legal

Terms & Conditions

Terms of Use:

This document is an electronic record in terms of Information Technology Act, 2000 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 Terms of Use for access or usage of the Platform. These Terms of Uscontains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;e along with any and all guidelines, Privacy Policy and Disclaimer(“Terms”) provided on the Platform (as defined below) govern your use of the Platforms, content, software and services offered on the Platform, i.e. the Moodish mobile application owned and controlled by Snapinsight Solutions Private Limited available on the IOS and Android store at ____________ and _________________ respectively and at augrade.com . These Terms govern your use of this Platform; by using this Platform, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Platform. The term Snapinsight Solutions Private Limited or “the Company” 'us' or 'we' refers to the owner of the Platform whose registered office is at Chembur, Mumbai – 400089, Maharastra, India. . The term 'you' refers to the user or viewer of this Platform. The use of this Platform is subject to the following terms of use: Please review these Terms carefully before using the Services because they affect your rights.By using any of the Services, you accept these Terms and agree to be legally bound by them.

1. ALTERATIONS TO THE TERMS OF USE:

   We may change these Terms at any time without notice. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web page on the Platform. You are responsible for checking these Terms for changes periodically. If you continue to use the Platform after we post changes to these Terms, you are signifying your acceptance of the updated Terms.

2. RIGHT TO CHANGE:

   We reserve the right to discontinue or change any service or feature on the Platform at any time and without notice.

3. YOUR RESPONSIBILITIES/LIABILITIES:

   You may use the Platform for lawful purposes only. You may not submit or transmit through the Platform any material, or otherwise engage in any conduct that:

   • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
   • is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
   • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
   • impersonates any person, business or entity, includingthe Company and its employees and agents;
   • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
   • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
   • Violates these Terms of Use, guidelines or any policy posted on Platform, or interferes with the use of the Platform by others.
   • You may not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of Platform. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.
   • We accept and appreciate user feedback, reviews, ratings, rankings and suggestions but we are under no obligation to use such content or compensate the user for any feedback/review and are under no obligation to keep such information confidential and any ideas submitted for improvement of the Platform will be deemed as our intellectual property.
   • The users can also login using Google/Facebook or any other social media login option provided by us and by doing so you agree that you are the owner of such user account used for logging onto our Platform and grant us the rights to collect any information or actions from such services and use such information for the improvement of the performance of the Platform as per applicable laws.
4. SPAM:

   You may not use the Platform or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Platform to violate the terms of this section. We may terminate your access or use of the Platform immediately and take any other legal action if you, or anyone using your access to the Platform violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

5. PROPRIETARY RIGHTS:

   a. We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video, etc. ("Content") on the Platform own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Platform are our trademarks. b. This Platform contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics and its reproduction is prohibited.

6. LICENSE TO USE:

   a. Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Platform and material on the Platform. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Platform for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. b. You must not: i. republish material from this Platform (including republication on another Platform); ii. sell, rent or sub-license material from the Platform; iii. show any material from the Platform in public; iv. reproduce, duplicate, copy or otherwise exploit material on this Platform for a commercial purpose; re-distribute material from this Platform except for content specifically and expressly made available for redistribution; v. Where content is specifically made available for redistribution, it may only be redistributed within your organization;and/or vi. Any such use of the Platform and/or its material, otherwise which shall be opposed by us. c. On request of registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. d. You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone..You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account.If you have reason to believe that someone is using your account without your permission, you should contact us immediately.We are not responsible for any loss or damage resulting from unauthorized use. e. Sweepstakes, contests, referral programs and promotions on the Platform may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc.You are responsible for complying with these rules and requirements. f. We store and process your information including any sensitive personal, health and 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. Our current Privacy Policy is available at Privacy Policy. If you object to your information being transferred or used in this way please do not use the Platform.

7. TRANSACTION:

   a. Any transaction both effected and completed through the Platform including but not limited to any contract of purchase and sale between merchant/vendor and purchaser/customer will also apply to such Terms. b. At this point, both merchant and purchaser are subject to the Terms. Our role is only of a facilitator to provide merchant and purchaser with a platform to agree to sale/purchase. We do not post the goods and services advertised on the Platform. c. You acknowledge that we: i. are not the owner of the goods and services being sold; ii. will only get involved with any dispute between vendor and purchaser to the extent specified; and iii. are not responsible in any way if any goods and services displayed and subsequently sold via this Platform prove unsatisfactory. d. We are not responsible for ensuring that vendor and purchaser complete a transaction and make no guarantees whatsoever to users that their goods and services will be purchased if displayed on our Platform. e. Unless otherwise stated, all payments are quoted in Indian Rupees. You are responsible for paying all fees as well as all applicable taxes for services of the Platform. f. Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the preset limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services. g. We reserve the right to cancel any order at Company’s sole discretion, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with our policies or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.

8. TRANSACTION PRICE:

   The price of the goods and/or services availed for purchase by the buyer shall on every transaction of the buyer additionally include, if applicable, Goods and Services Tax (GST), the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses, if any in respect thereof and any other amount charged by the Company.

