TERMS OF USE AGREEMENT (“Terms of Use”)
By downloading or using the Mobile Application called DISTIMAN, these Terms of Use will automatically apply to you. By accessing the App, you (hereinafter referred to as “You” or “retailer”) are agreeing to comply with and be bound by these Terms of Use. By clicking on the “I ACCEPT” button, you are consenting to be bound by these Terms of Use. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS BEFORE YOU USE THIS APPLICATION. IF YOU DO NOT ACCEPT ANY OF THE TERMS, THEN PLEASE DO NOT USE THE APPLICATION OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN.
ACCEPTANCE OF AGREEMENT
These Terms of Use constitute the entire and only agreement between You and Mobisy Technologies Private Limited, having its address at Sri Arunachaleshwara Building, Sy. No. 75/1, Bellandur Main Road, Bengaluru – 560 103, Karnataka (hereinafter referred to as “Us” or “Mobisy”) and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the App, the content, products or services provided by or through the App, and the subject matter of this document. These Terms of Use may be amended/ updated from time to time without specific notice to you. The latest Terms of Use will be posted on the Mobile Application, and you should review them prior to using the mobile Application.
DISTIMAN AS A PLATFORM
Distiman is a mobile application (hereinafter referred to as “App”) platform through which you can procure various products distributed by Mobisy and authorized Distributors appointed by Mobisy.
ELIGIBILITY
Use of the App is available only to persons who are eligible to execute a legal contract. If you are a minor under the age of 18 years, you shall not use the App. Use of the App is available only to the registered traders who have valid retail trading licenses and have an established retail outlet at the places mentioned in the vendor enrollment form duly filled at the time of your registration. Access to the App is based on your representation that the information provided by you viz. your name, address, telephone number, GST number, trade licenses etc., is correct and up to date. Mobisy reserves the right to terminate your access to the App if it is brought to Mobisy’s notice that you are under the age of 18 years or the information provided by you is inaccurate or incomplete.
ACCESSING DISTIMAN
This App can be downloaded from Google Play Store or Apple Store or accessing the link shared with you on your email id, and installed on your mobile phones. At the time of registration, you shall be required to share the information which may include personal information including but not limited to information regarding your name, shop name, mobile number, E-mail address, pin code, photo and GST number and other relevant details. Once these details are provided, your mobile number will be verified. You agree that the information provided by you shall always be accurate, correct and complete. If the information you have provided is false, Mobisy reserves the right to terminate your access to the App in addition to taking any legal action. You shall be responsible for maintaining the confidentiality of the user name and password provided to you by Mobisy. You are responsible for all activities occurring under your user account and you agree to report to Mobisy any illegal use of your login account by any third party without your consent. Mobisy reserves the right to cancel, without prior notice, any account registration if Mobisy discovers or suspects that your username or password is being used by third parties, regardless of whether the same is actually true or not. Mobisy will not be liable for any loss that you may incur as a result of such action by Mobisy taken in good faith or a third party using your account, username or password, either with or without your knowledge. However, you could be held liable for losses incurred by Mobisy or another party due to such third party usage. You will provide Mobisy with full and complete cooperation at all times for the completion of the services or in the event of malfunction, non-function, or unauthorized use of the App. You will promptly notify Mobisy of any error in the App or any problem that comes to your attention affecting the access to, use of the App as intended.
PLACING ORDERS, PRICE & TAXES
By using the App, you are allowed to issue purchase orders for various products distributed by Mobisy and displayed on the App. The payment for the items ordered should be made immediately or while taking delivery. The products, logos and trademarks of the respective products are owned by the respective manufacturers, brand owners and Mobisy is merely a distributor of the products listed therein. Mobisy is not a manufacturer and has no liability in relation to the products distributed and will not assume any liabilities in relation to any product liabilities, defect liabilities, damages or any other claims. The prices shown on the App are the prices that the retailer has to pay to Mobisy. The same is lesser than the MRP of the product. The price shown for each item is inclusive of the GST applicable on the product. The retailer should provide GST numbers in order to enable Mobisy to file GST returns. Any wrongful submissions of GST number may disentitle you from claiming input credits and Mobisy will not be liable for such losses. You are also required to provide accurate delivery address on which the product can be delivered. Generally, products will be delivered within 48 hours. This is merely an indicative time for delivery. You agree that goods shall be delivered by us only during working hours. Delay could happen because of strike, failure of the supplier to supply the products or other unforeseen force majeure circumstances. You are not eligible to claim any damages against Mobisy for any delay in delivery. Goods will be delivered to the address that you provide. You are required to immediately make payment as per the invoice unless paid earlier. For any reason, you fail to make the payment at the time of delivery of goods, Mobisy reserves the right to take back the goods. You understand and acknowledge that any order you place shall be subject to these Terms of Use, product availability and delivery location, serviceability etc. You may not be able to avail our services if your delivery location is outside our current scope of service. You are responsible to keep the goods received in a clean, neat and hygiene environment. You shall be solely responsible if goods are damaged at your end. If you have any complaints regarding the quality of the products, you are required to raise the same with the respective supplier/ Seller. Mobisy reserves the right to cancel your order in the event that the designated address falls outside the delivery service area offered by us, non payment or delayed payment, unavailability of all the items ordered by you at the time of placing the order, etc.
INTELLECTUAL PROPERTY RIGHTS
Copyright
The content, organization, graphics, design, compilation, related to the Mobile Application are protected under the applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the App, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the App.
Trademarks
The word DISTIMAN, DISTIMAN logo and all the textual, graphical and other contents appearing on the App, unless otherwise specified, are property of Mobisy. The products displayed and the corresponding brand names belongs to the respective brand owner(s).
