Terms & Conditions

TERMS AND CONDITIONS

Welcome to mjvaluemart.com an initiative by mjunction services limited.

mjvaluemart.com provides website features to you subject to your acceptance of the terms & conditions of the website. Please read them carefully before you enter into any transaction with respect to the website, services, product etc. When you use/access any current or future mjvaluemart.com service you also deemed to have accepted the product/services specific terms & conditions and will be subject to the guidelines, terms and agreements ("Terms") as applicable to such service or product. You are cautioned not to access/use/transact the services/product if you do not agree to any of the "Terms".

The terms and conditions of this notice are in addition to the terms and conditions which are product specific.

Please be advised to read our policy on Privacy and Disclaimer, which also governs your visit to mjvaluemart.com.

1. Communication

When you visit mjvaluemart.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us. We will communicate with you by e-mail or by posting notices on this site or through SMS/call. You agree that all agreements, notices, disclosures and other communications that we provide to you satisfy any legal requirement that such communications be in writing.

2. Registration

In order to avail of and use the Services, you are required to be registered with mjvaluemart.com. As a part of registration process, you agree to provide update, complete, and accurate information and update this information as required to keep it current, complete and accurate.

You will be denied access to mjvaluemart.com if any information provided by you is untrue, inaccurate not current or incomplete or mjvaluemart.com reasonably suspect that such information is untrue, inaccurate, not current or incomplete. In such case mjvaluemart.com may at its discretion may suspend your membership for indefinite period or even terminate your membership.

You shall be responsible for maintaining the confidentiality of your password.

You agree and understand that mjvaluemart.com services are supported by advertisements and you allow mjvaluemart.com the right to disclose the aggregate Registration Data to third parties in connection with marketing the services. Furthermore, you agree and grant mjvaluemart.com the right to use your individual Registration Data to provide for targeting of advertisements and other service offers to you.

You shall notify to our customer support department of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

Any information received from you by us for the purpose of (1) registration (2) buying or listing process (3) feedback shall be construed to mean "your information". Your Information will be protected in accordance with our policy on Privacy. Your access and use of the website amount to your acceptance of all the terms as available on the website from time to time and you are under contractual obligation to maintain the confidentiality of your account and Password. You accept responsibility for all activities that occur under your account or Password. mjvaluemart.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

3. Online Ecommerce Portal

You agree, understand and acknowledge that mjvaluemart.com is an online e-commerce portal, a platform enabling the users to show interest and buy any product listed on mjvaluemart.com by observing and adhering to the terms and conditions as prescribed on the website including product specific terms. You further agree and acknowledge that mjvaluemart.com facilitates and provides online internet based platform to third party to sale their product. You further agree understand and acknowledge that mjvaluemart.com is not liable for any sale and purchase of goods/products listed on this Site.

4. Product Description

The information and images provided on mjvaluemart.com are on the basis of information and images provided by Sellers of these products. mjvaluemart.com is not responsible for any inaccuracy or errors in product, description, price or any other information. Similarly any statement on the website is of the source from where such statement has originated and mjvaluemart.com is neither responsible nor liable for any such statement and does not represent the view of mjvaluemart.com

You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and have made necessary enquiry to satisfy yourself and are using your best and prudent judgment before entering into any transaction through this Site.

mjvaluemart.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Sellers of the Product and the Buyer. At no time shall any right, title or interest over the items vest with mjvaluemart.com nor shall mjvaluemart.com have any obligations or liabilities in respect of such contract. mjvaluemart.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, not original or authorized, or otherwise unavailable.

mjvaluemart.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

mjvaluemart.com is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users and / or Users and Sellers.

You understand and agree that the products are sold on the Site by third party Sellers and mjvaluemart.com does not control the transactions or the acts and omissions of the Sellers in such transactions.

mjvaluemart.com is not responsible for any non-performance or breach of any contract entered into between you and the Sellers. mjvaluemart.com cannot and does not guarantee that the Sellers will perform any transaction concluded on the Site.

mjvaluemart.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 Sellers. In particular, mjvaluemart.com does not implicitly or explicitly support or endorse the sale of any items or services on the Site. mjvaluemart.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties. You release and indemnify mjvaluemart.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Sellers 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, mjvaluemart.com cannot control the information provided by other Sellers, which is made available on the Site.