9. RETURNS AND REFUNDS POLICY:

   a. The Platform provides services to the best of its efforts. No refund will be given for unsatisfactory services or such other reasons due togoods and/or service provided by the Merchants of the Platform. b. Further, the user/customer will not be eligible for any refund due to any loss/damage arising due to an error/default of the user/customer for any reason whatsoever including without limitation inaccuracy of information (address, name, telephone number, contact details, etc.), wrongful placement of an order, order instructions not followed, etc.and/or additionally in such case the Merchant or the Merchant appointed logistics partner or the Company is unable to access the user information/communicate with the user for such reasons c. Any replacement, exchange, offer, discounts or otherwise will be provided only at the Company’s discretion and/or the Merchant’s discretion and as per the terms agreed by and between such parties involved in the handling of such request. d. We entertain complaints with valid photographic evidence along with time-stamp within a reasonable duration. Such complaints shall be dealt with by the Company/Merchant at their discretion with reasonable judgment and after discussion and understanding the matter at hand from the user/customer. Such goods delivered via the Platform if found tampered with, shall not be valid for any refund/replacement, etc.

10. LOGISTICS PARTNER:

    The Company appointed logistics partner shall provide various services such as collection and delivery of items, collection of the transaction price from the buyer in case of cash on delivery or such other services that the Company may require. In such services being provided by the logistics partner, it is to be understood that the Company shall be not be held liable for any act of default by the respective logistics partner.

11. PLATFORM SECURITY RULES:

    a. Users are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. b. This Platform is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are allowed to use, access, or register as a user on this Platform with guardian or parental permission. c. You are also expected to follow all law s and regulations that may be associated with any of the activities involved with the use of the Platform. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Platform.

12. PUBLIC ACCESSIBLE CONTENT:

    Certain areas of the Platform may allow you to post content that can be accessed and viewed by others, including the public in general. You may only post content to public areas on the Platform that you created or that you have permission to post. You may not post content that violates the Terms. We do not claim ownership of any content that you may post. However, by submitting content to public areas of the Platform, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this content in any medium.

13. MONITOR:

    You agree that we are not liable for the content that is provided by others. We have no duty to pre-screen content, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.

14. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

    We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.

15. HYPERLINKS:

    Platform may include links to third party Platforms, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Platform are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Platform from another Platform or document without the Company’s prior written consent.

16. DISCLAIMER OF WARRANTIES:

    a. We provide the Platform “as is” and “as available.” We make no express warranties or guarantees about the Platform. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Platform and all software, Content, services and products distributed through the Platform are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. b. Without prejudice to the generality of the foregoing paragraph, we do not warrant that: i. this Platform will be constantly available, or available at all; or ii. the information on this Platform is complete, true, accurate or non-misleading c. Nothing on this Platform constitutes, or is meant to constitute, advice of any kind.

17. LIMITATION OF LIABILITY:

    Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Platform. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Platform is limited to the amount of charges/fees, if any, paid by you to the Company for a specific service. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Platform, services provided by the logistics partner, services provided through the payment gateway on the Platform or any other services of the Platform arising from your use of, inability to use, or reliance upon Platform. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Platform or that the operation of the Platform or the Logistics partner will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Platform. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Platform.

18. INDEMNIFICATION:

    Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney's fees, and penalties imposed, if any, that arise from your use or misuse of the Platform, breach of the Terms including rules and policies incorporated herein under any applicable law.

19. INTERNATIONAL USE:

    We make no representation that the Content on the Platform is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Platform from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.

20. BREACHES OF THESE TERMS OF USE:

    a. Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing the Platform, blocking computers using your Internet Protocol address from accessing the Platform, contacting your internet service provider to request that they block your access to the Platform and/or bringing court proceedings against you. b. Further, it is clarified that unauthorised use of this Platform may give rise to a claim for damages and/or be a criminal offence.

21. SEVERABILITY:

    This contract and any supplemental terms, policies, rules and guidelines posted on Platform constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

22. TERMINATION:

    Your right to use the Platform automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Platform. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Platform, for any reason, with or without notice.

23. GOVERNING LAW AND JURISDICTION:

    a. These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction. b. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

24. MISCELLANEOUS:

    a. We shall not be liable by reason of failure or delay in the performance of our obligations under the Terms if such failure or delay is caused by acts of God, war or any other cause beyond its control and without our fault or negligence provided. b. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Platform, such as a particular "Legal Notice," or software license or material on particular web pages, these Terms constitute the entire agreement between you and us with respect to the use of the Platform. c. No changes to these Terms shall be made except by a revised posting on this page. If you do not agree to these Terms, you should immediately stop using the Platform.If you want to delete your account on the Platform, please use contact instructions posted on the Platform at which you obtained the account.

25. DISCLAIMERS:

    The term ‘Company’, ‘us’ or ‘we’ refers to the owner of the Platform, i.e. Snapinsight Solutions private Limited. The Company does not endorse any vendor or other party that a user found on the Platform. The Company does not warrant that the Platform will operate error-free or that the Platform and its servers are free of computer viruses or other harmful mechanisms. If your use of the Platform or the goods or the materials displayed on the Platform result in the need for servicing or replacement or such other services, the Company is not responsible for those costs. The Platform and its services are provided on an "as is" basis without any warranties of any kind. The Company to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the works, services, software, text, graphics, goods and links on the Platform. In no event shall the Company, its suppliers, or any third parties mentioned on the Platform be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Platform and the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. All content on the Platform is for information purposes only and shall not be construed as any expert advice as they represent only personal experiences/views. The official partner/restaurants of the Platform or any other official partners will be represented with a branded badge of Moodish with their personal information. We do not take responsibility of any impersonation/misrepresentation/misinformation or default due to any reason otherwise.