DESI MOCHI

Conditions of Use

The website www.desimochi.com ("Desimochi") is operated by Daddysdata Analytica Inc. ("Desimochi" or "us" or "we" or "our"), having its registered office located at Mansarovar Jaipur. Please read the Conditions of Use carefully before using the Desimochi website. By using the Desimochi website, you signify your agreement to be bound by these Conditions of Use.

Desimochi provides a platform for vendors to sell shoes and various related services. Our Privacy Policy outlines how we handle your data and information while using the platform. By using our services, you also agree to abide by our Privacy Policy, which governs the collection, storage, and processing of your personal information.

For queries or issues relating to Desimochi, you can contact us by clicking [Contact Us Link].

Conditions of Use

Please read these conditions carefully before using the Desimochi.com website. By using the Desimochi.com website, you agree to comply with and be bound by these conditions.

In addition, when you use any current or future Desimochi service (e.g., Wish List, Marketplace, etc.) ("Desimochi"), you will also be subject to the terms, guidelines, and conditions applicable to that Desimochi Service. ("Terms"). If these Conditions of Use are inconsistent with any specific service Terms, the Terms for that service will prevail.

These Conditions of Use constitute an electronic record as defined by the applicable law. A computer system generates this electronic record and does not require any physical or digital signatures.

Conditions Relating to Your Use of Desimochi.com

Your Account

If you use Desimochi.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You must take all necessary steps to ensure your password remains confidential and secure and inform us immediately if you suspect that your password has been compromised or is being used without authorization.

Please ensure that the details you provide during registration are correct and complete. Notify us immediately of any changes to the information you provided. You can access and update most of the details related to your account through the Your Account section of our website. You agree that your account on Desimochi.com will be used for purchasing shoes and related products for personal use only, not for business purposes. If you wish to purchase products for business purposes, you may need to create a separate business account. Desimochi.com reserves the right to refuse access to the website, terminate accounts, or edit content at any time without prior notice.

Privacy

Please review our Privacy Policy , which governs your visit to Desimochi.com. The personal information and data you provide to us during the course of using Desimochi.com will be treated as strictly confidential and in accordance with the applicable privacy laws. If you object to your information being used or transferred as described in our Privacy Policy, please refrain from using the website.

E-Platform for Communication

By using Desimochi.com, you acknowledge that it is an online platform that enables you to purchase products listed by independent vendors at the price indicated. Desimochi acts as a facilitator and does not directly control or participate in the sale of products. Accordingly, the contract for the sale of any product on the website is strictly between you and the seller.

Access to Desimochi.com

We strive to ensure that Desimochi.com is available without interruptions and that all transmissions are error-free. However, due to the nature of the internet, uninterrupted access cannot be guaranteed. From time to time, access may be suspended or restricted to allow for repairs, maintenance, or the introduction of new services and features. We will work to minimize the frequency and duration of such interruptions.

Account Responsibility

• Users must maintain the confidentiality of their account credentials.
• Any actions performed under an account are the user's responsibility.
• Desimochi reserves the right to limit access, edit content, or terminate accounts without prior notice.

Website Access and Usage

• Users are granted a limited license to access and use the website for personal use only, not for commercial purposes.
• Unauthorized reproduction, duplication, or exploitation of website content for commercial use is prohibited.

User Conduct

• Users must not misuse the website in a way that causes damage or disruption.
• The website must only be used for lawful purposes, with clear restrictions against posting illegal, offensive, or harmful content.

Reviews and Comments

• Users can post reviews, comments, and other content, provided it is legal and not offensive.
• Desimochi reserves the right to remove objectionable content and terminate access for violations.

License for Posted Content

• By posting content, users grant Desimochi a non-exclusive, royalty-free right to use, modify, and display that content.
• Users also waive the right to be credited as the author and must ensure they own the rights to the content they post.

Claims Against Objectionable Content

• Desimochi follows a "notice and takedown" process. Users can notify Desimochi of illegal or objectionable content, and Desimochi will work to remove it in a reasonable timeframe.

Intellectual Property Respect: Desimochi acknowledges and respects the intellectual property rights of others, highlighting their policy against infringement.

Reporting Infringements: If someone believes their intellectual property rights are being violated, they are encouraged to follow Desimochi's Notice and Procedure for Making Claims of Right Infringements.

Procedure for Claims: While the specific details of the procedure are not included here, it typically involves submitting a formal notification to Desimochi, detailing the infringement and providing relevant evidence.