You may find other Sellers’ 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 pretense.

5. Buyer Terms

1. Definitions:

1. The words “Portal”, “Website” “eMarketplace” used hereunder are synonymous and shall mean and be construed as the same thing i.e. mjunction’s eMarketplace.

2. The words “Buyer”, “Buyers”, “You”, “User”, “Registered User” used hereunder are synonymous and shall mean and be construed as the same.

2. Registration:

1. mjunction services limited’s (“mjunction”) Portal / e-marketplace / website can be used only by those users who get registered by providing Registration Data (as defined hereinafter) on the registration page in the Portal. Such “User” shall be referred to as “Registered User”. The Registered User shall be allotted a unique identification user name (“User ID”) and password (“Password”) for accessing the Portal.

2. Being a registered User, you represent that you are duly authorized to accept the terms and conditions of this Agreement and you have the authority to bind yourself and / or your company to this Agreement.

3. Membership Eligibility and Validity

1. The Registered User represents that it can form legally binding contracts under the provisions of the Indian Contract Act, 1872.

1. The following KYC details and document to be mandatorily submitted:

1. For Companies / LLP / OPC: PAN Card, Certificate of Incorporation, LLPIN, GST Registration Certificate, Importer Exporter Code – IEC (only for exporters).

2. For Individuals / Sole Proprietors: PAN Card of Sole Proprietorship, PAN card of Individual, Aadhaar Card, Valid Passport.

3. For Partnerships: PAN Card of Partnership, Partnership Document, IEC (only for exporters).

3. If the above representation is found to be incorrect, mjunction reserves the right to terminate at its sole discretion, the User’s membership and refuse to provide User with access to the Website.

4. Membership shall be valid for such term as selected by the member at the registration page. User will be provided reminder emails for renewal, in their registered email ID 30 days prior to the end date of such membership in order to enable the User to make timely renewal upon deposit of requisite renewal fee.

5. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability towards a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent or illegal activity; or (c) your use of the Services has harmed or our controls identify that it might harm other sellers, customers, or users of mjunction’s portal or their legitimate interest. We will promptly notify you of any such termination or suspension via email, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that of clauses 4, 7 and 11 hereunder, which shall survive even after termination.

4. Personal Data of User

The personal information / data provided to us by you during the course of usage of the e-marketplace will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

5. Limitation of Liability

1. You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website. You further agree and acknowledge that mjunction is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on mjunction’s portal.

2. mjunction will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and mjunction when you commenced using the website.

3. The website is provided by mjunction on an “as is” and “as available” basis. mjunction makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. mjunction reserves the right to withdraw or delete any information from this site at any time in its discretion.

6. Terms of Use of the Website and Portal

The use of the Website/ Portal by the User is subject to the following obligations:

1. User is responsible for maintaining the confidentiality User ID and Password (as also that of “secret question”/ “secret answer” combination) and for restricting access to User’s computer, computer system and computer network and User shall be held responsible for all activities that occur using the said User ID and Password.

2. User agrees, inter alia, to:

1. Provide true, accurate, current and complete information about User as prompted by mjunction's registration form in the Portal (such information being the "Registration Data");

2. The User ID must not include any contact details of User such as email addresses etc.;

3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete;

4. User understands and agrees to continually change the password (as also that of “secret question”/ “secret answer” combination) and keep it confidential.

3. If User provide any information that is untrue, inaccurate, not current or incomplete or mjunction has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Agreement, mjunction has the right to indefinitely suspend or terminate User’s membership with the Portal without any further reference.

4. User agrees that mjunction shall not be held responsible in any way for any loss that may be suffered by User as a result of disclosure of the password to any other person by User or any other person.

5. User understands and agrees that mjunction merely provides hosting services to its User and/or persons browsing/ visiting the Website/ Portal. All items advertised/ listed in the Portal and the contents therein are advertised and listed by Registered Users and is third party user generated content. mjunction neither originates nor initiates the transmission nor selects the sender and receiver of the transmission of the information. mjunction shall not be held liable for any consequence of reliance upon/ use of such content.