PERMITTED USE
As a user of the App, you are given a revocable, nontransferable and nonexclusive right to download and install a copy of the Application on a mobile device that you own or control provided that: (1) no text, graphics or other content available from the App is modified in any way; (2) no graphics available from the Application are used, copied or distributed separate from accompanying text; (3) no content available from the Application may be used for any purpose which is offensive or which disparages, damages or otherwise negatively reflects upon Mobisy, its products or services, its employees or its management. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Mobisy or of any third party, except as expressly provided herein. You agree not to use this App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use or act fraudulently or maliciously, for instance, by hacking into or inserting malicious code, including viruses, or harmful data, into the hardware. You also agree not to transmit any material that is defamatory or offensive and not to use the service in a way that could damage, disable, overburden, impair or compromise the services of the Mobisy.
EDITING, DELETING AND MODIFICATION
Mobisy reserves the right in their sole discretion to edit or delete any documents, information, products, services, or other content appearing on the App.
DISCLAIMER
Reasonable efforts are taken to ensure the accuracy and integrity of information, features, and related materials provided by Mobisy on the App, but Mobisy is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on the App.
AMENDMENT–
Information and related materials on the App are subject to change, modification, deletion, addition, restrict use, etc. by Mobisy without notice. Any use of the App thereafter by you shall be deemed to be acceptance of the new Terms of Use.
LIMITATION OF LIABILITY
THE INFORMATION FROM OR THROUGH THE APP IS PROVIDED ‘on ‘AS IS,” ”AS AVAILABLE” BASIS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MOBISY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE DISPLAYED ON THE APPLICATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MOBISY IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN MOBISY AND YOU. THIS APP AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBISY THROUGH THIS APP SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS OF USE. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. MOBISY WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE APP.
INDEMNITY
You hereby agree to indemnify and hold harmless Mobisy and its directors, employees and agents against any claims, losses or costs arising from your breach of these Terms of Use and violation of any applicable laws, rules or regulations related to the use of the App.
MISCELLANEOUS
Mobisy allows access to or advertise third-party merchant’s products. You understand that Mobisy does not own the products or services offered by Third Party Merchants. The information you provided for logging in to the App including your personal information as well as business information which will be used by Mobisy for its internal business purposes and solely in accordance with the applicable laws, including the data protection and privacy laws. You hereby consent to Mobisy’s use of such information. Information related to the goods you purchase through the App, the kind, quality, number and frequency etc will be used for analytical purposes by Mobisy and may also be used and shared with the Seller for them to predict and plan their supply chain. You hereby consent to all such usage. Mobisy has an established privacy practices and the same is available at Bizom.in/PrivacyPolicy.pdf The use of this App is subject to the privacy policy mentioned herein. While using this App, if the payment gateways or internet banking or UPIs, debit or credit cards are used, then such uses of banking channels and settlement systems are subject to the respective rules and regulations of those service providers. Mobisy has no control over the same. DISTIMAN services are not available outside India. If you are a user living outside India, these services will not be available to you. Further, Mobisy has service capabilities only in selected cities in India. If you are doing business outside the area, the App will be of no use. A registered user of this App if moved to a different location which is not a Mobisy service area, will not be able to use the App at the new location. The goods ordered by you will be delivered by the delivery partner entity of Mobisy. The details of the delivery partner of your location shall be intimated to you in due course. Mobisy has the right to replace or appoint new delivery partner. You accept to receive the goods from the designated delivery partners appointed by Mobisy from time to time for your area.
NO WARRANTIES
The App is provided subject to all of the terms set forth herein. Mobisy does not warrant that: (i) its App will be constantly available, or available at all (ii) that the information in this App or results of the use of the application is complete, true, accurate. Mobisy does not warrant that the Application is free of defects or errors.
PRICING AND PAYMENT
Mobisy will raise an invoice upon the acceptance of valid purchase order. You are required to make the payment immediately to the representative of Mobisy at the time of delivery of goods if not paid while ordering. The price of the product is subject to change without prior notice to you subject to market conditions, rules, regulations etc. The price of the product is provided on the Mobile application on ‘as is’ basis as provided by the manufacturing companies/ importers (“Seller”). Due to technical reasons or sudden changes made by the Seller or the Government, there may be variations in the actual price of the product and the price displayed on the App. Mobisy shall take its best endeavors to correct such variations at the earliest opportunity. You may however, be aware that such variations could happen. You shall be responsible for the payment of applicable GST and all other taxes and any default in this regard you shall be the solely liable.
TERMINATION
At any time in its sole discretion Mobisy may suspend or terminate your access to the App for any reason with or without notice to you. You acknowledge Mobisy’s right to do so and waive any claim you may have arising from such termination. By downloading this App, you are not getting any permanent rights to avail DISTIMAN and Mobisy services.
WAIVER
The waiver by either party of any breach or failure to enforce any of the terms and conditions of these Terms of Use at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of these Terms of Use.
SEVERABILITY
If one or more of the provisions contained in the Terms of Use is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
GOVERNING LAW AND JURISDICTION
Governing Law – The laws of India as applicable to the State of Karnataka, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between Mobisy and you. Subject to the arbitration clause below, any dispute arising out of or in relation to these Terms of Use shall be submitted to the exclusive jurisdiction of courts at Bangalore.
Arbitration – In the event of any dispute arising out of or in relation to the Terms of Use, the Parties shall try and resolve the dispute amicably in good faith through negotiations. In case the dispute is not resolved within a reasonable time, the Parties agree to submit the same for arbitration by a sole Arbitrator appointed by the Court. The arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996. The Arbitration proceedings shall be conducted in the English language and the venue shall be Bangalore. The arbitration award shall be final and binding on the Parties.
QUERY
If you have any queries regarding these terms of use or require any information, kindly contact us at info@mobisy.com.
