Terms of Use

These website terms of use ("Terms of use") is an electronic record in the form of an electronic contract formed under information technology act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These terms of use does not require any physical, electronic or digital signature.

These terms of use is a legally binding document between user and mithaiwaale (both terms defined below). These terms of use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and mithaiwaale for the use of the website (defined below).

This document is published and shall be construed in accordance with the provisions of rule 3 (1) of the information technology (intermediaries guidelines) rules, 2011 under information technology act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website. 

These terms of use of the website located at the url www.Mithaiwaale.Com and mobile application under the name and style "Mithaiwaale" (the website) is between sameureka technologies pvt ltd (hereinafter referred to as "Sameureka" or "Mithaiwaale" or "We" or "Us" or "Our") and the guest users or registered users of the website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which mithaiwaale offers you access to the website and such other services as are incidental and ancillary thereto ("Services"). 

Please read these terms of use carefully before using or registering on the website or accessing any material, information or services through the website. If you do not agree with these terms of use, please do not use the website.

These terms of use together with the privacy policy available at http://www.Mithaiwaale.Com/page/terms, the terms of sale available at http://www.Mithaiwaale.Com/info/termsofsale, the other policies of the website available at www.Mithaiwaale.Com under "Policy info" section or elsewhere on the website, the seller agreement available at sellers.Mithaiwaale.Com (applicable if you are a seller of the products on the website) and any other terms which may apply to specific services ("Additional service terms") together with all other notices, disclaimers, guidelines appearing on the website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which you are allowed to access and use the website and avail the services. 

If you are accessing the mithaiwaale mobile application or accessing the services through the mithaiwaale mobile application, then while these terms of use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like apple's itunes, android's play store, microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these terms of use by way of reference. 

1. General

1.1  sameureka is a company incorporated under the laws of india, with its registered office at plot no -164, nigamananda nagar, gobind prasad area, bomikhal, bhubaneswar – 751010, odisha, india and having cin --u74999or2016ptc026054. 

Sameureka is an intermediary in the form of an online marketplace and is limited to managing the website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered, referred as  ("Products"), and other incidental services thereto referred as ("Services") including use of the website by any user.

1.2 these terms of use are subject to revision by sam infoedge at any time and hence the users are requested to carefully read these terms of use from time to time before using the website. The revised terms of use shall be made available on the website. You are requested to regularly visit the website to view the most current terms of use. In the event such a facility is provided on the website, you can determine when mithaiwaale last modified any part of the agreement by referring to the "Last updated" legend provided in that document. It shall be your responsibility to check these terms of use periodically for changes. Mithaiwaale may require you to provide your direct or indirect consent to any update in a specified manner before further use of the website and the services. If no such separate consent is sought, your continued use of the website and/or services, following such changes, will constitute your acceptance of those changes.

1.3 if there is any conflict:

(I) between the privacy policy and any other agreement, the privacy policy shall take precedence' but only to the extent of the conflict;

(ii) between the additional service terms and any other part of these terms of use, the additional service terms shall take precedence in relation to that service;

(iii) between the seller agreement and any other part of these terms of use, the seller agreement shall take precedence but only to the extent of the conflict;

(iv) between these terms of use and any other notices, disclaimers or guidelines appearing on the website, these terms of use shall take precedence but only to the extent of the conflict.


2. Services

2.1 The Website is anelectronic platform in the form of an electronic marketplace and anintermediary that

(a) provides a platform for Users (who are sellers) toadvertise, exhibit, make available and offer to sell various Products to otherUsers (who are buyers / customers), and

(b) a platform for such other Users toaccept the offer to sell of the Products made by the sellers on the Website andto make payments to the sellers for purchase of the Products, and

(c) servicesto facilitate the engagement of buyers and sellers to under commerce on theWebsite, and

(d) such other services as are incidental and ancillary thereto.The Services are offered to the Users through various modes which may includeissue of coupons and vouchers that can be redeemed for various Products.


3. Eligibility to Use

3.1 the services are not available to minors under the age of eighteen (18) or to any users suspended or removed from the mithaiwaale system by mithaiwaale for any reason whatsoever. If you are disqualified as per the preceding sentence, you shall not be permitted to avail of the services or use the website. You represent that you are of legal age to form a binding contract and are not a person barred from receiving the services under the laws as applicable in india. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, please read through these terms of use with your parent or legal guardian, and in such a case these terms of use shall be deemed to be a contract between mithaiwaale and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you.

