Payments, Refunds & Cancellation
1. This Agreement sets out the legally binding terms for your use of our website and membership. This Agreement may be modified by MorusOnline.com from time to time, effective upon notice to you as a visitor, user and member.
3. APPLICABLE LAW
i. This site is created and controlled by MorusOnline.com in Ahmedabad, India; as such the laws of India shall apply and the courts in Ahmedabad, India shall alone have exclusive jurisdiction (subject to Arbitration at Ahmedabad) in respect of all the terms, conditions and disclaimer.
ii. MorusOnline.com alone reserves the right to make changes to the site and the terms, conditions and disclaimers thereof.
iii. The membership is deemed to have been entered into at Ahmedabad, India and the laws of India will govern the membership.
iv. All disputes arising out of or in any way affecting the membership as also including interpretation of any of the terms are to be referred to Arbitration in Ahmedabad, India under the Arbitration and Conciliation Act (Indian Act), 1996, and all the statutory enactments, amendments and modifications thereof and the rules made there under before a Sole Arbitrator.
i. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and have the requisite authority to bind the other party to this Agreement.
ii. You shall not use this Service if you are not competent to contract under the applicable Indian laws, rules and regulations.
iii. By registering on MorusOnline.com, you explicitly understand and agree that:
The minimum age for registering is 18 years.
You are not disabled by any law from entering into a contract.
You have gone through the Terms and Conditions and agree to be bound by them.
i. Membership is not automatic. The right of admission vests with MorusOnline.com at its sole discretion.
ii. You become a Member upon due acknowledgment and acceptance of the Profile/Payment by MorusOnline.com.
iii. Membership and rights of admission is reserved solely for
(a) Indian Nationals and Citizens;
(b) Persons of Indian Origins (PIO);
(c) Non-Resident Indians (NRI);
(d) Persons of Indian Descent or Indian Heritage.
iv. Our membership is only for personal use. It is not to be directly and/or indirectly assigned, transferred or licensed so as to be used by any other person/entity.
i. MorusOnline.com views protection of User’s privacy as a very important principle.
ii. MorusOnline.com understands clearly that User and User’s Personal Information is one of the most important assets. MorusOnline.com stores and processes User’s Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under.
iii. MorusOnline.com may share personal information with our other corporate entities and affiliates.
iv. MorusOnline.com may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
vi. MorusOnline.com and our affiliates will share / sell some or all of your personal information with another business entity should MorusOnline.com (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business.
viii. By visiting MorusOnline.com, User is accepting and consenting to the practices described in this Privacy Policies.
• Correspondence Information: Following are the various Correspondence Information which User provides when User accesses/registers for the Service includes:
Children under the age of 18: Use of the Platform is available only to persons who can form 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 Platform.
If User is a minor i.e. under the age of 18 years, User shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor if User wishes to use or transact on MorusOnline.com, such use or transaction may be made by User’s legal guardian or parents on the Platform.
• Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.
• Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised that MorusOnline.com ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS).
• Payment and Account Information: User’s account history with us including (without limitation) all billing information and communications, payment history etc. MorusOnline.com maintains this in encrypted form on secure servers. However, User’s transactions details may be preserved by MorusOnline.com for purposes of tax or regulatory compliance.
• Transactional Information: Order ID, transactional history (other than banking details) about User’s e-commerce activities on our MorusOnline.com.
• User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by User in relation to User’s Services.
• Stored Information: Data either created by User or by a third party and which User wishes to store on MorusOnline.com servers such as image files, documents etc.
• Shared Information: What types of information are not allowed on Platform?
• Nudity or other sexually suggestive content
• Hate speech, credible threats or direct attacks on an individual or group
• Content that contains self-harm or excessive violence
• Fake or impostor profiles
• Technical and functional management of the Platform. When User usesMorusOnline.com Platform, MorusOnline.com also processes technical data such as User IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of User’s mobile device. MorusOnline.com uses this data to enable MorusOnline.com to deliver the functionalities of the Platform, resolve technical difficulties, and provide User with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Platform.
• Operational Use: MorusOnline.com may use User’s information for suggesting products and promotional offers and schemes. User may update User’s profiling information at any time on the Platform. User acknowledges and agrees such update is for User’s interests and for improving personalization and service efficiency of the Platform.
Note: User acknowledges that, MorusOnline.com will only disclose User information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify the User.
• Applicable law and procedure. MorusOnline.com collects and stores User Correspondence Information to: (a) comply with MorusOnline.com obligations under law and (b) monitor User use of MorusOnline.com Services in order to ensure User compliance with the Terms of Service.
Note: However, as effective as encryption technology is, no security system is impenetrable. MorusOnline.com cannot guarantee the security of User database, nor can MorusOnline.com guarantee that information User supplies won’t be intercepted while being transmitted to MorusOnline.com over the Internet. Any transmission of information by User to the Platform is at User’s own risk. MorusOnline.com recommends that User does not disclose User password to anyone.
• Third Party. At times MorusOnline.com may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, User’s personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and MorusOnline.com shall not be liable for the use or misuse of User information by such third parties.
• We only collect User Personal Information to conduct MorusOnline.com business and to enable MorusOnline.com to deliver and improve the services. MorusOnline.com does not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.
i. MorusOnline.com provides a number of Internet-based services through Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”).
ii. The Products can be purchased through the Platform through various methods of payments offered.
iii. The sale/purchase of Products shall be additionally governed by the specific policies of sale; like cancellation policy, exchange policy, return policy, etc.
v. MorusOnline.com does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current or error-free and assumes no liability in this regard.
i. You may terminate your membership at any time, for any reason by writing an email to firstname.lastname@example.org.
ii. We have, at any stage, at our option and discretion, right to refuse or reject or terminate or cancel the membership without assigning any reasons.
iii. MorusOnline.com may terminate your access to the Site and/or your membership and/or services for any reason effective upon sending you a notice on the e-mail address you have provided in your application for membership or any other such e-mail address you later provide to MorusOnline.com. However, MorusOnline.com reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
iv. The provisions of Sections 13, 14, 15, 16 and 18 of the Indian Contract Act, 1872 shall survive any such termination.
9. MODIFICAITON OF TERMS AND CONDITIONS OF SERVICE
MorusOnline.com may at any time modify the terms and conditions (“Terms”) of the Service without any prior notice of intimation to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms and you are expected to do so at regular intervals. In the event, the modified Terms are not acceptable to you; you should discontinue using the services. However, if you continue to avail the Services provided by the website, you irrevocably and unconditionally agree to accept and abide by the modified Terms.
10. REGISTRATION DATA
i. To avail of and use the Services of the website, you will have to register with MorusOnline.com. As a part of the Registration process, you agree to provide to us complete and accurate registration information (the “Registration Data”) and time to time update the same.
ii. If you provide any information that is untrue, inaccurate, not current or incomplete or MorusOnline.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MorusOnline.com has the right to indefinitely suspend or terminate your membership without giving any notice or without assigning any reasons and shall refuse to provide you with access to MorusOnline.com.
i. Members are advised to make appropriate enquiries before acting upon any contact. Our site does not vouch for or subscribe to the claims and representations made by anyone including members, users, subscribers or visitors to MorusOnline.com.
ii. MorusOnline.com will maintain confidentiality about personal information (other than that made for posting or transmission) furnished by Members. However, MorusOnline.com may divulge such information if required by law. By agreeing to register at MorusOnline.com and its consortium of portals, a user allows MorusOnline.com to get in touch with him/her from time to time for events or offers. This could include offers, information, as well as promotions; MorusOnline.com can use your e-mail address and/or telephone number provided by you for this purpose.
12. LICENSE AND SITE ACCESS
i. MorusOnline.com grants you a limited license to access and make personal use of this Site and not to download (other than page catching) or modify it, or any portion of it, except with express written consent of MorusOnline.com. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivate use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools.
ii. This Site or any portion of this site may not be reproduced, duplicated or copied, sold, resold, visited, or otherwise exploited for any commercial purposes.
iii. You shall not frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of MorusOnline.com and out affiliates without prior express written consent of MorusOnline.com. You shall not use any Meta text or any other “hidden text” utilizing MorusOnline.com name or trademarks without the prior express written consent of MorusOnline.com.
iv. Any unauthorised use terminates the permission or license granted by MorusOnline.com for any purpose to you. You shall not directly and/or indirectly use any MorusOnline.com logo or other proprietary graphic or trademark as part of the link without express written permission from MorusOnline.com.
13. PROPRIETARY RIGHTS INCONTENTION MORUSONLINE.COM
i. MorusOnline.com owns and retains other proprietary rights in the MorusOnline.com site and the MorusOnline.com Service.
ii. The Site contains the copyrighted material, trademarks, and other proprietary information of MorusOnline.com, and its licensors. Except for that information which
is in the public domain or for which you have been given permission, you shall not directly and/or indirectly copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
14. PLATFORM FOR COMMUNICATION
This Site is only a venue where Users may meet and interact with one another for their transactions. We do not and cannot be a party to or control in any manner any transaction between two Users of the Site. The use of the Site by you shall be entirely at your risk and consequences thereof.
(i) We are not responsible for any non-performance or breach of any contract entered into between Users. We cannot and do not guarantee that the concerned users will perform any transaction concluded on the Site. We shall not and are not required to mediate or resolve any dispute or disagreement between Users.
(ii) We do not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the service proposed and/or suggested on the Site. In particular, we do not implicitly or explicitly support or endorse any transactions/services on the Site. We accept no liability for any errors or omissions, whether on behalf of Website or third parties.
(iii) We do not make any representation or warranty as to the attributes (such as legal title, credit worthiness, identity, etc.) of any of our Users. You are advised and required to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf. We will not be responsible for anything in that regard or for the outcome and/or consequences of your Judgment.
