible for paying all charges associated with the use of the Website and/or My Murti Logistics and agrees to bear any and all applicable taxes, charges, cesses, surcharges etc. levied thereon. The seller shall pay the remit the appropriate charges to the Enterprise or the Enterprise will deduct such charges from the Transaction Price to be remitted to the seller. The Enterprise shall issue the invoice after such deduction and remittance. Unless otherwise provided, the charges are payable by the Seller irrespective of any charge back, refund or non-fulfilment of the Transaction.
The Enterprise reserves the right to set minimum and maximum transaction limits on the Website as it may determine for the safety of its Users.
Single Listing: You will only make one listing for each single item that is offered for sale by you on the Website. If you propose to sell more than one identical item you will make a separate listing for each of them and if all listings result in successful sale you must be in a position to fulfil all such orders. All listed items must be listed in an appropriate category on the Website. Each listing must contain only one specific item for sale and no choices whatsoever (such as colour, size etc.) shall be provided to the buyer. [Note: Please confirm.]
You agree not to list and propose to sell any item on the Website that is set out in the list of Restricted Items set out in Annex 1 hereto.
All listed items must be kept in stock for successful fulfilment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the User who is listing the item. You agree that you shall not list an item if you are not in a position to deliver it immediately.
You shall not make any listing in the nature of ‘wanted advertisements’ that do not offer to sell an item but invites Users to make an offer to you for sale of any item.
You will also not make any offer, either online or offline, or by making another listing on a different website, to sell an item once you have made a listing with respect to such an item on the Website. You will not make a listing on the Website with respect to an item which is subject to an existing online or offline offer which can be validly accepted, including listing on the Website or other websites. In no circumstances will you attempt to divert any User through your listing to any other webpage or provide him any information in order to conduct any transaction outside of the Website.
The Enterprise will be required to remove a listing only upon it being reported to be prohibited or restricted (Annex 1) or volatile of applicable law or terms of the User Agreement. The Enterprise is not deemed to have any knowledge of such prohibitive, restricted or volatile listing until it has been reported to the Enterprise. Upon receiving such reporting the Enterprise will take best efforts to remove such listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting.
No Infringement of Intellectual Property of Enterprise and Third Parties: You must ensure that the listed items do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Listings may only include content generated by you in the form of text descriptions, graphics and pictures that describe your item for sale. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Website, and will hold the Website and the Enterprise indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on the Website carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or the Enterprise including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Enterprise or that you have any right to represent the Website or the Enterprise.
Appropriate Description in Listing: You shall be responsible for providing information relating to the items offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of the item must not be misleading in any manner whatsoever and must describe the actual condition of the item. You shall not exaggerate or over emphasize the attributes of any items you propose to sell on the Website so as to mislead other Users in any manner. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the listing. You shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the item on offer for sale in your listing.
You shall not provide any information such as a catalogue of your items in your listing or on the items or packaging thereof which will enable a buyer to contact you outside the Website to buy such item directly from you instead of buying it from the listing on the Website. You shall not solicit Users to send you payments by any method not approved or provided for on the Website by the Enterprise.
Any image used in the listing must be of the actual item proposed to be sold on the listing and shall not copy images from other listings available on the Website. You cannot disclaim any liability including liability with respect to authenticity, merchantability of items that you offer to sell on the Website.
You shall not endorse any item other than that being listed by you anywhere in the Website. You agree not to provide any description in any listing made by you in any manner that suggests you are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless you are the manufacturer or producer, or you have obtained a written permission or entered into an agreement with such manufacturer or producer under which you are entitled to represent as such.
[Any free or bonus item promised in a listing for promotional purposes must be delivered together with the main item being offered through the listing. All provisions of the User Agreement including the rules and policies made there under that apply to the main item will apply mutatis mutandis to the free or bonus item as well to the extent it may be applicable.]
If you opt to avail of the ‘listing services’ provided under My Murti Logistics by the Enterprise you agree to comply with the terms and conditions of Policy of My Murti Logistics incorporated herein by reference. If you choose, My Murti Logistics will assist you in writing an appropriate description of an item to be listed, taking photographs/images of the items to be uploaded on the Website etc. In such case, you are liable to verify all such content of the listing, photograph/ image etc. provided by My Murti Logistics and edit/ modify/ vary/ delete as may be necessary to accurately describe the item to be listed. It is clarified that the copyright in all photographs/ images produced with the assistance of My Murti Logistics shall exclusively belong to the Enterprise. You agree that under no circumstance will the Enterprise be liable for any misrepresentation in respect of the listed item.
Categories: If the Website provides for categories of items, then the User must take adequate care to list items in the appropriate category. Failure to do so may result is cancellation of listing.