6. User understands, agrees, undertakes and confirms that User’s use of the Website shall be strictly governed by the following binding principles:

1. User is solely responsible for User Information ("User Information" is defined as any information User provides to mjunction or other users of the Website/ Portal in the registration, bidding, buying or listing process, in the feedback area or through any e-mail feature), and mjunction acts only as a passive conduit for User’s online distribution and publication of User Information.

2. User Information (or any items listed):

1. shall not be false, inaccurate or misleading;

2. shall not be fraudulent or involve the sale of counterfeit or stolen items;

3. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;

4. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force (including without limitation the Information Technology Act, 2000).

5. shall not, directly or indirectly, offer, attempt to violate any provisions under Competition Act, 2002.

6. shall not, directly or indirectly attempt to violate any provisions under the Indian Penal Code, 1860.

7. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

8. shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

9. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

10. shall not create liability for mjunction or cause mjunction to lose (in whole or in part) the services of its ISPs or other suppliers; and

11. shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, and the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954.

12. mjunction will only use User Information in accordance with the Agreement.

13. User represents and confirms that User shall be the sole and exclusive legal owner of all items, goods or products of any description that User offers for sale on the Website/ Portal. User shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.

14. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this Agreement or applicable law comes to User’s knowledge, User shall take all steps to inform mjunction of the same. User may contact mjunction at the address of the contact person provided below.

mjunction services,

3rd godrej waterside tower 1, DP Block, Sector V, Bidhannagar, Kolkata, West Bengal 700091

033 6610 6100

3. User shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased through the Website/ Portal.

4. User shall comply with all applicable domestic and international laws (including, but not limited to GST, Income Tax, Central Excise, Custom Duty, Local Levies and other applicable taxes) regarding User’s use of the Website/ Portal and bidding, listing, purchase, and sale of items or services through the Website/ Portal.

5. User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or export regulations for the time being in force.

6. User shall be responsible for providing information relating to the items or services proposed to be sold or bought by User. In this connection, User undertakes that all such information shall be accurate in all respects. User shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users in any manner.

7. A Registered User that has been indefinitely suspended may not register or attempt to register with mjunction or use the Website in any manner whatsoever until such time that such Registered User is reinstated by mjunction.

8. mjunction shall not be liable for any direct or indirect losses of any user, caused in account of faulty internet service, malwares, adwares, viruses or any other software related glitches of the User. It is the sole responsibility of the User to make sure that IT hardware and software configurations used are as per the specifications stated in “System Requirements” hereunder.

8. Indemnification

You shall indemnify and hold harmless mjunction, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You hereby expressly release mjunction and / or its affiliates and / or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

9. Communication

You consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and / or your order placed on the website.

10. Access

mjunction will take utmost care to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. User’s access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. mjunction will attempt to limit the frequency and duration of any such suspension or restriction.

11. Deactivation Policy

User can chose to deactivate account and on such deactivation the User will no longer be able to access the website or connect with any other user of the website. Deactivation will not entitle the user to any refund of registration fee paid at the time of registration. All past credentials of the user will no longer be valid after deactivation. The User may resume using the website and its services after obtaining a fresh registration as a new user.

12. Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kolkata.

13. Deactivation Policy

User can chose to deactivate account and on such deactivation the User will no longer be able to access the website or connect with any other user of the website. Deactivation will not entitle the user to any refund of registration fee paid at the time of registration. All past credentials of the user will no longer be valid after deactivation. The User may resume using the website and its services after obtaining a fresh registration as a new user.

14. Force Majeure

mjunction will not be liable for any delay or failure to perform any of its obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

15. System Requirements

The following are the minimum system requirements for accessing the website:

Browsers:

Google Chrome 75.x and above

Mozilla Firefox 67.x and above

Internet Explorer 11 and above

Microsoft Edge version 79.0. and above

The website is responsive between the following screen resolutions,

480px to 1920px

6. Seller Terms

TERM AND CONDITIONS

16. Definitions:

1. The words “Portal”, “Website” “eMarketplace” used hereunder are synonymous and shall mean and be construed as the same thing i.e. mjunction’s eMarketplace.

2. The words “Seller”, “Sellers”, “You”, “User”, “Registered User” used hereunder are synonymous and shall mean and be construed as the same.

17. Registration:

1. The Portal can be used only by those users who get registered by providing Registration Data (as defined hereinafter) on the registration page in the Portal. Such “User” shall be referred to as “Registered User”. The Registered User shall be allotted a unique identification user name (“User ID”) and password (“Password”) for accessing the Portal.

2. If User is registering as a business entity, User represents that it is duly authorized to accept the terms and conditions of this Agreement and User has the authority to bind itself to this Agreement.

18. Membership Eligibility and Validity

1. The Registered User represents that it can form legally binding contracts under the provisions of the Indian Contract Act, 1872.

2. The following KYC details and document to be mandatorily submitted:

4. For Companies / LLP / OPC: PAN Card, Certificate of Incorporation, LLPIN, GST Registration Certificate, Importer Exporter Code – IEC (only for exporters).

5. For Individuals / Sole Proprietors: PAN Card of Sole Proprietorship, PAN card of Individual, Aadhaar Card, Valid Passport.

6. For Partnerships: PAN Card of Partnership, Partnership Document, IEC (only for exporters).

3. If the above representation is found to be incorrect, mjunction reserves the right to terminate at its sole discretion, the User’s membership and refuse to provide User with access to the Website.

4. Membership shall be valid for such term as selected by the member at the registration page. User will be provided reminder emails for renewal, in their registered email ID 30 days prior to the end date of such membership in order to enable the User to make timely renewal upon deposit of requisite renewal fee.

5. The term of this Agreement will start on the date of your completed registration for the Services and continue until terminated by us or you as provided below. You may at any time terminate your use of the Services immediately on notice to mjunction through the portal.

6. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability towards a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent or illegal activity; or (c) your use of the Services has harmed or our controls identify that it might harm other sellers, customers, or users of mjunction’s portal or their legitimate interest. We will promptly notify you of any such termination or suspension via email, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that of clauses 8, 9 and 10 hereunder, which shall survive even after termination.

19. Terms of Use of the Website and Portal

The use of the Website/ Portal by the User is subject to the following obligations:

1. User is responsible for maintaining the confidentiality User ID and Password (as also that of “secret question”/ “secret answer” combination) and for restricting access to User’s computer, computer system and computer network and User shall be held responsible for all activities that occur using the said User ID and Password.

2. User agrees, inter alia, to:

5. Provide true, accurate, current and complete information about User as prompted by mjunction's registration form in the Portal (such information being the "Registration Data");

6. The User ID must not include any contact details of User such as email addresses etc.;

7. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete;

8. User understands and agrees to continually change the password (as also that of “secret question”/ “secret answer” combination) and keep it confidential.

3. If User provide any information that is untrue, inaccurate, not current or incomplete or mjunction has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Agreement, mjunction has the right to indefinitely suspend or terminate User’s membership with the Portal without any further reference.

4. User agrees that mjunction shall not be held responsible in any way for any loss that may be suffered by User as a result of disclosure of the password to any other person by User or any other person.

5. User understands and agrees that mjunction merely provides hosting services to its User and/or persons browsing/ visiting the Website/ Portal. All items advertised/ listed in the Portal and the contents therein are advertised and listed by Registered Users and is third party user generated content. mjunction neither originates nor initiates the transmission nor selects the sender and receiver of the transmission of the information. mjunction shall not be held liable for any consequence of reliance upon/ use of such content.

6. User understands, agrees, undertakes and confirms that User’s use of the Website shall be strictly governed by the following binding principles:

9. User is solely responsible for User Information ("User Information" is defined as any information User provides to mjunction or other users of the Website/ Portal in the registration, bidding, buying or listing process, in the feedback area or through any e-mail feature), and mjunction acts only as a passive conduit for User’s online distribution and publication of User Information.

10. User Information (or any items listed):

15. shall not be false, inaccurate or misleading;

16. shall not be fraudulent or involve the sale of counterfeit or stolen items;

17. shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;

18. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force (including without limitation the Information Technology Act, 2000).

19. shall not, directly or indirectly, offer, attempt to violate any provisions under Competition Act, 2002.

20. shall not, directly or indirectly attempt to violate any provisions under the Indian Penal Code, 1860.

21. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

22. shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

23. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

24. shall not create liability for mjunction or cause mjunction to lose (in whole or in part) the services of its ISPs or other suppliers; and

25. shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, and the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954.

26. mjunction will only use User Information in accordance with the Agreement.

27. User represents and confirms that User shall be the sole and exclusive legal owner of all items, goods or products of any description that User offers for sale on the Website/ Portal. User shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.

28. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this Agreement or applicable law comes to User’s knowledge, User shall take all steps to inform mjunction of the same. User may contact mjunction at the address of the contact person provided below.

mjunction services,

3rd godrej waterside tower 1, DP Block, Sector V, Bidhannagar, Kolkata, West Bengal 700091

033 6610 6100

11. User shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased through the Website/ Portal.

12. User shall comply with all applicable domestic and international laws (including, but not limited to GST, Income Tax, Central Excise, Custom Duty, Local Levies and other applicable taxes) regarding User’s use of the Website/ Portal and bidding, listing, purchase, and sale of items or services through the Website/ Portal.

13. User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or export regulations for the time being in force.

14. User shall be responsible for providing information relating to the items or services proposed to be sold or bought by User. In this connection, User undertakes that all such information shall be accurate in all respects. User shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users in any manner.

15. A Registered User that has been indefinitely suspended may not register or attempt to register with mjunction or use the Website in any manner whatsoever until such time that such Registered User is reinstated by mjunction.

16. mjunction has the right to determine, the design, content, functionality, availability and appropriateness of its marketplace, websites, selection and any product or listing on the e-marketplace and all aspects of each Service, including your use of the same. mjunction may assign any of these rights or delegate any of its responsibilities.  

17. mjunction shall not be liable for any direct or indirect losses of any user, caused in account of faulty internet service, malwares, adwares, viruses or any other software related glitches of the User. It is the sole responsibility of the User to make sure that IT hardware and software configurations used are as per the specifications stated in “System Requirements” hereunder.

20. Selling Terms, Returns and Refunds, Product issues

1. All Products sold through the eMarketplace would be on ‘As is where is’ Basis.

2. You should be responsible for the authenticity of the information mentioned on the eMarketplace. You shall be solely liable for any deviation whatsoever of the actual product from the information provided on the website.

3. You shall allow the Buyer to return the product within seven (7 days) of delivery thereof, if the Buyer is able to substantiate that the delivered product is different from the information provided on the website by the Seller or the product was damaged in transit.

4. Return Requests by Buyers would be placed to mjunction and mjunction would reach out to you to resolve the issues amicably. Such a Return Request would be accepted only if the Buyer is able to substantiate that the delivered product is different from the information on the website by the Seller or the product was damaged in transit.

5. You shall process refund to the Buyer in case a Return Request is approved.

6. mjunction shall assist you to arrange for the reverse logistics of the returnable products and all Forward and Reverse Logistics to that effect shall be borne by you.

7. As a registered user, you will: (a) sell your Products, in each case in accordance with the terms of the applicable Order Information, these Service Terms and the Agreement, and all terms provided by you and displayed on mjunction’s web-portal at the time of the order and be solely responsible for and bear all risk for such activities; (b) package each of Your Products in a commercially reasonable manner and ship each of Your Products on or before its Estimated Ship Date; (c) retrieve Order Information at least once each Business Day; (d) not cancel any of Your Transactions except as may be permitted pursuant to your terms and conditions appearing on the mjunction’s website at the time of the applicable order (which terms and conditions will be in accordance with this Agreement) or as may be required under this Agreement; ;; (h) notwithstanding any other provision of these Service Terms, ensure that you are the seller of all products made available for listing for sale hereunder; (i) include an order-specific packing slip within each shipment of Your Products; (j) identify yourself as the seller of the product on all packing slips or other information included with Your Products and as the Person to which a customer may return the applicable product; and (k) not send customers emails confirming orders or shipments of Your Products (except that to the extent we have not yet enabled functionality for Your Account that allows payment to be processed on the basis of when shipment occurs, then you will send customers emails confirming shipment of Your Products in a format and manner reasonably acceptable to us).

8. You will accept and process returns, refunds and adjustments in accordance with these Service Terms

21. Personal Data of Customer

The Registered User shall not use any customer personal data (including contact information) for any purpose other than fulfilling orders or providing customer service in connection with a Service. Generally, the registered user may not use such data in any way inconsistent with applicable law. The registered user must keep customer personal data confidential at all time.

22. Fees, Remittances and Taxes

1. The Registered User shall be allotted a unique identification user name (“User ID”) and password (“Password”) for accessing the Portal subject to payment of an amount of Rs. (“Registration Fee”) 10,000

2. Registration Fee once paid to mjunction is not refundable at any time. Deactivation of Membership will not entitle a user to retroactively seek refund of Registration Fee.

3. mjunction does not charge any fee for browsing.

4. All payments to Sellers shall be routed through mjunction (in compliance with the provisions of Income Tax, 1962 and as amended from time to time).

5. Payments received by mjunction shall be remitted to the Seller after expiry of fourteen (14) days of product delivery.

6. All remittances to the Sellers shall be made after deducting mjunction’s service commission at a percentage of product value as mutually agreed between the seller and mjunction.

7. For value added services, the Sellers will have to pay such additional fees as may intimated by mjunction from time to time.

8. mjunction reserves the right to levy service charges, with prior intimation, for additional services made available on its portal / website as required by the registered user from time to time.

9. Taxes

User is responsible for paying all applicable taxes, charges, cess, etc. associated with the use of the Website/ Portal and activities carried out through the Website/ Portal.

10. Non Payment 

In the event of non-payment of the service charges by the User to mjunction, mjunction reserves the right to issue a warning, temporarily/ indefinitely suspend or terminate User’s membership of the Website and refuse to provide User with access to the Website. mjunction also reserves the right to take appropriate legal action in such cases.

23. Access

mjunction will take utmost care to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. User’s access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. mjunction will attempt to limit the frequency and duration of any such suspension or restriction.

24. Indemnification

    1. You release mjunction from, and agree to indemnify, defend and hold harmless mjunction (and its officers, directors, employees, agents and Affiliates) against, any third party claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to: (a) your actual or alleged breach of any representations you have made; (b) any sales channels owned or operated by you, Your Products including the offer, sale, fulfilment (except to the extent attributable to the Fulfilment by mjunction, if any), refund, cancellation, adjustments, or return thereof), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by mjunction) or property damage related thereto; or (c) Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) your non-compliance with applicable laws.

2. mjunction’s indemnification obligations: mjunction will defend, indemnify, and hold harmless you and your officers, directors, employees and agents against any third-party Claim arising from or related to: (a) mjunction’s non-compliance with applicable laws; or (b) allegations that the operation of mjunction e-marketplace infringes or misappropriates that third party’s intellectual property rights.

25. Limitation of Liability

mjunction will not be liable (whether in contract, warranty, tort, delict (including negligence, product liability, any type of civil responsibility or other theory or otherwise) to you or any other person for cost of cover, recovery or recoupment of any investment made by you or your affiliates in connection with this agreement, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this agreement, even if mjunction has been advised of the possibility of such costs or damages. Further, except in case of gross negligence or wilful misconduct, mjunction’s aggregate liability arising out of or in connection with this agreement or the transactions contemplated hereby will not exceed at any time the total amounts during the prior six month period paid by you to mjunction in connection with the particular service and the mjunction’s e-marketplace giving rise to the claim.

26. Independent Contractors

The Registered User and mjunction are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. The Registered User will have no authority to make or accept any offers or representations on mjunction’s behalf. The Registered User will not make any statement, whether on your site or otherwise, that would contradict anything in this section. This Agreement will not create an exclusive relationship between the Parties.

