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These terms of use is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes. These terms of use do not require any physical, electronic or digital signature.

These terms of use are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the website by any person.

The domain name www.cadburygifting.in on the website and mobile application (hereinafter referred to as "Website") is owned by Mondelez India Foods Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at Unit 2001, 20 th Floor, Tower 3 (Wing-C), Indiabulls Finance Centre, Parel, Mumbai- 400 013, India (hereinafter referred to as "Mondelez").

Your use of the Website, services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact with any third parties registered on the Website, You shall be subject to the policies that are applicable to the Website for such transactions with such third parties. By mere use of the Website, You shall be contracting with Mondelez and these terms and conditions including the policies constitute Your binding obligations, with Mondelez.

For the purpose of these Terms of Use, wherever the context so requires "You", “Your”, “Yourself” or "User" shall mean any natural or legal person who has either registered on the Website as a registered user or who visits the Website as a guest. The term "We", "Us", "Our" shall mean Mondelez.

When You use any of the services provided by Us through the Website, including but not limited to product reviews, feedback, etc., You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use. We reserve the right, at Our sole discretion, to change, modify, alter, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for any updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly orexpressly accepting these Terms of Use, You also accept and agree to be bound by Mondelez policies (including but not limited to MDLZ FAQs , and Privacy Policy ) as amended from time to time at www.cadburygifting.in and subject Yourself to other conditions for accessing the Website, including user agreement terms with registered sellers on our Website.

Please note that the availability of, and your ability to access the Website or some part of the Website, is subject to our sole discretion and may be dependent upon your geographical location. On account of the nature of the internet, this Website may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing this Website and availing of the services, at your own risk, choice and initiative and You agree and undertake to ensure that your use of the Website complies with all applicable laws including the local laws in your jurisdiction. Further, such services may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, internet availability and speed, bandwidth, etc. You agree and acknowledge that We may monitor or use certain technologies and monitoring of activities including logging of Your IP address to ascertain and verify your geographical location. Subject to compatibility, You may be able to access the Websites through mobile phones, tablets and other IP based connected devices.


Membership Eligibility

Use of the Website is permitted only to persons who are capable of forming legally binding contracts under Indian Contract Act, 1872. 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 You are a minor i.e. under the age of 18 years, You shall not register as a User of the Website and shall not transact on or use the Website. As a minor if You wish to use or transact on Website, such use or transaction may be made by Your legal guardian or parents on the Website. Mondelez reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Mondelez’s notice or if it is discovered that You are under the age of 18 years.


Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password; You shall be responsible for all activities that occur under your Display Name and Password; and for restricting access to your computer to prevent unauthorized access to your account. You agree to maintain and promptly update your registration information to keep it true, accurate, current and complete. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. Mondelez reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to You. You acknowledge and agree that We shall have no liability associated with or arising from your failure to maintain accurate registration information, including, but not limited to, your failure to receive critical information about the Website or your account/profile. You further agree that We are authorized to verify such registration information. You acknowledge and agree that You are responsible for any unauthorized activities and/or liabilities made through the use of Your Display Name and Password. In no event will We be liable for the unauthorized use or misuse of Your Display Name and/or Password. We may need to change usernames allocated to certain of Our services and We reserve the right to do so. You will be informed of this if We make such a change. We collect and use Your Display Name, Password and other information in accordance with the Privacy Policy of the Website, available at www.cadburygifting.in.

You acknowledge and agree that We may rely on the registration information as provided by You to send You important information and notices regarding your account/profile and the Website. From time to time, We may send You newsletters and other promotions by email or SMS. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message.

The Website may provide You with access to some products and services without You having to register as a user. In each such case your identification is based on means of identification that We deem appropriate, such as Your mobile telephone number.


Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.


Promotional Venture

You agree, understand and acknowledge that the Website is promotional venture for Mondelez to promote and market its products and enable customers like You to reach out to registered sellers from whom You can purchase products listed on the Website at the price indicated therein at any time from any location within the territory of India. You further agree and acknowledge that Mondelez cannot be a party to or control in any manner any transactions that may be entered into by You with such authorized sellers. You agree and acknowledge that all transactions for sale and purchase of products shall be transactions undertaken between You and such registered sellers, and governed by the terms and conditions imposed by such registered sellers, available at Seller T&C (“Seller T&C”).


Henceforward:

    • All commercial/contractual terms are offered by and agreed to between You and the registered sellers alone and detailed in the Seller T&C. 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 the products. Mondelez does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and the registered sellers. All discounts, offers (including exchange offers) are by the registered sellers and not by Mondelez.
    • Terms with regard to placement of any order of the products with a registered seller, acceptance of such order, terms of delivery etc. shall governed by the Seller T&C. Any enquiry placed by you, or selection of products for an intended purchase with a registered seller on our Website does not constitute a contract between us, and Mondelez shall in no way be connected with the booking or acceptance of the orders, which shall solely be between You and the registered seller.
    • All enquiries raised by You on the Website or any product selection by You on the Website along with the information provided by You on the Website will be communicated to the registered sellers. On placing of an enquiry or an order from You will be contacted by the registered seller either by email or by telephone and You can proceed to place Your order with the registered seller on such terms and conditions as agreed between You and the registered Seller. On making production selection on the Website for an intended purchase, You will be directed to the Seller’s payment gateway, where You can transact and complete your order with the registered seller on terms as agreed with the registered seller.
    • On placing an order selection on the Website and subsequent payment on the Seller’s payment gateway, You will receive from the registered seller an email confirming your order. This email will only be an acknowledgement and will not constitute acceptance of your order by the registered seller. A contract between You and the registered seller for the purchase of the goods will not be formed until You receive a shipment confirmation email from the registered seller. The registered seller is not obliged to supply the product to You until it has accepted your order. Until the time that your order is so accepted, the registered seller reserves the right to cancel your order and You have the right to cancel your order. Any transaction price paid by You in case of such cancellation by the registered seller, shall be refunded to You by the registered seller. Further, the registered seller may cancel an order wherein the quantities exceed the typical consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical consumption. What comprises a typical consumption quantity limit shall be based on various factors and at the sole discretion of the registered seller and may vary from customer to customer.
    • Mondelez does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services displayed on the Website and proposed to be sold or offered by the registered seller. Mondelez does not implicitly or explicitly support or endorse the sale or purchase of any products or services that are displayed on the Website. Mondelez accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
    • Mondelez is not responsible for any non-performance or breach of any contract entered into between You and the registered seller. Mondelez cannot and does not guarantee that You or the registered seller will perform any transaction concluded between you. Mondelez shall not and is not required to mediate or resolve any dispute or disagreement between You and a registered seller.
    • Mondelez does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its registered seller. You are advised to independently verify the bona fides of any particular registered seller that You choose to deal with and use Your best judgment in that behalf.
    • Mondelez does not at any point of time during any transaction that may ensue between You and a registered seller come into or take possession of any of the products or services offered by the registered seller nor does it at any point gain title to or have any rights or claims over the products or services offered by the registered seller to You.
    • At no time shall Mondelez hold any right, title or interest or over the products nor shall Mondelez have any obligations or liabilities in respect of such contract entered into between You and the registered seller. Mondelez is not responsible for unsatisfactory or delayed performance of services or damaged products or delivery delays for any reason whatsoever.
    • The Website is only a promotional venture being undertaken by Mondelez to market to You the range of products, and gifting solutions, available with Mondelez. Any potential sale or transaction with a registered seller by You shall be a strictly bipartite contract between the registered seller and You and shall in no manner concern Mondelez.
    • You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the registered seller(s) that You transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by registered seller be incorrectly reflected and in such an event the registered seller may cancel your order(s). You release and indemnify Mondelez and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the registered sellers of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Mondelez cannot take responsibility or control the information provided by the registered sellers which is made available on the Website. Please use caution and practice safe trading when using the Website.


Carting of Products for intended purchase:

The registered sellers may reserve the right to limit the number of Mondelez products You can cart for an intended purchase with the registered seller in a single transaction.

Once You have completed selection of products for an intended purchase, as part of the checkout process, You must provide all relevant details requested on the Website including, among other things, the name of the intended recipient and their delivery address, a personalized gift message (if any) etc. These details would then be transmitted to the registered seller who would then proceed to book and confirm your order after successful payment on the payment gateway of the Seller.

You warrant that any personal information which You are required to provide when placing an order is true, accurate, current and complete in all respects.

You agree that any personalized products You may purchase from a registered seller are for your own, or your recipient's personal use, and no attempt will be made to market, resell or re-distribute the personalized products in any manner whatsoever.


Access to Website

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.


Charges

Registration on the Website is free. Mondelez does not and will not charge any fee for browsing on the Website or use of the Website services.


Use of the Website

Mondelez grants You a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mondelez and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing in any manner whatever;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) bully, intimidate, mislead or deceive, harass or advocates harassment of another person;

(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(h) infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity);

(i) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout these Terms of Use, Mondelez's prior written consent means a communication coming from Mondelez's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;

(q) interferes with another user’s use and enjoyment of the Website or any other individual's user and enjoyment of similar services;

(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harms minors in any way;

(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonates any other person or entity or to use a false name or a name that You are not authorized to use;

(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any 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;

(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(z) shall not be false, inaccurate or misleading;

(aa) 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.

(ab) publish and send personalized content that is unlawful, defamatory, threatening, malicious, hate speech, pornographic, violent or offensive.

(ac) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.

(ad) conduct any form of ambush marketing, or to claim any form of association with us, the Mondelez International group or its brands and products.

(ae) do anything to damage or harm our brands, products or reputation (or that of the Mondelez International group).

(af) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Mondelez or our brands or the registered sellers or otherwise tarnish or dilute any Mondelez's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Mondelez's systems or networks, or any systems or networks connected to Mondelez.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

You agree that We shall have the right but have no obligation, to monitor the content uploaded by You and to restrict or remove such content that We may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use, including, but not limited to, terminating their account and/or reporting such content, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity.

You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mondelez and / or others.


Personalized Content

The registered sellers on the Website allow You to create a personalized product by adding personalized gift messaging (personalized content) to the product packaging sleeve.

Any personalized content You provide must be lawful, appropriate, in good taste and in accordance with these terms and conditions of the Terms of Use.

Any use of logo, trademark, copyright or any other intellectual property for personalized product and content shall be with the written consent, permission and authorization of the registered owner. You warrant that use of logo or trademark shall not prejudice or infringe the rights of the registered owner. Neither Us nor the registered seller shall be responsible for and You shall indemnify Us against any claims, rights, damages etc. by the registered owner against such use of logo, trademark, copyright or any other intellectual property.

If You are asking the registered sellers to send a product or personalized content directly to a recipient, You warrant that the recipient is someone that is known to You and would reasonably expect a gift from You (such as a friend, family member, and known contact).

You are solely responsible for the personalized content You provide. The registered sellers are not responsible for reviewing your personalized content before your order is printed and dispatched. However, they may do so, and without limitation, may refuse or cancel any order if in their view your personalized content and/or your use of the Website do not comply with these terms and conditions.

By placing an order with a registered seller, You warrant that your use of the Website and any personalized content You provide complies with these terms and conditions of the Terms of Use.


Contents Posted on Website:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, except the Seller Content (as defined below) (collectively, "Content"), is absolutely owned by Mondelez, and Mondelez has full right and control over this Content. Content uploaded by a registered seller for the products sold by the seller i.e. description of the products, product pricing and seller terms and conditions are the content of the registered seller (collectively “Seller Content”) and Mondelez takes no responsibility for such Seller Content.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, retransmitted, broadcasted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Mondelez's express prior written consent. You shall not create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or give away.

You may use information on the products purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website. Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of Your ownership rights in your content, but You hereby grant us a non-exclusive, royalty-free, irrevocable, perpetual and sub-licensable license to use, store and copy that content and to distribute and make it available to third parties. Additionally, We are free to use any ideas, concepts, know-how or techniques contained within such content You upload for any purpose, including but not limited to, developing, manufacturing, marketing, and providing commercial products and services. Our use of such content uploaded by You shall not require any further notice of attribution to You and such use shall be without requirement of any permission from or any payment to You or any other person or entity. You are solely responsible for securing and backing up Your content.

We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content You provide. You agree that any content You post may be used by us, consistent with Our Privacy Policy on Website as mentioned herein, and You are not entitled to any payment or other compensation for such use.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by You or any other user of the Website. The views expressed by other users on the Website do not represent our views or values. In no event do We assume any responsibility or liability whatsoever for any content uploaded by You and You agree to waive any legal or equitable rights or remedies You may have against us with respect to such content uploaded by You. If You have any complaints relating to any third party content uploaded on the Website, then please contact the Grievance Officer mentioned herein below Your email must bear your digital signature or a signed written complaint and should include the following information:

  1. Details of the objectionable third party content;
  2. Details of the basis of the objection;
  3. What relief is being requested;
  4. All other relevant information required by us to assess the complaint.


We shall take all reasonable measures, including taking down the objectionable third party content expeditiously. You agree and acknowledge that our responsibility in relation to objectionable third party content is limited to removing them post receipt of your objections in accordance with these Terms of Use and We shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.


Privacy

Please review our Privacy Policy , which governs your visit to the Website. The personal information/data provided by You to Us will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws.


Disclaimer of Warranties and Liability

This Website, all the contents, information, materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on "as is" and "as available" basis without any representation or warranties (express or implied) including any implied warranties of merchantability, completeness, fitness for purpose, freedom from computer virus, availability, security, compatibility, title, the accuracy or completeness of information, or of non-infringement, except otherwise specified in writing. We shall neither be liable nor responsible for any actions or inactions of registered sellers nor any breach of conditions, representations or warranties by the registered sellers and hereby disclaim any and all responsibility and liability in that regard. Without prejudice to the forgoing paragraph, Mondelez does not warrant that:

  1. This Website will be constantly available, or available at all; or
  2. The information on this Website is complete, true, accurate, non-misleading or correctly sequenced, reliable or timely.


Mondelez will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Mondelez does not warrant that this Website; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. We assume no liability or responsibility for any errors or omissions in the Content on the Website. We shall not mediate or resolve any dispute or disagreement between You and the registered sellers of the products. You specifically acknowledge that We are not liable for the defamatory, offensive or illegal conduct of other users of the Website or third parties and that the risk of injury from the foregoing rests entirely with You. You use the Website at Your sole risk.

Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

You will be required to enter a valid phone number while placing an order with the registered seller. By registering Your phone number with us, You consent to be contacted by Us or by the registered seller /their representative via phone calls and/or SMS notifications. We will and You consent us to use your personal information to initiate any promotional phone calls or SMS.


Compliance with Laws:

Customer and a registered seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made thereunder and notifications issued there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility of the Seller .


Dietary Content

We do not represent or warrant that the information (including any specific product) on the Website is suitable for You or your gift recipient’s specific dietary needs or other requirements. All material included in this Website is intended to be of a general nature, and is included for general information only. It is not intended to, and does not, constitute advice or any statement on which reliance should be placed. You should independently assess whether the information in this Website is accurate, complete, relevant and appropriate to You and your gift recipients, and should take advice from a professionally qualified dietician or other professionally qualified health practitioner on all specific situations, conditions and dietary matters of concern, or relevant, to You or your gift recipients.


Indemnity

You shall indemnify and hold harmless Mondelez, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, shareholders, agents, employees, representatives, from and against any and all claims, demands, liabilities, obligations, losses, costs or debt, damages, actions and expenses (including reasonable attorneys' fees) arising out of or relating to (i) Your use of Website including but not limited to use of any Content; (ii) any breach or alleged breach of these Terms of Use, Privacy Policy and other Policies, (iii) Your violation of any law, rules or regulations or the rights of a third party. This indemnification obligation will survive the expiry or termination of these Terms of Use and Your use of the Website.


Waiver

If You breach the terms and We take no action, We will still be entitled to use our rights and remedies in any other situation where You breach these conditions.


Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.


Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Mondelez make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this Website from other locations/Countries other than India do so on their own initiative and Mondelez is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable, even if such products have been ordered for delivery within India.


Trademark, Copyright and Restriction

This Website is controlled and operated by Mondelez and products are sold by the registered sellers. We own all copyright, trademarks, and other intellectual property rights in the contents within this Website including description, images, illustrations, audio clips, and video clips featured in the product listings. The compilation of all content on this Website is the exclusive property of Us. All software used on this Website is the property of Us, throughout the world and in perpetuity. Material on Website is solely for Your personal, non-commercial use. All rights are reserved. You shall not copy, retain, distribute, reproduce, republish, upload, post, transmit or use any of the content on this Website in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so, except with our prior written consent. The use of such intellectual property by You, or anyone else authorized by You, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website. Any unauthorized use of the intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We neither warrant nor represent that Your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Us.

Trademarks and Logos used on the Website are trade-marks used under license from associate companies.


Limitation of Liability

IN NO EVENT SHALL MONDELEZ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY LOSS OR DAMAGES OF ANY KIND FOR ANY REASON ARISING IN CONNECTION WITH THIS WEBISTE OR TERMS OF USE, CONTENT, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS WEBISTE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS OF USE.

THE WEBSITE IS PROVIDED FOR YOUR PERSONAL, NONCOMMERCIAL USE. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR WEBSITE, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURES, VIRUSES AND OTHER SYSTEM ATTACKS, LABOR STOPPAGES, RIOTS, ACTS OF GOVERNMENT OR GOD, NATURAL DISASTERS, ACTS OF TERRORISM, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT YOU SHALL HAVE NO REMEDY IN RESPECT OF ANY STATEMENT, REPRESENTATION, ASSURANCE OR WARRANTY (WHETHER MADE INNOCENTLY OR NEGLIGENTLY) THAT IS NOT SET OUT IN THESE TERMS OF USE. YOU AGREE THAT YOU SHALL HAVE NO CLAIM FOR INNOCENT OR NEGLIGENT MISREPRESENTATION OR NEGLIGENT MISSTATEMENT BASED ON ANY STATEMENT IN THESE TERMS OF USE.

THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.

FOR THE AVOIDANCE OF DOUBT, NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (II) FRAUD.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE, OR ANY PART THEREOF, MUST BE ASSERTED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED.


Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, please contact Our Grievance Officer as per the details on the Website.


POLICIES

Profanity Policy

Mondelez prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on registered seller pages and all other areas of the Website that another User may view. If the profane words are part of a title for the item being sold, We allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a user's account, temporary suspension, or a formal warning.

Mondelez will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Violations of this policy may result in a range of actions, including:

  • Limits placed on account privileges;
  • Loss of special status;
  • Account suspension.

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by Mondelez. Mondelez encourages its Users to be professional, courteous and respectful when communicating by email.

However, Mondelez will investigate and can take action on certain types of unwanted emails that violate Mondelez policies.


Such instances:

Threats of Bodily Harm - Mondelez does not permit Users to send explicit threats of bodily harm.

Misuse of Mondelez System - Mondelez allows Users to facilitate transactions through the Mondelez system, but will investigate any misuse of this service.

Spoof (Fake) email - Mondelez will never ask You to provide sensitive information through email. In case You receive any spoof (fake) email, You are requested to report the same to Us through 'Contact Us' tab.

Spam (Unsolicited Commercial email) - Mondelez's spam policy applies only to unsolicited commercial messages sent by Mondelez Users. Mondelez Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell Outside of Mondelez - Mondelez prohibits email offers to buy or sell listed products outside of the Mondelez Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Mondelez policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in a range of actions, including:

  • Limits on account privileges
  • Account suspension
  • Cancellation of listings
  • Loss of special status

Other Businesses

Mondelez does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Mondelez assumes no responsibility for examining or evaluating the products and services offered by them. Mondelez do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Mondelez does not endorse, in any way, any third party website(s) or content thereof. We are not responsible for the availability of these third party resources, or their contents. We have not reviewed any or all of the sites linked to the Website and are not responsible for the content of any off-Website pages or any other sites linked to the Website. Your linking to the Website, off-Website pages or other sites is at your own risk. By clicking on any such link, You acknowledge that We have no control over, and make no representations of any kind with respect to, such other sites or any content contained within such other sites, and You hereby revoke any claim against us with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.


Provisions applicable to registered sellers:

The use of the term “You”, “Yours” shall hence forth apply to a registered seller i.e. a person registered on the Website as a seller.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also 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 GST, Income Tax, other local levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You 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 regulations for the time being in force.

Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your information, in any media now known or not currently known, with respect to Your information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

You shall not engage in advertising to, or solicitation of, other registered sellers of the Website to buy or sell any products, including, but not limited to, products related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to customers. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our customers from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but have no obligation, to monitor the materials posted on the Website. Mondelez shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Mondelez views. In no event shall Mondelez assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

Mondelez shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

Selling

As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in these Terms of Use. You must be legally able to sell the item(s) You listed on our Website through the payment gateway of the Seller. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All pictures bearing any trade mark or logos or any other intellectual property belonging to us shall be uploaded only with our prior consent. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of potential sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, You agree to refund any amounts that You may have received from a Customer. You agree not to list a single product in multiple quantities across various categories on the Website. Mondelez reserves the right to delete such multiple listings of the same product listed by You in various categories.

LAST UPDATED: 6th Oct, 2017