Method of Payment: At the time of listing, of the various modes of payment provided by the Enterprise on the Website, you shall also choose the modes of payment which are acceptable to you and the buyer will have the option to pay the Transaction Price only by the modes of payment selected by you. If you fail to choose your preferred modes of payment, the Buyer will have the option to pay the Transaction Price by any mode of payment provided on the Website.
on My Murti in its sole discretion.
Clean Sale: You represent and confirm that you shall be the sole and exclusive legal owner of all items of any description that you propose to offer for sale on the Website. You shall have absolute right free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such items as may be listed by you on the Website.
If it comes to your knowledge that any Transaction or attempted Transaction relating to any item listed on the Website is volatile of this clause or this User Agreement or applicable laws, you shall take all steps to inform the Enterprise of the same forthwith.
Unfair Consumer Practice: You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.
Feedback: Buyers of items on the Website are entitled to write reviews and rate the items as well as the seller on the Website. As a seller, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have to take legal or any other action against persons who have provided such reviews/ ratings or against the Enterprise or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling your items.
Non-payment: The Enterprise reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of Facility Charges or any other fees payable by you to the Enterprise whether for My Murti Logistics services or otherwise. The Enterprise also reserves the right to take legal action in case of such non-payment.
International Trading: It will be solely your responsibility to ensure that before listing an item for sale on the Website, such item can be shipped outside India under applicable laws. If you list any item that is in violation of the applicable laws, you will be liable to make good any loss suffered or cost borne by the Website, the Enterprise or other Users who rely on such listing including reimbursement of any service charges incurred towards the My Murti Facility or any other mode of payment or payments made towards taxes or government charges or any levy in respect of such item. You shall also be responsible for complying with all laws that may be applicable in the country where such item is proposed to be delivered. You are prohibited from selling any item to buyers in countries with which trading is prohibited or under embargo (in general or with respect to certain kind of goods) as imposed by the Government of India.
Refusal to sell: Once any User confirms a purchase in response to a listing made by you by making requisite payment through Payment on Billing, the sale is considered complete and all property and title in the listed item passes on to the buyer. You cannot refuse to sell the item, or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed. In case of sale of item wherein the buyer has opted for Payment on Delivery as a payment method, the sale is considered complete and all property and title in the listed item passes on to the buyer only after payment of the Transaction Price and upon Delivery.
Pricing: The price of the item proposed to be purchased shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. The shipping and handling charges included in the price of the item must be reasonable and cannot be disproportionate to the cost of the item or significantly above actual cost which may be charged by a reputed and competitive service provider. If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/ exchange rate shall be borne by the buyer.
Buyer satisfaction: You hereby accept the obligation to ensure high level of buyer satisfaction. If you receive more than 10% negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such case, the Enterprise may at its sole discretion cancel your listing, place limits on availability of services and facilities, suspend your account, demand a security deposit for future listings or continue your listings, impose higher fees and additional charges for permitting you to continue using the Website for listing and selling items. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such buyer may have.
Ending of Listing: You understand and agree that the Enterprise at its sole discretion may end any listing at any point of time without any notice and also in case where any listing does not result in a successful transaction within 30 days of listing. However, the Enterprise may choose not to remove any such listing and extend the period of listing for such time as it thinks fit. A listing will naturally end if it results in a confirmed Transaction.
Payment Confirmation: Subject to the modes of payment chosen by the Seller, in case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Enterprise from the Buyer within [3] days of booking the Transaction and completion of verification of payment, the Enterprise shall notify the buyer and the seller that the Transaction Price has been received.
Rules for Dispatch: The seller (other than a seller availing the ‘courier’ services under My Murti Logistics) is required to Dispatch the items for every Transaction to the Buyer within five days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller through the Website to ensure that the items are Delivered within timely manner. You should Dispatch the item only after receiving the Payment Confirmation from the Enterprise.
You must use reputed postal/ courier service provider with good track record which provide tracking facility for shipped items.
You shall Dispatch the items using only a delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ documentation. Such proof of dispatch and proof of delivery documentation (PODs) relating to the Dispatch and Delivery should be maintained by you for period of [9] months from the date of the Dispatch. The PODs should be furnished to the Enterprise on demand within the timeframe as notified from time to time.
You agree that the Dispatch Details shall be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized or otherwise illegal and shall not contain any misrepresentation of facts.
You shall send an invoice addressed to the Buyer for the Transaction Price together with the item at the time of Dispatch.
If the Seller fails to provide the Dispatch Details as prescribed below, in addition to the cancellation of the transaction, such failure may lead to suspension and/or termination of Seller’s My Murti Registration and/or any consequent actions as specified in the User Agreement.
Dispatch Details: The Seller shall provide the Dispatch Details on the Website within [7] days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller on the Website. If the Seller fails to enter the Dispatch Details in the Website within such prescribed time, the Enterprise may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer. In case of Delivery outside India (in which case only electronic payment shall be acceptable), the Dispatch Details have to be entered in the My Murti Facility within 10 days of Payment Confirmation.
In case of Transactions wherein the buyer has opted for Payment on Delivery payment method or the seller has availed of the ‘courier’ services under My Murti Logistics, the Logistics Partner would collect the item to be shipped from the Seller and the Enterprise would be responsible for providing the Dispatch Details on the Website.
If the seller has opted for the ‘courier’ services under My Murti Logistics the seller will be bound by the terms of the Policy for My Murti Logistics (incorporated herein by reference) and the Logistics Partner and/or the Enterprise shall be responsible for abiding by the terms and obligations of this provision including but limited to providing the Dispatch Details.
Remittance to Sellers: Seller agrees that the Transaction Price paid by a Buyer will be remitted to Seller’s Bank Account contingent upon the following events:
Buyer confirming the Delivery of items in the Transaction, or
Buyer not taking any action on the Website to confirm Delivery or non- receipt of item within [5] days of expiry of the prescribed Delivery time despite the confirmation of Dispatch of item by Seller to the Buyer, or
All remittances to Sellers in respect of Payment on Delivery Transactions shall be made through cheque/ demand draft or online bank transfer to Seller’s Bank Account. In cases where the Payment on Delivery option is selected, remittance of the Transaction Price paid by the Buyer will be made within [21] days of Delivery and only after the payments received from the Logistics Partner are reconciled with the Website/ Enterprise.
The Enterprise reserves the right to keep on hold the remittance to the Seller for purposes of safety of the My Murti Facility and/or Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Enterprise may contact the Seller for verification of or additional information, details, data and documents. The Enterprise reserves the right to refund the Transaction Price that has been kept on hold to the Buyer, if such requisite information, details, data and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete.
Remittances to the Seller for their successful Transactions under the My Murti Facility would be in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries dated 24 November 2009.
Warranties and Undertakings
Seller warrants and undertakes that:
All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. The Enterprise by providing facilities on the Website and/or My Murti Logistics services does not in any way becomes a party to the contract for the sale of the item.
Seller shall maintain proper proof of delivery (POD) of the items sent to the Buyer. PODs should be furnished to the Enterprise on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the seller and the buyer will be entitled to refund.
In the event that:
the Seller fails to Deliver within the time prescribed; or
the Seller sells or Delivers any illegal, prohibited or counterfeit items; or
the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or
there is any dispute between Seller and the Buyer relating to the Transaction, or
the use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
the Buyer claims a refund of or charges back the Transaction Price,
The Enterprise has the right to take appropriate legal action including right to set off from subsequent remittances to seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 days of receipt of a notice to that effect from the Enterprise, the Seller shall pay the shortfall to the Enterprise. In case the Enterprise is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.
Seller further unconditionally indemnifies and hold harmless the Enterprise, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Seller’s part while entering into and performing the contract with the Buyers or using the My Murti Facility.
In the event that any Transaction Price remitted to Seller is uncollectible and a claim is raised on the Enterprise in respect thereof, the same shall be Seller’s financial responsibility and the Enterprise shall have the right to recover any such amounts from the Seller in the manner provided herein above without any hindrance/ protest.
Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder.
Seller verification and refund to Buyers: The Seller authorises the Enterprise to perform certain checks before remitting the Transaction Price to Seller’s Bank Account to ensure the safety of the Transaction, Website and to mitigate any payment risks. As part of performing such checks, the Enterprise will also have the right to hold the remittance to the Seller’s Valid Bank Account and require Seller to furnish certain documents for verification purposes. The Enterprise also reserves the right to refund the Transaction Price back to the Buyer which the Enterprise has withheld or continue holding the periodic payments (including all future payments) in any of the following conditions:
As already noted in the Shipping – Delivery/Pick up it will be the responsibility of the buyer to check and receive the fragile items (especially idols) in good condition especially during the festival’s like Ganeshotsav (Bhadrapad/Magh), Navratra(Ashwin /Chaitra), Christmas, etc. No Refund/exchange/return will be provided on this items.
If the Seller does not provide the requisite verification documents within the prescribed time frame communicated by the Enterprise or as provided in the rules and policies of the Website; or
If the verification documents submitted are invalid, tampered or forged; or
If the verification documents suggest that the Dispatch has been done to an address which is different from the shipping address provided by the Buyer; or
If the Seller has not Dispatched the items using a recognized dispatch channel but used any other means; or
If Seller has provided incorrect or invalid Dispatch Details or has not Delivered the item to Buyer; or
If the Seller has listed an Item which violates the User Agreement or the rules and polices made thereunder; or
If the Seller has Dispatched an item different from the description mentioned on the Transaction, or
The Enterprise is instructed by any law enforcement agency or government or statutory authority to deny or decline or withhold such remittance.
