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Terms and Conditions
  • Please take a few minutes to read through and familiarize yourself with our Terms and Conditions.
  • 1. ACCEPTANCE OF TERMS
  • 1.1 The term 'User' may refer to Seller and Users may refer to 'Seller' and 'Buyer' as and where applicable.
  • 1.2 The www.TheMiniMall.com ("Website") is a domain owned and operated TheMiniMall Web Private Limited ("TheMiniMall"), a company incorporated under the laws of India, with its registered office at
    608, Venus Atlantis Corporate Park,
    Prahladnagar,
    Satellite,
    Ahmedabad 380015,
    Gujarat-India
  • 1.3 This User Agreement ("Agreement") sets out the terms and conditions on which TheMiniMall shall provide the Services to the Users through the Website. The Users shall be deemed to have read, understood and accepted this Agreement, which may be updated or modified by TheMiniMall from time to time.
  • 1.4 The use of the Website is offered to the Users conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and as may be posted on the Website from time to time. This Agreement shall be effective and binding upon Users' 'acceptance'. 'Acceptance' shall mean Users' affirmative action in clicking on "I have read the Terms and Conditions and I accept them" box and on the Submit button as provided on the registration page. For removal of doubts, it is clarified that use of the Website by the Users constitutes an acknowledgement and acceptance by the Users of this Agreement. If the Users does not agree with any part of such terms, conditions and notices, the Users must not use the Website.
  • 1.5 TheMiniMall at its sole discretion reserves the right not to facilitate acceptance of any request by the users for listing, display or offering any products and services through the website without assigning any reason thereof. Any contract to provide any service by TheMiniMall is not complete until the entire consideration towards the service is received by TheMiniMall.
  • 2. MODIFICATION OF TERMS
  • 2.1 TheMiniMall reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The Users shall be responsible for regularly reviewing these terms and conditions.
  • 3. PRIVACY POLICY
  • 3.1 The Users hereby consent, express and agree that he/she have read and fully understood the Privacy Policy of TheMiniMall in respect of the Website, as set out in Privacy Policy. The Users further consent that the terms and contents of such Privacy Policy are acceptable to him/her.
  • 4. LIMITED USE/PROHIBITION AGAINST UNLAWFUL USE
  • 4.1 The Users agree and undertake not to buy, trade, resell or exploit for any commercial or non commercial purposes, any part of Service.
  • 4.2 As condition of the use of the Website, the Users warrant that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the Terms Of Services including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden, or impair the Website or interfere with any other party's use and/or enjoyment of the Website or cause any damage or hamper with the business of TheMiniMall. The Users shall refrain from obtaining or attempting to obtain any material or information through any means not intentionally made available or provided for or through the Website.
  • 4.3 "Users Information" is defined as any information provided to TheMiniMall in the registration, buying process, in the feedback area or through any e-mail feature. The Users are solely responsible for User Information, and TheMiniMall acts only as a passive conduit for Users' online distribution and publication of Users Information. TheMiniMall is in no way responsible for correctness or security of any Users information.
  • 4.4 The Users further agree and undertake not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted, provided that TheMiniMall's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, any copyright violation and unwarranted modification of data and information within the content of the Website is not permitted.
  • 4.5 No Advertising
    Any type or format of texts and graphics published by a User on the Website (offers, evaluations, entries as part of the "Questions and Answers function", etc.) or communicated in any other way through the Website shall not contain any form of advertising for products which the User is not currently, or in the immediate future, selling on the Website.
  • 4.6 No contractual conclusion outside of the Website.
    Any type or format of texts and graphics published by a User on the Website must not target contract conclusions outside of the Website, or directly or indirectly request the same.
  • 5. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
  • 5.1 All commercial/contractual terms are offered by and agreed to between the User and the Buyer alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and after sales services related to products. TheMiniMall does not have any control, or determines, or advises or in any way involves itself in the offering or acceptance of such commercial/contractual terms between the Buyer and the User. TheMiniMall shall not and is not required to mediate or resolve any dispute or disagreement between the User and the Buyer.
  • 5.2 TheMiniMall is a facilitator for the services at the website and acts only as an online platform. All the services offered to, through or via the website are provided on "as is" basis without any representation or warranty of any kind from TheMiniMall, either express or implied, including without limitation any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, quality, performance for any particular purpose or completeness.
