Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and strict compliance with the following terms and conditions (‘Terms’). 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 Terms of Use for access or usage of www.mumbaichai.in website. The domain name www.mumbaichai.in (hereinafter referred to as ‘Website’) is owned by Waah Chai Pvt. Ltd. (hereinafter referred to as ‘www.mumbaichai.in’ or ‘us’ or ‘we’). Your use of the Website and services and tools are governed by the following terms and conditions (‘Terms of Use ‘) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with www.mumbaichai.in and these terms and conditions including the policies constitute your binding obligations, with www.mumbaichai.in. For the purpose of these Terms of Use, wherever the context so requires ‘You’ or ‘User’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the any type of system. www.mumbaichai.in allows User to surf the Website without registering on the Website. The term ‘we’, ‘us’, ‘our’ shall mean www.mumbaichai.in. When you use any of the services provided by us through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the www.mumbaichai.in Privacy Policy.
Your Account and Registration Obligations
By using the Website, You shall be responsible for maintaining the confidentiality of your Login Name and Password, and you shall be responsible for all activities that occur under your Login Name. You agree that if any information provided by You that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse You access to the Website.
Communications
When You use the Website or send emails or other data, information or communication to www.mumbaichai.in, You agree and understand that You are communicating with www.mumbaichai.in through electronic records and You consent to receive communications via electronic records from the www.mumbaichai.in periodically and as and when required. www.mumbaichai.in may communicate with you by email or by such other mode of communication, electronic or otherwise.
Charges
Membership on the Website is free for all users/buyers. www.mumbaichai.in reserves the right to change its Fee Policy from time to time. In particular, www.mumbaichai.in may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event www.mumbaichai.in reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to www.mumbaichai.in.
Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
• You shall not attempt to gain unauthorized access to any portion or any feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password ‘mining’ or any other illegitimate means
• You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the product names, brand name or domain name used by us including the term ‘Tea Trails’ or otherwise engage in any conduct or action that might tarnish the image or reputation, of www.mumbaichai.in or otherwise dilute any Tea Trails India’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Tea Trails India’s systems or networks, or any systems or networks connected to www.mumbaichai.in. • You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of www.mumbaichai.in and / or others.
• Solely to enable us to use the information You provide us with, so that we are not violating any rights You might have in your Information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website
• From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
• It is possible that other Users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
• www.mumbaichai.in shall have all the rights to take all necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services) Contents Posted on Site All text, graphics, artworks, user interfaces, visual interfaces, photographs, trademarks, menu names, logos, sounds, music and artwork belongs to www.mumbaichai.in only. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without obtaining prior written consent from Tea Trails India Pvt Ltd.
You agree that any Content you post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.
Privacy
The protection of your privacy is most important for www.mumbaichai.in. We understand clearly that you and your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to your Information being transferred or used in this way please do not use the website.
Payment
While availing any of the payment method/s available on www.mumbaichai.in, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: a. Lack of authorization for any transaction/s, or b. Exceeding the preset limit mutually agreed by You and between your ‘Bank/s’, or c. Any payment issues arising out of the transaction, or d. Decline of transaction for any other reason/s. Before delivering your order to you or at the time of delivering your order, www.mumbaichai.in may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online ordering environment to our users. Further: a. You have categorically authorized www.mumbaichai.in or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. b. You understand, accept and agree that the payment facility provided by www.mumbaichai.in is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the www.mumbaichai.in website using the existing authorized banking infrastructure and Credit Card payment gateway networks. c. www.mumbaichai.in reserves the right to impose limits on the number of Transactions or Transaction Price which www.mumbaichai.in may receive from on an individual Valid Credit/ Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual. d. www.mumbaichai.in reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with www.mumbaichai.in or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy. Breach Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to: a. If You breach the Terms of Use or Privacy Policy or other Policies, if any; b. If we are unable to verify or authenticate any information You provide; or c. If it is believed that your actions may cause legal liability for you, other users or us. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, we reserves the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You. Indemnity You shall indemnify and hold harmless www.mumbaichai.in, its owner, licensee, affiliates, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party. Applicable Law Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in MUMBAI, MAHARASHTRA. Limitation of Liability IN NO EVENT SHALL WWW.MUMBAICHAI.IN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.