In all the above cases the Enterprise will not be held liable for any loss incurred by the Seller arising out of such refund.
Refunds
All sales are final.
We must be notified with 24 hours from delivery of any defects for other than items termed as fragile (idols) especially during festivals as mentioned.
We may request that you return 100% of a defective order within 5 business days before we agree to redo your order.
Chargeback
A chargeback occurs when the card-holder disputes a charge on his credit / debit card statement with his card-Issuing Bank. On receiving such complaint from the card-holder, the card Issuing Bank credits the card holder and recovers the amount from the Enterprise. The Enterprise is entitled to deduct such amount from any amount payable to the Seller by the Enterprise. If no such amount is payable the Enterprise may demand such amount to be paid forthwith by the Seller. The Seller will be notified of the recovery, if any, through an email and may receive an acknowledgement of payment if requested. If the payment gateway facility provider, bank or the service providers of the Enterprise charge the Enterprise with any penalty or fee or charge for such chargeback in respect of the Transaction which the Enterprise is required to pay, the Seller will be liable to pay such penalty or fee to the Enterprise, and the same may be recovered in the manner aforesaid.
Data Retention
Enterprise will retain personal information in accordance with the privacy polices posted on the Website and applicable laws.
Please Note: The colours you see on your device may vary due to colour reproduction. We try to edit our photos to show the samples as life-like as possible, but please understand that there may be minor variations in colour of the actual product. We do not guarantee that the colour you see accurately portrays the true colour of the product. For further assistance, please contact our customer engagement team or visit our website My Murti
ANNEX 1
LIST OF RESTRICTED ITEMS
Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne
Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites
Body parts which includes organs or other body parts
Bulk marketing tools which includes email lists, software or other producers enabling unsolicited email messages (spam)
Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
Child pornography which includes pornographic materials involving minors
Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection
Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials
Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
Endangered species which includes plants, animals or other organisms (including product derivates) in danger of extinction
Gaming/Gambling which includes lottery tickets sports bets, memberships/enrollment/ online gambling sites, and related content
Government IDs or documents which includes fake IDs, passports, diplomas and noble titles
Hacking and cracking material which includes manuals, how-to guides, information, or equipment enabling illegal access to software’s, servers websites, or other protected property
Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
Offensive goods which includes literature, products or other material that:
Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
Encourage or incite violent acts
Promote intolerance or hatred
Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
Prescription drugs or herbal drugs or any kind of online pharmacies which includes drug or any other products which requires a prescription by a licensed medical practioner.
Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances
Regulated goods which includes air bags; batteries containing mercury; Freon or other similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items slot machines; surveillance equipment; goods regulated by government or other agency specifications
Securities which includes stocks, bonds, or related financial products
Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products
Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts and other armaments
Wholesale currency which includes discounted currencies or currency exchanges
Live animals or hides/skin/teeth, nails and other parts etc. of animals
Multi-level marketing collection fees
Matrix sites or sites using a matrix scheme approach
Work-at-home approach and/or work-at-home information
Drop-shipped merchandise
Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
The merchant providing services that have the potential of citing the Payment Gateway Facilitators in a poor light and/or that may be prone to “Buy & Deny” attitude of the cardholders when billed (e.g. adult material/mature content/escort services/friend finders) and thus leading to chargeback and fraud losses
Business or websites that operate within the scope of law which are not absolutely clear or are ambiguous in nature (Web-based telephony, websites supplying medicines or controlled substances, websites that promise online match making, etc. )
Businesses out rightly banned by law (e.g. betting & gambling/publications and content that is likely to be interpreted by authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/ sweepstakes& games of chance)
The merchant who deal in intangible goods/services (e.g. software download/health/beauty products), and business involving pyramid marketing schemes or get-rick-quick schemes. Any other product or service which in the sole opinion of the EBS or the Payment Gateway facilitators, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/both of them to the merchant from time to time. This shall be without prejudice to any other terms and conditions mentioned in this Agreement.
Bulk marketing tools which includes emails, lists, software or other products enabling unsolicited email messages (spam)
Web-based telephony/SMS/Text/Facsimile services or Calling cards. Bandwidth or data transfer/ allied services. Voice process/knowledge process services
Mailing lists
Payment
All prices are in Indian Rupees (Rs.).
We will not process your order until we receive full payment for the same.
TERMS OF SERVICE
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SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall My Murti, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Murti and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Shop No.1, Mohankar Chawl, Opp. Tulsidham.Complex, Old Dongripada, Off Ghodbunder Road, Thane West, MH, 400607, India.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].