  • 5.3 TheMiniMall's liability in any circumstance is limited only to the amount of fees, if any, paid by the User to TheMiniMall. TheMiniMall its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, TheMiniMall assumes no liability whatsoever for any monetary or other damage suffered by User on account of:
    • The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website
    • Any interruption or errors in the operation of the Website. Users expressly understand and agree that TheMiniMall shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TheMiniMall has been advised of the possibility of such damages). TheMiniMall shall not at any point of time during any transaction between the Buyer/ and the User on website come into or take possession of any of the products or services offered on the Website nor shall it at any point gain title to or have any rights or claims over the products or services offered by the User to the Buyer.
  • 5.4 At no time shall any right, title or interest over the products vest with TheMiniMall nor shall TheMiniMall have any obligations or liabilities in respect of such contract. TheMiniMall is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable. All products are offered by User are only for a restricted time and only for the available supply as offered by User.
  • 5.5 TheMiniMall is not liable for temporary unavailability of the Website, the failure of individual or all website functions, or incorrect functioning of the Website. TheMiniMall is particularly not liable for technical problems which cause offers or bids to be accepted or processed late or incorrectly, or not at all. TheMiniMall particularly does not guarantee that the system time clock will match an officially set time.
  • At any point of time TheMiniMall's Website may be temporarily unavailable, or only available to a limited extent, as a result of maintenance work or other reasons, without the Users being able to derive any claims against TheMiniMall for this.
  • 6. LINKS TO THIRD PARTY SITES
  • 6.1 Users understand and agree that TheMiniMall and the Website merely provide hosting services to its Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Users and are third party user generated contents. TheMiniMall neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects or modifies the information contained in the transmission. TheMiniMall has no control over the third party user generated contents.
  • The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TheMiniMall or the Website and TheMiniMall is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TheMiniMall is not responsible for any form of transmission, whatsoever, received by the Users from any Linked Site. TheMiniMall is providing these links to the Users only as convenience, and the inclusion of any link does not imply endorsement by TheMiniMall or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
  • 6.2 TheMiniMall is not responsible for any errors, omissions or representations on any Linked Site. TheMiniMall does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
  • 7. USE OF COMMUNICATION SERVICES
  • 7.1 The Website may contain services such as email, chat, bulletin board services, information related to various news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The Users agree and undertake to use the Communication Services only to post, send / receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the Users agree and undertake that when using a Communication Service, the Users will not:
    • (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
    • (b) publish, post, upload, distribute or disseminate any inappropriate, pornographic, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
    • (c) upload files that contain software or other material protected by intellectual property laws unless the Users own or control the rights thereto or have received all necessary consents;
    • (d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
    • (e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
    • (f) conduct or forward surveys, contests, pyramid schemes or chain letters;
    • (g) download any file posted by another user of a Communication Service that the Users know, or reasonably should know, cannot be legally distributed in such manner;
    • (h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • (i) violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
    • (j) violate any applicable laws or regulations for the time being in force in or outside India; and
    • (k) Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
  • 7.2 TheMiniMall has no obligation to monitor the Communication Services. However, TheMiniMall reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. TheMiniMall reserves the right to terminate the Users' access to any or all of the Communication Services at any time without notice for any reason whatsoever.
  • 7.3 TheMiniMall reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TheMiniMall's sole discretion.
  • 7.4 TheMiniMall does not control or endorse the content, messages or information found in any communication service and, therefore, TheMiniMall specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the Users' participation in any communication service.
  • 7.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Users are responsible for keeping themselves updated of and adhering to such limitations if they download the materials.
  • 8. TERMINATION OF AGREEMENT AND SERVICES/ACCESS RESTRICTION
  • 8.1 TheMiniMall reserves the right, in its sole discretion, to terminate access to the website and the related services or any portion thereof at any time, without any prior notice.
  • 8.2 The Users agree that TheMiniMall may under certain circumstances and without prior notice, immediately terminate the Users' user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the Users of this Agreement or the Privacy Policy, Buying and selling forbidden products, requests by enforcement or government agencies, requests by the Users, non-payment of fees owed by the User in connection with the Services as specified.