3.2 mithaiwaale reserves the right to refuse access to use the services offered at the website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

3.3 you shall not have more than one active account (defined hereunder) on the website. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another person. 

4. User Account,Password, and Security

4.1 you may access and use the website and the services either as a registered user or as a guest user. However, not all sections of the website and services will be accessible to guest users.

4.2 registered users: mithaiwaale makes certain sections of the services available to you through the website only if you have provided mithaiwaale certain required user information and created an account and a mithaiwaale id through certain log-in id and password ("Account"). You can create your account on the website through logging in by your third party website user id and password including that of www.Facebook.Com, websites owned by yahoo inc. Or its subsidiaries, google inc. Or its subsidiaries, twitter or any other social media website or any other internet service as permitted on the website (mithaiwaale id and/or other third party login identification as provided above are individually and collectively referred to the "Account information").

In the event you register as a user by creating an account in order to avail of the services provided by the website, you will be responsible for maintaining the confidentiality and security of the account information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify mithaiwaale of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mithaiwaale cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by mithaiwaale or any other user of or visitor to the website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.

You shall ensure that the account information provided by you in the website's registration form is complete, accurate and up-to-date. Use of another user's account information for availing the services is expressly prohibited.

If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or mithaiwaale has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, mithaiwaale has the right to suspend or terminate your account and refuse any and all current or future use of the website / services (or any portion thereof).

4.3 guest users: the website also allows limited access to the services for unregistered users (also called as 'guest users'). Such users will be able to browse the website and use the services for the purpose of purchasing goods, and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

4.4 depending upon whether you are a seller or a buyer or another user who otherwise wish to use the website, and the nature of services you wish to avail from the website, you may be required to provide certain personal information and mithaiwaale may collect certain personal information. Your provision of, and mithaiwaale's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by mithaiwaale's privacy policy, which is available at http://www.Mithaiwaale.Com/page/terms ("Privacy policy").

5. Payments relatedInformation

5.1 Presently, Mithaiwaaledoes not levy any fee for browsing the Website or buying the Products on theWebsite. Mithaiwaale may charge Users certain fees for the use of the Websiteand Services as a whole, or certain features of the Website / Services. Youagree to pay any such fees, as may be applicable to the Services that You use. Mithaiwaalewill try to ensure that You are made aware of the applicability of any fees fora particular use of the Website / Services, as well as the amount of feespayable by You for any such use of the Website / Service. You agree that Mithaiwaalemay, at any time, charge, modify or waive fees required to use the Website.Your continued use of the Website / Services after such change in the fees willbe considered to be Your acceptance of such changes, and the applicability ofthese Terms of Use to such changes.

5.2 You agree toprovide correct and accurate financial information, such as credit/debit carddetails to the approved payment gateway or pre-paid payment instrument accountdetails for availing Services on the Website. You shall not use thecredit/debit card or pre-paid payment instrument which is not lawfully owned byYou, i.e. in any transaction, You must use Your own credit/debit card orpre-paid instrument account. The information provided by You will not beutilized or shared with any third party unless required in relation to fraudverifications or by law, regulation or court order or in accordance with theterms of the Privacy Policy. You will be solely responsible for the securityand confidentiality of Your credit/debit card details or pre-paid instrumentaccount. Mithaiwaale expressly disclaims all liabilities that may arise as aconsequence of any unauthorized use of Your credit/ debit card or pre-paidinstrument account.

5.3 Mithaiwaale mayhave existing arrangements with its banks, regarding limits on the amounts Youcan pay (if You are a buyer) or receive (if You are a seller) in the course ofa single transaction. Mithaiwaale will work towards ensuring that You are madeaware of such limits if they may be applicable to You. However, Mithaiwaale shallbe under no liability whatsoever in respect of any loss or damage arisingdirectly or indirectly out of the decline of authorization for any transaction,on account of You/cardholder having exceeded the preset limit mutually agreedby Mithaiwaale with its bank from time to time.

5.4 For Your makingpayments for buying the Products on the Website, in addition to theAgreement(s), the terms and conditions of Your bank, applicable financialinstitution and/or card issuing association may also be applicable to You. Yourbank, financial institution or card issuing association may decline or preventYou from making electronic payments for buying the Products on Website and Mithaiwaaledoes not control the same and shall be liable for the same.

