Terms & Conditions

By accessing this webpage, you are agreeing to be bound by these Terms and Conditions (“Terms") in a legally binding agreement between us (“Merchant”or“us” or “we”or“our” ) and the User (“you” or “your”). Please read these Terms carefully before accessing or using the Website. If you do not agree to the Terms, you may not access the Platform.We reserve the right to update and change the Terms and Conditions by posting updates and changes to the Platform. You are advised to check the Terms and Conditions from time to time for any updates or changes that may impact you. If at any point such amendments are not acceptable to you, we advise you to cease using the Platform at such time. ELIGIBILITY You hereby represent and warrant that you have the right, power, and authority to agree to the Terms, to become a party to a legally binding agreement and to perform your obligations here under. DEFINITIONS “Payment Instrument” includes credit card, debit card, bank account, prepaid payment instrument, Unified Payment Interface (UPI), Immediate Payment Service (IMPS) or any other methods of payments which shall be developed or added or deployed by banks and financial institutions from time to time. “Platform” refers to the website or platform where the Merchant offers its products or services and where the Transaction may be initiated. “Transaction” shall refer to the order or request placed by the User with the Merchant to purchase the products and/or services listed on the Platform by paying the Transaction Amount to the Merchant; “Transaction Amount” shall mean the amount paid by the User in connection with a Transaction; and “User/Users”, means any person availing the products and/or services offered on the Platform; “Website” shall mean www.instamojo.com or the mobile application MERCHANT'S RIGHTS You agree that we may collect, store, and share the information provided by you in order to deliver the products and/or services availed by you on our Platform and/or contact you in relation to the same. YOUR RESPONSIBILITIES You agree to provide us with true, complete and up-to-date information about yourself as may be required for the purpose of completing the Transactions. This information includes but is not limited to the personal details such as name, email address, phone number, delivery address,age, and gender (or any other information that we may deem necessary for us to fulfil the Transaction) as well as the accurate payment information required for the transaction. PROHIBITED ACTIONS You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us As a User of the Platform, you agree not to: Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Make improper use of our support services or submit false reports of abuse or misconduct. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform. Attempt to impersonate another user or person or use the username of another user Use any information obtained from the Platform in order to harass, abuse, or harm another person. Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform. Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you. Copy or adapt the Platform's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform. Use the Platform in a manner inconsistent with any applicable laws or regulations. LIMITATION OF LIABILITY The User agrees that the only recourse that the User has in the event of receiving a defective product and/or deficiency in service or a product and/or service which does not match the provided description is to initiate the refund process which will be subject to the terms for refund under this agreement. We hereby expressly disclaim any liability to them for any losses. The User shall indemnify and hold harmless the Merchant and its affiliates, agents and representatives from and against any and all claims, demands, causes of action, obligations, liabilities, losses, damages, injuries, costs and expenses incurred or sustained by reason of or arising out of any breach or alleged breach of any of the terms herein by the User GUIDELINES FOR REVIEWS We may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria: You should have firsthand experience with the person/entity being reviewed. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability. Your reviews should not contain references to illegal activity. You should not be affiliated with competitors if posting negative reviews. You should not make any conclusions as to the legality of conduct. You may not post any false or misleading statements. You may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews. GOVERNING LAWS & DISPUTE RESOLUTION Please note that these terms of use, their subject matter and their formation, are governed by the laws of India . You and we both agree that the courts of India will have exclusive jurisdiction over any dispute. Any dispute or claim arising out of or in connection with or relating to these Terms or their breach, termination or invalidity hereof (“ Dispute”) shall be referred to and finally resolved by arbitration in Bengaluru in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this clause 12.2. Within 30 (thirty) days of the issue of a notice of Dispute, the parties shall mutually agree on the appointment of a sole arbitrator. If such mutual agreement is not arrived at within the aforesaid 30 (thirty) days' period, the parties shall appoint such sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be India and the arbitration proceedings shall be conducted in the English language. The parties shall keep the arbitration confidential and not disclose to any person, other than those necessary to the proceedings, any information, transcripts or award unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties hereto. The parties hereto agree that their consent for resolution of Dispute through arbitration shall not preclude or restrain either of them from seeking suitable injunctive relief in appropriate circumstances from courts in Bengaluru. The cost of arbitration shall be borne in the manner and by a party as determined by the arbitrators. In the meantime, each party shall bear its own cost for the arbitration which shall be reimbursed as per the directions in the arbitral award. GRIEVANCE REDRESSAL You agree that if you have any question or complaint with regard to any product and/or service availed on our Platform, or pertaining to the Transaction, including but not limited to, double debit of Transaction Amount, fraudulent Transaction, unauthorized Transaction, refund requests, etc., you may reach out here DISCLAIMER That upon initiating a Transaction, you as a User are entering into a legally binding and enforceable contract with us to purchase the products and/or services, and you shall pay the price as listed on the Platform through legitimate and legal sources of funds and through the accepted Payment Instruments. That you shall provide accurate payment details to the secure payment system for making purchase on the Platform. The information provided by you may be utilized or shared with any third party if required in relation to fraud verifications or by law, regulation or court order. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of a User’s Payment Instrument. That all payments undertaken by you are subject to your own risk and volition. We shall not be liable for any loss or damage occurred to you arising directly or indirectly due to the decline of authorization for any Transaction, malfunction, errors and/or unscrupulous activities. If you receive a User identification code, order ID, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. The content on our Platform is provided for general information only. The information provided does not to amount to advice from us in any manner and should not be relied upon. Where our Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. This Platform includes information and materials uploaded by other Users of the Platform. You understand that such information and materials have not been verified or approved by us. The views expressed by other Users on our Platform do not represent our views or values. We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Platform. You must use your own virus protection software.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using memogee.in website (the “Service”) operated by Memogee (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at memogee.in

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or memogee cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting memogee customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide memogee with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize memogee to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, memogee will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

memogee in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

memogee will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

memogee has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of memogee or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of memogee and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of memogee

Acceptable Use Policy

We do not allow image uploads, video linking or files linking or the use of memogee pages, resources or assets on websites that are of the following nature: Pornographic, racist, hate, defamatory/libelous, extreme violence or the promotion of violence/terrorism, self harm, narcotics, controlled substances or other products/services that present a risk to consumer safety, deceptive, misleading, fraudulent or otherwise illegal activities.

PLEASE NOTE THAT YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY AND WITHOUT NEGOTIATION IF YOU BREAK THIS AUP AGREEMENT

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by memogee.

memogee has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that memogee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless memogee and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall memogee, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

memogee its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.