  • 8.3 This Agreement may be terminated by the User only through a written notice to TheMiniMall or by sending an email to TheMiniMall through www.theminimall.com/ContactUs as long as all the requirements below are met:
    The User's account status has been settled, i.e. there is no balance in favour of TheMiniMall.
    The User is not currently selling any products on the Website.
    Should the User object to any terms and conditions of this Agreement, or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify TheMiniMall of such discontinuance.
  • 8.4 Upon termination of the Service, User's right to use the Website/Services shall immediately cease. The User shall have no right and TheMiniMall shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later and the User shall have no right over the same.
  • 9. USER'S OBLIGATIONS AND USER'S ACCOUNT
  • 9.1 In consideration of use of the Website, the Users represent and confirm that the Users are of legal age to enter into a binding contract under Indian Contracts Act, 1872 and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If the User is registering as a business entity, Users should represent that he/she is duly authorized by the business entity to accept this Agreement and shall have the authority to bind that business entity to this Agreement.
  • 9.2 To avail a Service the Users have and must continue to maintain at her/his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The Users shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider's charges which are to be exclusively borne by the Users.
  • 9.3 The Users also understands that the Services may include certain communications from TheMiniMall as service announcements and administrative messages.
  • 9.4 Registration of the Users on the Website is optional. Only limited access to the Website is available to non-registered Users. Non-registered Users may not be permitted to avail the Services on the Website. In order to obtain increased access to the Website and to avail the Services the Users are required to register on the Website as a registered User. If the Users opt to register himself/herself on the Website, upon completion of the registration process, the Users shall receive a user id and password. The Users agree and undertake at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the Users agree not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party.
  • 9.5 The Users also agree and undertake to immediately notify TheMiniMall of any unauthorized use of the user id or user's password or and to ensure that the user logs off at the end of each session at the website. TheMiniMall shall not be responsible for any, direct or indirect loss or damage arising out of the Users' failure to comply with this requirement.
  • 9.6 The Users also agree to: (a) provide true, accurate and complete information about himself/herself and his/her beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or TheMiniMall has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TheMiniMall has the right to suspend or terminate the Users' registration and refuse any and all current or future use of the Website and/or any Service.
  • 9.7 Furthermore, the Users grant TheMiniMall the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
  • 9.8 Users agree to comply with all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding his/her use of TheMiniMall service and his/her bidding on, listing, purchase, solicitation of offers to purchase, and sale of products or services. Users agree to not engage in any transaction of product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  • 10. CONTRACTUAL EXECUTION BETWEEN USER AND BUYER
  • a) General
    Both User and Buyer agree and are obliged to comply with the contractual terms entered into between them, in its entirety and within the timelines given on the site. No User right of withdrawal exists and once a product has been uploaded on the site by the User he is bound by the terms of the site and cannot withdraw his offer to sell. Contractual execution is the User's and Buyer's business; fulfillment (execution) of the deal is governed by their respective contractual conditions. This particularly also applies for the due date of individual contractual services (i.e. from the time which the actual service can be demanded and also legally enforced). If the offer contains no regulations regarding the same, and the parties have also not agreed on anything between them, the following points shall apply:
  • b) Communication
    Each party must provide the other, within 14 calendar days of contract conclusion, with complete information which the other party requires to be able to fulfill the contract.
  • c) Withdrawal
    If a User does not render their due service despite being requested to do so, the Buyer is entitled to withdraw from the contract and reclaim any services already rendered from their end. This does not apply if an act done by the Buyers themselves led to the failure in rendering of the service by the User.
  • d) Product defects
    It is understood by the Buyer, that Pictures of the Products shown are merely indicative and are not an identical representation of the actual product.
  • In case any defect, which is not mentioned in the offer description, which drastically reduces or nullifies the product's value or serviceability for the designated purpose, comes into the notice of the Buyer, he/she must advise the User of this defect within 14 calendar days of product delivery in order to request for rectification at the User's expense. The same applies in case the product lacks a characteristic stated or does not contain the features as have been detailed in the offer description by the User. The above clause in no way restricts further warranty or guarantee rights.
