Terms and Conditions

Last updated: January 06, 2023

By accessing this webpage, you agree to be bound by these Terms and Conditions (“Terms”) in a legally binding agreement between us (“Merchant”, “us”, “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.

Eligibility

You represent and warrant that you have the right, power, and authority to agree to the Terms, become a party to a legally binding agreement, and perform your obligations hereunder.

Definitions

For the purpose of these Terms:

  • Payment Instrument includes credit card, debit card, bank account, prepaid payment instrument, Unified Payment Interface (UPI), Immediate Payment Service (IMPS), or any other payment methods developed, added, or deployed by banks and financial institutions from time to time.
  • Platform refers to the website or platform where the Merchant offers products or services and where the Transaction may be initiated.
  • Transaction refers to the order or request placed by the User with the Merchant to purchase products and/or services listed on the Platform by paying the Transaction Amount to the Merchant.
  • Transaction Amount means the amount paid by the User in connection with a Transaction.
  • User/Users means any person availing the products and/or services offered on the Platform.
  • Website means 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 true, complete, and up-to-date information as required for completing Transactions. This includes, but is not limited to:

  • Name
  • Email address
  • Phone number
  • Delivery address
  • Age
  • Gender
  • Any other information required to fulfill the Transaction
  • 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 commercial endeavors except those 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 by electronic or other means for 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 use or copying of content.
  • Trick, defraud, or mislead us and other users, especially in attempts to learn sensitive account information such as user passwords.
  • Make improper use of support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the system, such as scripts, data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Platform or networks/services connected to the Platform.
  • Attempt to impersonate another user or person or use another user’s username.
  • Use information obtained from the Platform to harass, abuse, or harm another person.
  • Use the Platform as part of any effort to compete with us or for revenue-generating/commercial enterprise beyond permitted use.
  • Decipher, decompile, disassemble, or reverse engineer any software comprising the Platform.
  • Attempt to bypass measures designed to prevent or restrict access to the Platform or any portion of it.
  • Harass, annoy, intimidate, or threaten any employees or agents engaged in providing any portion of the Platform.
  • Copy or adapt Platform software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit viruses, Trojan horses, or other material (including excessive capitalization/spamming) that interferes with uninterrupted use of the Platform or alters/disrupts its operation.
  • Disparage, tarnish, or otherwise harm us and/or the Platform.
  • Use the Platform in a manner inconsistent with applicable laws or regulations.

Limitation of Liability

The User agrees that the only recourse in the event of receiving a defective product/service, deficiency in service, or a product/service that does not match the provided description is to initiate the refund process, subject to refund terms under this agreement. We expressly disclaim any further liability for losses.

The User shall indemnify and hold harmless the Merchant and its affiliates, agents, and representatives from and against any claims, demands, causes of action, obligations, liabilities, losses, damages, injuries, costs, and expenses arising out of any breach or alleged breach of these Terms by the User.

Guidelines for Reviews

We may provide areas on the Platform for 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.
  • Reviews should not contain offensive profanity, abusive, racist, offensive, or hate language.
  • Reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  • Reviews should not contain references to illegal activity.
  • You should not be affiliated with competitors when posting negative reviews.
  • You should not make conclusions as to legality of conduct.
  • You may not post false or misleading statements.
  • You may not organize campaigns encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We are under no obligation to screen or delete reviews, even if considered objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of affiliates/partners.

We do not assume liability for reviews or resulting claims/liabilities/losses. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to reviews.

Governing Laws and Dispute Resolution

These Terms, their subject matter, and formation are governed by the laws of India. You and we both agree that the courts of India have exclusive jurisdiction over disputes.

Any dispute or claim arising out of, in connection with, or relating to these Terms or their breach, termination, or invalidity (“Dispute”) shall be referred to and finally resolved by arbitration in Bengaluru in accordance with the Arbitration and Conciliation Act, 1996.

Within 30 days of notice of Dispute, parties shall mutually agree on appointment of a sole arbitrator. If no mutual agreement is reached within that period, appointment shall proceed in accordance with the Arbitration and Conciliation Act, 1996.

  • The seat of arbitration shall be India.
  • Proceedings shall be conducted in English.
  • Parties shall keep arbitration confidential, except where disclosure is required by law.
  • The arbitrator’s decision shall be final and binding.
  • Consent to arbitration does not preclude seeking suitable injunctive relief from courts in Bengaluru.
  • Arbitration costs shall be allocated as determined by the arbitrator; each party initially bears its own costs, subject to reimbursement directions in the award.

Grievance Redressal

If you have any question or complaint regarding any product/service availed on our Platform, or any Transaction issue (including double debit, fraudulent transaction, unauthorized transaction, refund requests, etc.), you may reach out to us.

Disclaimer

By initiating a Transaction, you enter into a legally binding and enforceable contract with us to purchase products/services and agree to pay the listed price through legitimate and legal sources of funds using accepted Payment Instruments.

You shall provide accurate payment details to the secure payment system. Information provided by you may be used or shared with third parties where required for fraud verification or by law/regulation/court order. We expressly disclaim liabilities arising from unauthorized use of a User’s Payment Instrument.

All payments are undertaken at your own risk and volition. We are not liable for loss or damage arising directly or indirectly due to authorization decline, malfunction, errors, and/or unscrupulous activities.

If you receive a user identification code, order ID, password, or other security information, you must treat it as confidential and must not disclose it to third parties.

Content on the Platform is provided for general information only and does not constitute advice. Where the Platform contains links to third-party websites/resources, these are for information only and do not imply approval by us.

This Platform may include information and materials uploaded by other Users. Such materials are not verified or approved by us. Views expressed by other Users do not represent our views or values.

We do not guarantee the Platform will be secure or free from bugs/viruses. You are responsible for configuring your IT systems and using your own virus protection software.