27. Deactivation Policy

User can chose to deactivate account and on such deactivation the User will no longer be able to access the website or connect with any other user of the website. Deactivation will not entitle the user to any refund of registration fee paid at the time of registration. All past credentials of the user will no longer be valid after deactivation. The User may resume using the website and its services after obtaining a fresh registration as a new user.

28. Force Majeure

mjunction will not be liable for any delay or failure to perform any of its obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

29. Dispute Resolution and Jurisdiction

Any dispute or claim of any nature relating in any way to your use of any Services covered under this T&C will be adjudicated through arbitration, by a sole arbitrator to be appointed by mjunction. The arbitral proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or such statutory amendments thereof (“Arbitration Act”). The arbitration proceedings will be conducted in English and the venue of the arbitral proceedings shall be Kolkata, India. Each party agrees that courts in Kolkata will have the sole and exclusive jurisdiction over all arbitral applications. The fast track procedures under the Arbitration Act will apply to all proceedings as stipulated

30. System Requirements

The following are the minimum system requirements for accessing the website:

Browsers:

Google Chrome 75.x and above

Mozilla Firefox 67.x and above

Internet Explorer 11 and above

Microsoft Edge version 79.0. and above

The website is responsive between the following screen resolutions,

480px to 1920px

1.  

7. Confirmation

You understand, declare and agree that:

1. mjvaluemart.com shall not and is not required to mediate or resolve any dispute or disagreement between You and the Seller.

2. You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location or as communicated to you via established channels of communication. You further agree and acknowledge that mjvaluemart.com is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on mjvaluemart.com.

3. You release and indemnify mjvaluemart.com and/or any of its officers and representatives from any cost, damage, liability or other consequence and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, mjvaluemart.com cannot control the information provided by other Users which is made available on the Site.

4. That you will use the services provided by mjvaluemart.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.

5. You will provide authentic and true information in all instances where such information is requested of you. mjvaluemart.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, mjvaluemart.com has the right in its sole discretion to reject the registration and debar you from using the Services of mjvaluemart.com and / or other affiliated websites without prior intimation whatsoever.

6. 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

8. Pricing

While mjvaluemart.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. mjvaluemart.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, mjvaluemart.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 dispatched. In the event that an item is incorrectly priced, mjvaluemart.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If we have to cancel the order after we have processed the payment, the said amount will be reversed back through the original payment mode

You are not allowed to use the Site for any of the following purposes:

1. 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.

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 unauthorized 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.

9. Colours

mjvaluemart.com make every effort to display the colours of the products that appear on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, mjvaluemart.com discounts all warranties, guarantees and representation made in this respect.

10. Access

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

11. Modification/Terms & Conditions of the Service

mjvaluemart.com may at any time modify the User Agreement without any prior notification to you. You should regularly review the User Agreement on mjvaluemart.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.

12. Entire Agreement

This agreement constitute the entire agreement between mjvaluemart.com and you and supersede all prior agreements and understanding, oral and written and If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. mjvaluemart.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

13. Objectional Materials

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. mjvaluemart.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

14. Applicable Law

The use and access to the site and this agreement shall be governed in accordance with the laws of India. The Courts at Kolkata 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 a sole arbitrator who will be appointed by mjvaluemart.com 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 at Kolkata.

15. Site Security

You are strictly restrained from breaching, or attempting to breach the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are 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 other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, 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 email or newsgroup posting. Breach of system or network security may result in civil or criminal liability. mjvaluemart.com will investigate occurrences that may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such breaches. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from mjvaluemart.com on this Site.

16. Cancellation by Mjvaluemart.com/Sellers

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 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 receipt of payment, the collected payment would be returned to you through the original payment mode or bank transfer

17. Limitation of Liability & Disclaimer

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.

To the fullest extent permitted under applicable law, mjvaluemart.com or its client/sellers 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.

Mjvaluemart.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, mjvaluemart.com takes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.

18. Termination

This User Agreement is effective unless and until terminated by either you or mjvaluemart.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. mjvaluemart.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 mjvaluemart.com. Upon any termination of the User Agreement by either you or mjvaluemart.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. mjvaluemart.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.