  • 11. PAYMENT TERMS FOR THE USER
  • a) TheMiniMall will transfer payment to the seller only after they have received a confirmation for receipt of product from the Buyer. However TheMiniMall will not be liable for any claims or any other action whatsoever either from the User or Buyer or any third party arising out such transfer. In case of consumer goods, User on the Website may or may not specify the retail prices of the items being sold. Buyer is advised to independently verify the retail prices of such items if he/she so desires and TheMiniMall shall not in any way be responsible for the MRP stated on the Website and any fluctuations in this MRP for any reasons whatsoever.
  • b) TheMiniMall will be entitled to deduct such amount of fees as applicable, from the User, and then transfer payment to the User.
  • c) For orders placed by online payment once the POD is received by TheMiniMall (Either by the user or through the affiliated shipping company) it will verify the product being delivered to the buyers place and then release the user’s payment within 7 working days by the method seller chooses to receive the payment.
  • d) The payment collected via COD by the affiliated shipping company will be will be deposited to TheMiniMall and then paid to the user. For all the orders delivered between the 1st to the 15th of the month the payment will be made by the 25th of the same month and for all the orders delivered from the 16th to the 30th or 31st of the month will be made by the 10th of the next month.
  • e) All the payments to users will be made deducting TheMiniMall Fees, Other fees and charges if any and shipping charges fees. The payments will take its time to reach the retailer depending on the payment method chosen by the user.
  • f) In case of COD shipments executed by using TheMiniMall affiliated shipping company the payment is collected from the buyer and deposited by the shipping company with TheMiniMall which is then paid to the customer after deducting the 3% as COD charges, 2% as insurance charges and 2% as fees for TheMiniMall.
  • 12. BREACH
    Without prejudice to the other remedies available to TheMiniMall under this agreement or under applicable law, TheMiniMall may limit the Users activity, or end the Users listing, warn other Users of the Users actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
  • a) The Users are in breach of this agreement, the privacy policy and/or the documents it incorporates by reference;
  • b) TheMiniMall is unable to verify or authenticate any information provided by the Users; or
  • c) TheMiniMall believes that the Users actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Users, other users of the website and/or TheMiniMall.
  • 12.1 TheMiniMall may at any time in its sole discretion reinstate suspended Users. Once the User have been indefinitely suspended the Users may not register or attempt to register with TheMiniMall or use the website in any manner whatsoever until such time that the Users are reinstated by TheMiniMall. Notwithstanding the foregoing, if the Users breach this agreement, the terms of service or the documents it incorporates by reference, TheMiniMall reserves the right to recover any losses, damages, claims suffered or incurred by TheMiniMall and any amounts due and owing by the Users to TheMiniMall and to take legal action as TheMiniMall deems necessary.
  • 13 PROPRIETARY RIGHTS
  • 13.1 TheMiniMall may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by TheMiniMall and shall not copy, transmit or create derivative works of such material without express authorization from TheMiniMall.
  • 13.2 The User acknowledges and agrees that they shall not upload post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
  • 14. RELATIONSHIP
  • None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the Users contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the Users and TheMiniMall and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the Users authorize TheMiniMall and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the Users shall be deemed to have appointed TheMiniMall and its agents as their agent for this purpose. Further it is clarified that the use of or access to the Website or any facilities are not intended to create an agency, partnership, joint-venture or employer-employee or vendor-vendee relationship between the User, TheMiniMall and/or the Website.
  • 15. HEADINGS
  • The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the Terms Of Service or the right to use the Website by the Users contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
  • 16. INTERPRETATION OF NUMBER AND GENDERS
  • The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
  • 17. INDEMNIFICATION
  • The Users agree to indemnify, defend and hold harmless TheMiniMall and the website, TheMiniMall's parent, subsidiaries, affiliates, third parties and their respective officers, directors, agents and employees from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by TheMiniMall and/or the website that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Users pursuant to this agreement and/or the Terms of Service..
  • 18. SEVERABILITY
  • If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
  • 19. NOTICES
  • 19.1 All notices and communications (including those related to changes in the Terms of Service , Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
    • a) If to TheMiniMall, at 608, Venus Atlantis Corporate Park, Prahladnagar, Satellite, Ahmedabad 380015 Gujarat-India at the address posted on the Website.
    • b) If to non registered Users, at the communication and/or email address specified in the application form availing of a Service.
    • c) If to registered Users, at the communication and/or email address specified in the registration form.
  • 19.2 Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
  • 20. ARBITRATION
  • If any dispute arises between Users and TheMiniMall during the Users use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Users Agreement, Privacy Policy or any document further incorporated by TheMiniMall in connection with the Website, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by TheMiniMall. The place of arbitration shall be Ahmedabad. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
  • 21. GOVERNING LAW
  • This Agreement And Privacy Policy shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Ahmedabad.
  • 22. Cancellation Policy
    • a) Once a payment has been initiated, it cannot be canceled. The merchant or business you submitted payment to can issue a refund if necessary. If you used a bank account to submit your payment, you must wait 10-12 business days (not including weekends or holidays) for the payment to complete before the merchant can initiate a refund.
    • b) Buyer cannot cancel, made to order or customized merchandise since all such items are manufactured / procured specifically against Buyer's order.
    • c) TheMiniMall reserves the right to refuse or cancel any order placed for an item/product that is listed at an incorrect price. In case, the Buyer is charged, the same shall be credited to its credit card account and duly notified by email.
    • d) Buyer must use its own credit card for credit card transaction. The liability to use a card fraudulently will be on the Buyer and the onus to 'prove otherwise' shall be exclusively on the Buyer.
    • Refund
      Once the order has been cancelled, Buyer will receive the refund within four weeks. The refund will be made to the same payment option(s) originally used to pay for the order. If the payment was by Credit Card or Net-Banking, TheMiniMall will refund the Credit Card or Net-Banking account. If the payment mode was Cheque or DD, TheMiniMall will send Buyer a cheque (not a DD). Cheques will be sent only to the billing address of the Buyer.
    • Note: For all products live on TheMiniMall, inventory levels are based on demand and price forecasting, availability and replenishment lead times. As this is an on-going process and complex, some products may go out of stock despite our best efforts. Prices and availability of items/products are subject to change without prior notice at the sole discretion of TheMiniMall.
  • 23. General
    • Your use of the Service, this Website and their contents grants no rights to you in relation to our intellectual property rights including, without limitation, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in this Website and its contents or comprised in any of the Services.
    • You may not, without limitation, copy, reproduce, republish, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Website and its contents, the Services or any part(s) thereof.
    • Any use other than that permitted under this clause may only be undertaken with our prior express authorization.
    • The Company reserves the right to suspend, restrict or terminate your access to the Service at any time without notice at our discretion where the Company are or the Company suspect that you may be in breach of these Terms.
    • The Company reserves the right to edit or delete any and all text, messages which the Company considers to be in breach of these Terms.
    • The content posted via the Services is third party content and therefore the Company does not have control over the contents of communications made by or between users and cannot be held liable for any contents of or consequences of such content. You must be aware that any information provided by another user may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using the Service and providing any information to another user.
    • The Company does not warrant that the information provided via the Service itself will be free from errors or omissions. The Company does not warrant that the Service will be available uninterrupted.
    • Access to this Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
    • The Company does not make any representation or give any warranty (whether express or implied) in respect of this Service or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by any user on or via this Service. Any decisions or action taken by you on the basis of information provided on or via the Service are at your sole discretion and risk. For the avoidance of doubt please note that opinion/rates/suggestions etc expressed by users do not represent the opinions/ rates/suggestions by the Company.
    • Company may add to, modify or remove any part of these Terms at any time as it may deem fit, without notice. Any changes to these Terms can be seen at www.theminimall.com By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes.
    • Company may add to, change, discontinue, remove or suspend the Service temporarily or permanently, at any time, without notice and without liability.
    • Company reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Company's systems and user's interests are and remain, well-protected.
    • The user shall indemnify, defend and hold harmless the Company, against any third party claim, action, losses, suit or proceeding resulting from user's acts, omissions or misrepresentations and publication of content under this Agreement. The user shall indemnify, defend and hold harmless the Company for all losses, claims, damages, liabilities and all reasonable expenses and costs incurred by the Company as a result of a final judgment entered against the Company in any such claim, action, suit or proceeding.
    • In no event shall the Company be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other channel. The Company shall at no time be responsible for the delay or inability to use the Website or Service or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, and strict liability or otherwise.