5.4 Payment Facilityfor Your orders: Mithaiwaale may from time to time contract with third partypayment service providers including banks to open nodal bank account underapplicable Indian laws, to facilitate the payment between Users i.e. buyers andsellers and for collection of Mithaiwaale's fees and other charges. These thirdparty payment service providers may include third party banking or credit cardpayment gateways, payment aggregators, pre-paid instruments, cash on deliveryor demand draft / pay order on delivery service providers, mobile paymentservice providers or through any facility as may be authorized by the ReserveBank of India for collection, refund and remittance, as the case may be ofpayment or supporting the same in any manner. Mithaiwaale shall initiate theremittance of the payments made by Your for Your purchase orders on the Websiteafter the Products are delivered to You and the date of completion oftransaction shall be after the Products are delivered to You and such otheradditional time as may be agreed between Mithaiwaale and sellers.


6. User Obligations AndRole Of Mithaiwaale

6.1 Subject tocompliance with the Agreement(s), Mithaiwaale grants You a non-exclusive,non-sub-licensable, non-transferable, revocable, and limited right to accessand use this Website and the Services provided therein.

6.2 You agree to usethe Services, Website and the Content (as defined herein) provided therein onlyfor purposes that are permitted by: (a) the Agreement(s) (including these Termsof Use); and (b) any applicable law.

6.3 You agree toadhere to all limitations on dissemination, use and reproduction of anymaterials (such as the Product catalogues) that Your access on the Website inaccordance with clause 7.

6.4 You agree not toaccess (or attempt to access) the Website or Services by any means other thanthrough the interfaces that are provided by Mithaiwaale. You shall not use anydeep-link, robot, spider or other automatic device, program, algorithm ormethodology, or any similar or equivalent manual process, to access, acquire,copy or monitor any portion of the Website or Content (as defined below), or inany way reproduce or circumvent the navigational structure or presentation ofthe Website, to obtain or attempt to obtain any materials, documents orinformation through any means not specifically made available through theWebsite.

6.5 If you believethat any Content or User Content (as defined herein) or other content availableon the Website does not comply with the terms of the Agreement(s) or applicablelaw, You may report such content in the manner prescribed under clause 14herein.

6.6 The Website mayallow you to post certain content, data or information of Your own such asallowing You to rate Products, seller, post your comments, and reviews inrelation to Products on specific pages of the Website, as well as submit anysuggestions, comments, questions or other information to Mithaiwaale using theWebsite / Services (collectively referred to "User Content"). You,being the originator of the User Content, are responsible for the User Contentthat You upload, post, publish, transmit or otherwise make available on theWebsite. You represent that you have obtained all relevant consents andapprovals in order to post any User Content. You further represent that allsuch User Content will be in accordance with applicable law. You acknowledgethat Mithaiwaale does not endorse any User Content on the Website and is notresponsible or liable for any User Content. Mithaiwaale reserve the right todisable access to the User Content on the Website.

6.7 You hereby grant Mithaiwaalea perpetual, non-revocable, worldwide, royalty-free and sub-licensable rightand license to use, copy, distribute, display, publish, transmit, makeavailable, reproduce, modify, adapt the User Content and create derivate worksof the User Content. You represent and warrant that You own or otherwisecontrol all of the rights to the User Content that You post or that Youotherwise provide on or through the Website; and that, as at the date that theUser Content is posted or submitted on the Website: (i) the User Content isaccurate; (ii) use of the User Content You supply does not breach these Termsof Use; and (iii) that such User Content is lawful.

6.8 You agree,understand and acknowledge that the Website is an electronic platform in theform of an electronic marketplace and an intermediary that provides anelectronic venue where various Users may electronically meet and interact witheach other to engage in commerce and transact. You further agree andacknowledge that Mithaiwaale is only a facilitator and is not and cannot be aparty to or control in any manner any advertisement, exhibition, makingavailable, offer to sell or transactions of sale or purchase of Products on theWebsite. Mithaiwaale is not the seller of the Products. Accordingly, anycontract for the sale / purchase of Products on the Website is a bipartitecontract between You and the sellers (if You are a buyer) or You and the buyer(if You are a seller). Mithaiwaale neither recommends You to buy or sell anyProducts on the Website nor does Mithaiwaale endorses any such Products and nordoes Mithaiwaale provides any guarantee, warranties or assurance with respectto the advertisement, exhibition, making available, offer to sell ortransactions of sale or purchase of Products on the Website. Further, Mithaiwaaledoes not guarantee, warranty or provide any assurance on the behaviour of anyUser of the Website including any guarantee, warranty or assurance that anyUser (whether buyer or seller) will complete any transaction or act in aprudent manner.

6.9 When you use theWebsite and/or the Services You specifically undertake not to host, display,upload, modify, publish, transmit, update or share any information or Contentthat: