PLEASE READ THIS TERM OF SERVICE AGREEMENT CAREFULLY. BY USING OR ORDERING PRODUCTS ON THIS WEBSITE, MOCOM MOBILE APP OR ANY OTHER DIGITAL PLATFORM DIRECTLY OWNED BY MOCOM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE. ACCEPTANCE OF THE TERMS DOES NOT REQUIRE A SIGNATURE. YOUR USE OF THIS WEBSITE AND MOCOM MOBILE APP TO SELL/MARKET YOUR PRODUCTS IS DEEMED ACCEPTANCE OF THE TERMS GIVEN IN AMONGST OTHERS IN THE FOLLOWING
This Agreement includes, and incorporates by reference, the policies and guidelines referenced below. MOCOM reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this MOCOM website. MOCOM may alert you that changes, or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this MOCOM website. Your use of the MOCOM website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. MOCOM encourages you to review this Agreement whenever you visit the MOCOM website to make sure that you understand and aware of latest terms and conditions governing use of the MOCOM website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with MOCOM for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the MOCOM website. If you would like to print this Agreement, please click the print button on your browser toolbar
Terms of Offer. MOCOM website offers for sale certain products (the "Products"). By placing an order for Products through this Website, MOCOM mobile app or other digital platform directly owned by MOCOM, you agree to the terms set forth in this Agreement.
Unless you notify our third-party call center reps or direct MOCOM sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations MOCOM and its designated in house or third-party call team(s).
We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: user@MOCOM.in 3. You may send a written remove request to MOCOM registered at "Innov8 Orchid Center, 3rd floor, Golf Course Road, Sector-53, Gurugram, Haryana - 122002".
MOCOM has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by MOCOM. MOCOM also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
If you purchase any Products, you will be responsible for paying any applicable taxes.
Content; Intellectual Property; Third Party Links, In addition to making Products available, this MOCOM website also offers information and marketing materials. This MOCOM website also offers information, both directly and through indirect links to third-party websites, about products. MOCOM does not always create the information offered on this MOCOM website; instead the information is often gathered from other sources. To the extent that MOCOM does create the content on this MOCOM website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content from this MOCOM website is for personal, non- commercial use. Any links to third-party website(s) are provided solely as a convenience to you. MOCOM does not endorse the contents on any such third-party website(s). MOCOM is not responsible for the content of or any damage that may result from your access to or reliance on these third-party website(s). If you link to third-party websites, you do so at your own risk.
Use of Website: MOCOM is not responsible for any damages resulting from use of MOCOM website by anyone. You will not use the MOCOM website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the MOCOM website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the MOCOM website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the MOCOM platform.
License. By using this Website you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the MOCOM website in connection with your normal, noncommercial?, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from MOCOM or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant MOCOM a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. MOCOM does not have the ability to control the nature of the user-generated content offered through the Website or Mobile app. You are solely responsible for your interactions with other users of the MOCOM platform and any content you post. MOCOM is not liable for any damage or harm resulting from any posts by or interactions between users. MOCOM reserves the right, but has no obligation, to monitor interactions between and among users of the MOCOM platform and to remove any content MOCOM deems objectionable.
Your use of this website is at your sole risk. The MOCOM website/platform and products are offered on
an "as is"
and "as available" basis. MOCOM expressly disclaims all warranties of any kind, whether express or
implied,
including, but not limited to, implied warranties of merchantability, fitness for a particular purpose
and non-
infringement with respect to the products or MOCOM website/platform content, or any reliance upon or
use of
the MOCOM website/platform content or products. ("products" include trial products.)
Without limiting the generality of the foregoing, MOCOM makes no warranty:
1) That the information provided on this website, mobile app or any digital platform is accurate,
reliable,
complete, or timely.
2) That the links to third-party MOCOM website(s)/platform(s) are to information that is accurate,
reliable,
complete, or timely.
3) No advice or information, whether oral or written, obtained by you from this MOCOM
website(s)/platform(s)
will create any warranty not expressly stated herein. as to the results that may be obtained from the
use of the
products or that defects in products will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may
not
apply to you.
MOCOM entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the
MOCOM
website(s)/platform(s) content and products and/or for any breach of this agreement is solely limited to
the amount you
paid, less shipping and handling, for products purchased via the MOCOM website(s)/platform(s) .
MOCOM will not be liable for any direct, indirect, incidental, special or consequential damages in
connection with this
agreement or the products in any manner, including liabilities resulting from (1) the use or the
inability to use the MOCOM
website(s)/platform(s) content or products; (2) the cost of procuring substitute products or content;
(3) any products
purchased or obtained or transactions entered into through the MOCOM website(s)/platform(s) ; or (4)
any lost profits you
allege.
some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential
damages so some of
the above limitations may not apply to you.
You will release, indemnify, defend and hold harmless MOCOM, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys" fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the MOCOM website(s)/platform(s) content or your use of the MOCOM website(s)/platform(s) content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to MOCOM. When MOCOM is threatened with lawsuit or sued by a third party, MOCOM may seek written assurances from you concerning your promise to indemnify MOCOM; your failure to provide such assurances may be considered by MOCOM to be a material breach of this Agreement. MOCOM will have the right to participate in any defense by you of a third-party claim related to your use of any of the MOCOM website(s)/platform(s) content or Products, with counsel of MOCOM choice at its expense. MOCOM will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend MOCOM against any claim, but you must receive MOCOM prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the MOCOM website(s)/platform(s) or Products.
By using this MOCOM website(s)/platform(s) or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this MOCOM website(s)/platform(s).
Force Majeure. MOCOM will not be deemed in default hereunder or held responsible for any
cessation, interruption or
delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural
disaster, act of God,
war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. MOCOM may at any time, in its sole discretion and without advance notice
to you, cease
operation of the MOCOM website(s)/platform(s) and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and MOCOM and
supersedes any prior
agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of MOCOM to exercise or enforce any right or provision of this
Agreement will not constitute
a waiver of such right or provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties"
intentions as reflected
in the provision, and the other provisions of this Agreement remain in full force and
effect.
Governing Law; Jurisdiction. This Agreement will be governed by the laws of India the State of
Haryana without regard
to its conflict of law principles to the contrary. Neither you nor MOCOM will commence or prosecute any
lawsuit,
proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or
default of this
Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in
India. By using this
MOCOM website(s)/platform(s) or ordering Products, you consent to the jurisdiction and venue of such
courts in
connection with any action, lawsuit, proceeding or claim arising under or by reason of this Agreement.
You hereby waive
any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim
or cause of action
arising out of or related to use of the MOCOM website(s)/platform(s) or Products or this Agreement must
be filed within
one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY
RIGHT YOU
MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE.
ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED
INDIVIDUALLY.
Termination. MOCOM reserves the right to terminate your access to the MOCOM
website(s)/platform(s) if it reasonably
believes, in its sole discretion, that you have breached any of the terms and conditions of this
Agreement. Following
termination, you will not be permitted to use the MOCOM website(s)/platform(s) and MOCOM may, in its
sole discretion
and without advance notice to you, cancel any outstanding orders for Products. If your access to the
MOCOM
website(s)/platform(s) is terminated, MOCOM reserves the right to exercise whatever means it deems
necessary to
prevent unauthorized access of the MOCOM website(s)/platform(s) . This Agreement will survive
indefinitely unless and
until MOCOM chooses, in its sole discretion and without advance notice to you, to terminate
it.
Domestic Use. MOCOM makes no representation that the MOCOM website(s)/platform(s) or Products
are appropriate or
available for use in locations outside India. Users who access the MOCOM website(s)/platform(s) from
outside India do so
at their own risk and initiative and must bear all responsibility for compliance with any applicable
local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. MOCOM
may assign its rights
and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS MOCOM website(s)/platform(s) OR ORDERING PRODUCTS FROM THIS MOCOM website(s)/platform(s)
YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.