    • Further, notwithstanding anything stated herein, in no event shall the aggregate liability of the Company exceed a value of Rs 1000/-
    • Company shall not be responsible for any errors, omissions or representations by any third party on any of its pages or on any links or on any of the linked website pages.
    • If you have any questions, complaints or comments on this Service, you may write to us at info@theminimall.com
    • Information shared by you during the Chat will not be protected by the Company as such information is shared by you with a third party. It is possible that third parties may collect and collate and use such information for their own purposes. You should accordingly be careful when deciding to share any of your personal information.
    • Further, notwithstanding anything stated herein, in no event shall the aggregate liability of the Company exceed a value of Rs 1000/-
  • 23.1 Right to Collect
  • By accepting the Terms and Conditions, you agree that the Company may collect, store and use your personal information as long as you subscribe to or use our Services subject to the limitations set out in this Privacy Policy. We collect your profiling and account information for the following reasons:
    • We need your identity details, contact details, banking information and account history to manage our relationship with you and provide Services to you. We will only disclose this information as provided for in clause 3 below.
    • We use certain of your information in an aggregated form to compile statistical and demographical profiles for our business and marketing activities. We may disclose such information about you, provided that the information is in an aggregated form that is not capable of being used or interpreted in such a manner as to identify you.
    • We collect and store your Service Usage and Transactional Information to:
    • determine and verify the Service Charges payable by you and to administer our relationship with you;
    • comply with any statutory or regulatory requirement;
    • Compile statistical and demographical profiles about you for our business and marketing activities and to customize our Services to you. While we are entitled to use such information about you for our own internal business purposes without limitation, we will only disclose it in a non-aggregated form which is not capable of being used or interpreted in such a manner as to identify you; and
  • We collect and store your correspondence information and personal identifiers to:
    • a) comply with our obligations under clause 3 below; and
    • b) Monitor your use of our Services in order to ensure your compliance with our User Rules as provided for in clause 3 below.
  • We will only disclose you correspondence information and personal identifiers under clause 3 below. We may scan your stored Information to ensure that you comply with the Seller Chat Terms and Conditions. Any Personal Information which we collect and which we may use in an aggregated format is our property. We may use it in the aggregated format, in our sole discretion and without any compensation to you, for any legitimate purpose and by accepting the Seller Chat Terms and Condition you hereby confirm that you have no objection to the aforesaid use of your personal information.
  • Our Websites may use "cookies" so that we can provide you with more customized information when you return to our website. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can set your browser to notify you when you are sent a "cookie", giving you the chance to decide whether or not to accept it. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie.
  • 23.2 General Exceptions
  • If we are required to intercept, disclose, monitor and/or store your personal information:
    • By law;
    • To secure our systems; or
    • To enforce our own rights, we will do so in the manner as prescribed by legislation.
  • Such interception, disclosure, monitoring and storage may take place without your knowledge. In that case, we will not be liable to you or any third party for any damages (as defined in the clause 14 of the Terms and Conditions of our Site) howsoever arising from such interception, disclosure, monitoring and storage. In order to ensure that all our Users comply with the User Chat Terms and Conditions, we may monitor your Personal Information to the extent that this may be required to determine compliance and/or to identify instances of non-compliance.
  • To ensure that the security and integrity of our Services are safeguarded, we may monitor your Personal Information. This monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content.
  • We may under certain circumstances procure an element of the Services from a third party service provider for example we may use third party advertising companies to serve advertisements when you visit our Website. To the extent that it may be necessary, and solely for the purposes of providing the Service to you, you agree that we may disclose to such third party any of your Personal Information that may be necessary for the procurement of services from the third party. These companies may also use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. More information about this practice and your choices about not having this information used by these companies would be available with the respective third parties. In addition to the general limitation in the Terms, we will not be liable to you or any other third party for any damages suffered by you or any other third party howsoever arising from the disclosure of your Personal Information. Your only remedy under such circumstances will be to end this agreement.
  • 23.3 Disputes
  • These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Ahmedabad, India.
  • For any queries/ issues related to the product, please write to us at info@theminimall.com
  • We request you to please provide the following information in your complaint:-
    • A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
    • Identification of the copyrighted work claimed to have been infringed.
    • Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
    • The address, telephone number or e-mail address of the complaining party.
    • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
    • A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
  • This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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