(iv) The Site is a channel of communication whereby the Users can reach a larger base to avail Services but at their own risk as to cost and consequences thereof. We are only providing a platform for communication and it is agreed that the contract for any transactions/services shall be a strictly bipartite contract between the Users/Members without involving us. At no time neither shall any right, title or interest over the terms of the contract entered into by the two parties (users/members) vest in us nor shall we have any obligations or liabilities in respect of such contract. We are not responsible for unsatisfactory or delayed performance of Services or non-performance of Services.
(v) You release and indemnify us and/or all or any of our officers and representatives from any claims as to cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law by which this Agreement is governed. Notwithstanding our reasonable efforts in that behalf, we cannot control the information provided by other Users which is made available on the Site. You may find other User’s information to be offensive, harmful, inaccurate, false or deceptive. Please use caution, common sense and safe practice while using the Site. Please note that there are also risks of dealing with unwanted and wrong people as also with people of unsocial elements. You may report any content which you may find offensive by writing to us at email@example.com and we shall verify and take necessary actions as we may deem fir in our sole discretion.
15. CONTENT POSTED ON THE SITE
16. COPYRIGHT POLICY
i. You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
ii. Without limiting the foregoing, if you believe that your work has been copied and posted on the MorusOnline.com Service in a way that constitutes copyright infringement, please provide us and our representatives with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number and e-mail address; a written statement by you that you have good faith/ belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
iii. MorusOnline.com can be reached by writing to the__________ address located under the Help/Contact section on the site. All the contents included on this Site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software is thepropertyofMorusOnline.com or its content suppliers and is protected by Indian and International copyright laws.
iv. The compilation of all content on this Site is the exclusive property of MorusOnline.com and protected by Indian and International copyright laws.
v. All software used on this Site is the property of MorusOnline.com or its software suppliers and protected by Indian and International Copyright Laws.
17. LIMITATION OFLIABILITY
i. MorusOnline.com has made available this Service as a matter of convenience. We expressly disclaim any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this Service in an obscene, vulgar or pornographic manner. User irrevocably agrees and acknowledges that the User shall be solely responsible for his/her conduct and agrees to indemnify and hereby indemnifies the Website from any legal actions in relation to such acts.
ii. MorusOnline.com reserves the right to terminate your rights to use the Service immediately in case of you uploading of any obscene, vulgar or pornographic images, photographs or pictures or altering or distorting the images available under this Service in an obscene, vulgar or pornographic manner, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time.
iii. In no event shall MorusOnline.com be liable for any direct, indirect, punitive, incidental, special or consequential damages or for 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 Sites/Services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this Agreement, even if MorusOnline.com has been advised of the possibility of damages, or inability to use the Sites/Service or related Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the other Sites/Services, or otherwise arising out of the use of the other Sites/Services, whether based on contract, tort, negligence, strict liability or otherwise, even if MorusOnline.com or any of its suppliers have been advised of the possibility of damages. MorusOnline.com does not endorse in anyway any advertisers/ contents of advertisers on its WebPages.
iv. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account and password. MorusOnline.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel subscription in their sole discretion.
i. The information about the Services on our Site are provided by MorusOnline.com on the basis of the information received from third parties and are on an “as is where is” basis.
ii. MorusOnline.com makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the information, content, materials or Services included on this Site.
iii. To the full extent permissible by applicable law, MorusOnline.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchant ability and fitness for a particular purpose.
iv. MorusOnline.com will not be liable for any risk that you undertake with respect to damages of any kind arising from the use of this Site or any of the Services offered, including but not limited to direct, indirect, incidental, punitive and consequential damages.
v. MorusOnline.com only provides the platform for Services and does not directly or indirectly render such Services.
vi. MorusOnline.com expressly disclaims any warranties whether express or implied about the suitability, reliability, availability, timeliness, quality, continuity, performance, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Sites/Services for any purpose.
vii. All such information, software, products, services and related graphics are provided on “as is basis” without warranty of any kind.
viii. MorusOnline.com hereby disclaims all warranties and conditions with regard to this Service, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workman like effort, title and non-infringement.
ix. Users specifically agree that MorusOnline.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through our Site/Service.
x. Users specifically agree that MorusOnline.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other user or any infringement of another’s rights, including intellectual property rights.
xi. Users specifically agree that MorusOnline.com is not responsible for any content sent using and/or include in our website/Service by any third party.
i. User agrees to defend, hold harmless indemnify and hereby indemnifies MorusOnline.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including advocates and attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
ii. This clause shall survive the expiry or termination of this Agreement.
20. SUGGESTIONS, COMPLAINTS, AND DISPUTES
i. Suggestions and complaints are to be first addressed to MorusOnline.com / Customer Support Department at MorusOnline.com.
21. ELECTRONIC COMMUNICATIONS
i. When you visit MorusOnline.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.