Terms of Use
Welcome to DesiMochi. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) 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 DesiMochi marketplace platform – www.DesiMochi.com (hereinafter referred to as “Platform”)
Your use of the DesiMochi and services and tools are governed by the following terms and conditions (“Terms of Use“) as applicable to the DesiMochi including the applicable policies which are incorporated herein by way of reference. By mere use of the DesiMochi, You shall be contracting with DesiMochi Designs Private Limited, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with DesiMochi
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “DesiMochi”,”We”,”Us”,”Our” shall mean DesiMochi Designs Private Limited and its affiliates.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), 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 this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform 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, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by DesiMochi Policies including but not limited to Privacy Policy as amended from time to time.
1. User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
2. Services Offered:
DesiMochi provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product. DesiMochi 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.
3. Platform for Transaction and Communication:

The Users utilize to meet and interact with one another for their transactions on the Platform. DesiMochi is not and cannot be a party to or control in any manner any transaction between the DesiMochi’s Users. Henceforward:

  • All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. DesiMochi 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 the Buyers and Sellers.
  • DesiMochi does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
  • DesiMochi is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. DesiMochi cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
  • At no time shall DesiMochi hold any right, title or interest over the products nor shall DesiMochi have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
  • The DesiMochi is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. DesiMochi is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall DesiMochi hold any any right, title or interest over the products nor shall DesiMochi have any obligations or liabilities in respect of such contract. DesiMochi is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  • Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
  • You release and indemnify DesiMochi and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the DesiMochi and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, DesiMochi cannot take responsibility or control the information provided by other Users which is made available on the Platform.
4. User Conduct and Rules on the Platform:

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • belongs to another person and to which You do not have any right to
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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
  • is misleading in any way
  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
  • 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
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
  • contains video, photographs, or images of another person (with a minor or an adult).
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
  • interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
  • 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
  • violates any law for the time being in force
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
  • shall not be false, inaccurate or misleading
  • 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
  • A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
    • Users doesn’t reply to the payment verification mail sent by DesiMochi
    • Users fails to produce adequate documents during the payment details verification
    • Misuse of another Users’s phone/email
    • Users uses invalid address, email and phone no.
    • Overuse of a voucher code
    • Use of a special voucher not tagged to the email ID used.
    • Users returns the wrong product
    • Users refuses to pay for an order
    • Users involved in the snatch and run of any order
5. Contents Posted on Platform:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and DesiMochi has no control over such third party user generated content as DesiMochi is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such 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 may use information on the products and services purposely made available on the Platform for downloading, provided that You

  • do not remove any proprietary notice language in all copies of such documents,
  • 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,
  • make no modifications to any such information, and
  • do not make any additional representations or warranties relating to such documents.