Disclaimer

• User Responsibility: Users acknowledge they are accessing the site and conducting transactions at their own risk and using their judgment.
• Personal Use Only: Products are intended for personal use, not for business.
• Liability Disclaimer: Desimochi is not responsible for seller actions, product warranties, or disputes between users and sellers.

Indemnity and Release

• Indemnification: Users agree to indemnify Desimochi against claims or actions arising from their breach of the terms or violations of laws.
• Release of Claims: Users release Desimochi from any liabilities related to vendor actions.

Children

• Age Restriction: Users must be 18 or older, or use the site with parental consent.

Other Businesses

• Third-Party Responsibility: Desimochi does not endorse or take responsibility for third-party sellers or content linked on the site.

Communications

• Electronic Communication: Users consent to receive communications via email, SMS, or other means related to their orders.

Losses

• Limitation of Liability: Desimochi is not liable for business losses or indirect/consequential losses not foreseeable to both parties.

Alteration of Service or Amendments to the Conditions

• Policy Changes: Desimochi reserves the right to change policies and terms at any time, effective when posted.

Events Beyond Our Control

• Force Majeure: Desimochi is not liable for delays or failures beyond its control.

Waiver

• Rights Preservation: If Desimochi does not act on a breach, it retains the right to act on future breaches.

Governing Law and Jurisdiction

• Legal Jurisdiction: The terms are governed by Indian law, with disputes settled in Delhi courts.

Our Details

• Contact Information: Users can contact Desimochi through specified help links.

Customer Complaint Details

• Complaint Tracking: Users receive return emails with details on the status of complaints.

DesiMochi Software Terms

• Software Usage: Additional terms apply to any software provided by Desimochi.

Sanctions and Export Policy

• Compliance: Users must comply with Indian sanctions and export restrictions.

Notice and Procedure for Making Claims of Right Infringements on Desimochi

If you believe your intellectual property or any rights are being infringed upon, you can submit a Notice Form to Desimochi. We take swift action on such claims and respond to rights owners who properly complete and submit the form to communicate concerns about any alleged infringement.

Steps for Submitting a Claim:

1. Filing the Notice Form: You can access and fill out the Notice Form here. Ensure that all the necessary details are provided to expedite the process.
2. Review and Action: Upon receiving the Notice Form, we may take actions such as removing the infringing information or content. These actions are taken without any admission of liability or prejudice to rights, remedies, or defenses, which are all reserved.
3. Rights Granted to Desimochi: By submitting the Notice Form, you grant Desimochi the right to use, reproduce, modify, adapt, publish, translate, and display the content worldwide in any media. This may include forwarding the Notice Form to the party allegedly involved in the infringement.
4. Third-Party Listings: Please note that Third-Party Seller listings on Desimochi are solely hosted on our platform and posted at the discretion of these sellers. For any concerns regarding these listings, you may contact the seller directly through their "Seller Information" page.

Important Considerations:

• Identifiers: Identifiers for items on Desimochi can be found under the "Product Details" section of any listing.
• Warning: Providing false or misleading information in the Notice Form can result in civil or criminal liability. It’s advised to seek legal counsel if you are uncertain about any part of the process.

How to Submit:

• You can send the signed Notice Form via email in PDF format, or by fax, using the details below:
• Grievance Officer:
  • Name: Nipender Singh
  • Email PDF: [email protected]
  • Subject Line: Claim of Infringement
  • Fax: ----
  • Address: ------
• Make sure the form is signed and submitted with the correct subject line to avoid delays in processing.

Notice Form

Re: https://www.desimochi.com/

I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:

Contact Information:

• (a) Your and/or your company's name: [INSERT YOUR NAME OR COMPANY NAME]
• Address: [INSERT YOUR ADDRESS]
• Telephone Number: [INSERT YOUR PHONE NUMBER]
• Contact Email Address: [INSERT YOUR EMAIL ADDRESS]
• (b) Contact email address and/or name for Third Party Sellers (if relevant):[INSERT EMAIL ADDRESS FOR THIRD-PARTY SELLERS OR AUTHORIZE US TO USE THE ABOVE CONTACT INFORMATION]

Listing's Identifiers and Allegation of Infringed Right:

• (a) The listing's Identifiers number or detailed description:[INSERT Identifiers OR DETAILED DESCRIPTION OF THE ALLEGEDLY INFRINGING ITEM, INCLUDING THE NAME OF THE THIRD PARTY SELLER IF APPLICABLE]
• (b) Description of your intellectual property right(s) that you claim has/have been infringed:[INSERT DESCRIPTION OF YOUR INTELLECTUAL PROPERTY RIGHTS, e.g., copyright, trademark, patent]

[Repeat (2)(a-b) as necessary for multiple items]

Statements:

• "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
• "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorized to act on behalf of the intellectual property owner for the rights described above."

