Terms & Conditions of use
Your use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website. 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 Makoba.com, these terms and conditions constitute Your binding obligations, with Makoba.
1. www.makoba.com website ("Website") is an Internet based content and e-commerce portal operated by Makoba, a company incorporated under the laws of India.
2. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. www.makoba.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
All products/services and information displayed on Makoba.com (“Site” or “Makoba.com”) constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Makoba.com reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Makoba.com prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer.
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited. Makoba.com reserves the right to terminate your membership and refuse to provide you with access to the Site if Makoba.com discovers that you are under the age of 18 years.
The Site is not available to persons whose membership has been suspended or terminated by Makoba.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. Makoba.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Makoba.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Makoba.com, you agree to be bound by the Terms and Conditions.
Account and Registration obligations
You also agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by Makoba.com registration form (such information being the "Registration Data") 2. Maintain and promptly update the Registration Data to keep it true, accurate, current
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Makoba.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Makoba.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
While Makoba.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Makoba.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Makoba.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been received by the customer.
In the event that an item is mis-priced, Makoba.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been received by you, your offer will not be deemed accepted and Makoba.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation.
The payment may be processed prior to Makoba.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
Cancellation by Makoba
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you on the email id provided at the time of registration if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
Cancellation by the customer
In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. On cancellation of an order after it has been processed/approved by Makoba.com, the cancellation charges will become applicable @ flat rate of 5% of the order value. Makoba.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Makoba.com and accept Makoba.com’s decision regarding the cancellation.
Third Party Products
PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not offered by Makoba.com. In other words these additional terms and conditions are applicable in case you buy products sold on Makoba.com by third party vendors.
You understand and agree that there may be certain products, which will be sold on the Site by third party vendors (“Vendors”). Makoba.com may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Site the following additional terms and conditions will become applicable:
Makoba.com is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. Makoba.com cannot and does not guarantee that the Vendors will perform any transaction concluded on the Site.
Makoba.com does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold on the Site by the Vendor. In particular, Makoba.com does not implicitly or explicitly support or endorse the sale of any items or services on the Site. Makoba.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
You release and indemnify Makoba.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Makoba.com cannot control the information provided by other Vendors, which is made available on the Site. You may find other Vendor’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence. All other terms and conditions of this User Agreement are applicable to such transactions.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on Makoba.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Makoba.com. Further the said information will not be utilized and shared by Makoba.com with any of the third parties unless required by law, regulation or court order. Makoba.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
Fraudulent /Declined Transactions
Makoba.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Makoba.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
• That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Makoba.com for redelivery shall be claimed from you.
• That you will use the services provided by Makoba.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
• You will provide authentic and true information in all instances where such information is requested of you. Makoba.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Makoba.com has the right in its sole discretion to reject the registration and debar you from using the Services of Makoba.com and / or other affiliated websites without prior intimation whatsoever.
• That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
• That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
• That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description
You may not use the Site for any of the following purposes:
1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorised access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Site.
5. Breaching any applicable laws;
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate
Modification of Terms and conditions of Service
Makoba.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on Makoba.com. You can access the latest version of the User Agreement at any given time on Makoba.com. You should regularly review the User Agreement on Makoba.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Chennai shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Makoba. And his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Chennai. The High Court of judicature at CHennai alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Makoba.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Makoba.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Makoba.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Makoba.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
Makoba.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Makoba.com is and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments; or
(3) to respond to any Comments.
You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Makoba.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Makoba.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Makoba.com and its affiliates for all claims resulting from any Comments you submit. Makoba.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
Makoba.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Makoba.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Makoba.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Makoba.com. You may not modify, distribute or re-post anything on this website for any purpose.
The Makoba.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Makoba.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Makoba.com endorsement, sponsorship or recommendation of the third party, information, product or service.
Makoba.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Makoba.com or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Makoba.com, or one of its affiliates or by third parties who have licensed their materials to Makoba.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Makoba.com and is also protected by Indian and international copyright laws.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Makoba.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Makoba.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Makoba.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or Makoba.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Makoba.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Makoba.com. Upon any termination of the User Agreement by either you or Makoba.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Makoba.com’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers
The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while Makoba.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Makoba.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, Makoba.com or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of Makoba.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.