Signature:

[INSERT SIGNATURE]

Date: [INSERT DATE]

Notice and Procedure for Notifying Amazon.in of Objectionable Content:

If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined under Section 8 above, please notify us immediately by copying the Notice to Amazon.in of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail PDF or Fax to the Grievance Officer:

Grievance Officer Contact Information:

• Name: Saurabh Joshi
• Email PDF: [email protected]
• Subject Line: Claim of Objectionable Content
• Fax: 040 - 39922887
• Address: Amazon Seller Services Private Limited
  Ground Floor,
  Eros Plaza, Eros Corporate Tower,
  Nehru Place,
  New Delhi 110019

Please note that this procedure is exclusively for notifying Amazon.in of Objectionable Content on or advertised for sale on the Amazon.in website. Please provide your address, telephone number, and e-mail address when sending the notice to us.

Important Warning: Giving false, misleading or inaccurate information in the Notice to Amazon.in may result in civil and/or criminal liability.

Notice to Amazon.in of Objectionable Content

In the matter of Amazon.in

1. I, [Please set out your full name] of [please give your postal address], [please set your occupation], says as follows:
2. I refer to the website www.Amazon.in ("the website"). I make this statement in support of my giving Amazon.in notice that, via the website, it is causing or contributing to the publication of Objectionable Content.
3. The Objectionable Content (delete whichever paragraph is not applicable):
   1. (a) appear in a book being sold by Amazon.in via the website entitled [please state the book name and its author]. The Objectionable Content appears on page [please state the page number(s) where you consider the words constitute Objectionable Content]
   2. (b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the Objectionable Content appears].
4. The words/content that I consider to be Objectionable Content are[please repeat the exact words you are complaining about].
5. This content is Objectionable Content because [please state why you consider the content is Objectionable Content].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.

Statement of Truth

1. I declare the facts stated above to be true.
2. Signed: ___________
3. Dated: ___________

Please read the conditions of use carefully before using the Amazon.in website. By using the Amazon.in website, you signify your agreement to be bound by these conditions.

Conditions of Sale (Between Sellers and the Customer)

Please read these conditions carefully before placing an order for any products with the Sellers ("We," "Our," or "Us," wherever applicable) on Desimochi.com (the "Website"). These conditions signify your agreement to be bound by these terms.

In addition, when you use any current or future Desimochi.com service (e.g., Wishlist, Marketplace), you will also be subject to the terms, guidelines, and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.

Conditions Relating to the Sale of Products to You

Our Contract

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail acknowledges that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you when the product is dispatched to you, and an e-mail confirmation is sent to you that the product has been dispatched (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.

Your contract is with us (the Sellers), and you confirm that the product(s) ordered by you are purchased for your internal/personal use and not for resale or business purposes. You authorize us to declare and provide a declaration to any governmental authority on your behalf stating the purpose of the products ordered by you on the Website. You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. 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 typical for a normal household.

Returns

Most items purchased from sellers listed on Desimochi.com are returnable within the return window, except those explicitly identified as not returnable. The return is processed only if:

• It is determined that the product was not damaged while in your possession.
• The product is not different from what was shipped to you.
• The product is returned in its original condition (with the brand's/manufacturer's box, MRP tag intact, user manual, warranty card, and accessories).

You can review the return policy for products listed on Desimochi.com. For the products that are returned by the customer, the refund is issued to the original payment method (in case of pre-paid transactions) or to the bank account/Amazon Pay balance (in case of Pay on Delivery orders). Details for making such refunds and the timelines are detailed in the refund policy available on the website. Please review our Returns Policy, which applies to products sold by us.

Pricing and Availability

We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that dispatch estimates are just that; they are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.

All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties, and cesses as applicable—unless stated otherwise.

Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us, and you agree to bear any and all applicable taxes including, but not limited to, VAT/CST, service tax, GST, duties, and cesses, etc.

Children

Use of Desimochi.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor, i.e., under the age of 18 years, you may purchase only with the involvement of a parent or guardian.

Communications

When you visit Desimochi.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call, or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails, or phone calls from us with respect to your order.

Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.

Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events Beyond Our Reasonable Control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these conditions 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.

Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.