USE OF THE PLATFORM
Welcome to www.mdpl.in ("Site"). The website/domain name www.mdpl.in, hereby referred to as Platform is owned and operated by Maheshwari Datamatics Private Limited a company incorporated under the provisions of the Companies Act, 2013 with its corporate head office at 23, RN Mukherjee Road, 5th Floor, Kolkata-700001.
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 "We","Us","Our", “Website”, “Platform”, “Domain”, "MDPL" shall mean Maheshwari Datamatics Pvt Ltd.
You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your usage of our Site and your conduct, regardless of the means by which you may choose to access the Platform. These Terms of Use govern all the services offered on the platform www.mdpl.in including any interactive services that may be offered by the company on the Platform/website/domain.
The following e-retail Platform/website www.mdpl.in shall be used only for your personal non-commercial use and information. Your use of the services and features of the Platform shall be governed by these Terms and Conditions or Terms of Use along with the Privacy Policy (together "Policies") as modified and amended from time to time.
When You use any of the services and/or features provided by Us through the Platform, 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.
If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transactions.
By merely accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not.
You indicate your UNCONDITIONAL AGREEMENT to all the Terms and Conditions or Terms of Use in this Agreement by accessing, browsing or using the platform even if you choose to not opt for carrying out transactions on the website.
Please read the Terms and Conditions of the Agreement carefully before proceeding. If you do not agree to any of the terms as enlisted in the Terms and Conditions or Terms of Use or the Policies, please do not use the Platform.
It is your sole responsibility to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material.
MDPL reserves unilaterally, the sole right and authority to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If MDPL decides to change the Terms of Use or Policies, MDPL will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be administered henceforth from the period of time it is made effective. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
ACCOUNT
This site is to be used by adults only. MDPL or its associates do not knowingly collect information from minors. In case of accessing, browsing or usage of any features or services embedded in the Platform by any minor, we will automatically deem it to have been governed under the supervision of their guardians.
If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful/fraudulent use of the Site resulting from such access or use of the Site in whatsoever nature.
If You use the Website, You shall be responsible for maintaining the confidentiality of Your Display Name and Password and hereby accept responsibility for all activities that occur under your Display Name and Password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. 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 this 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.
You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to MDPL.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in MDPL’s best interests to do so. You are solely responsible for all contents that you upload, post, and e-mail or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
PRIVACY PRACTICES
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by MDPL in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of MDPL.
SERVICES OFFERED
MDPL provides a number of Internet-based services through the Platform. Among these, one such service pertains to enabling shareholders to apply for various corprate actions as deemed suitable by the company from time to time.
SERVICES INFORMATION
MDPL reserves the right to correct, adjust, modify, reorganize, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services on the Platform.
PRICING INFORMATION
MDPL endeavors with utmost efforts to provide accurate pricing information. However, inaccuracies and errors may occur, which may be subject to change at the sole discretion of MDPL.
Availability of the services and prices listed for the same on the Platform are subject to change at the sole discretion of MDPL without prior notice.
MDPL may cease to sell any service at any given point of time on the platform. In the event, MDPL is unable to deliver the service to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the service or at your instructions due to failure to deliver the service.
MODE OF PAYMENT
In case of purchase of any service from the Platform, the payment for the same may be made via Net Banking or UPI.
CHARGES
MDPL does not charge any fee for browsing and buying on the Website. MDPL reserves the right to change its fee policy from time to time. In particular, MDPL may at its sole discretion introduce new related services and modify some or all of the existing services offered on the Website. In such an event MDPL reserves the right to introduce platform fees or fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to MDPL through modes of payment.
LINKS AND THIRD PARTY SITES
References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute endorsement, sponsorship or recommendation of the third party by MDPL, or indicate any association and relationship between MDPL and those third parties.
MDPL is not responsible for the content posted by any third party sites and does not make any representations regarding the content or factual accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. MDPL do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
USER CONDUCT AND RULES OF CONDUCT 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:
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, 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 whatsoever
c) is misleading in any way
d) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
e) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
f) 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
g) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
i) contains video, photographs, or images of another person (with a minor or an adult).
j) 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
k) interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services
l) 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
m) violates any law for the time being in force
n) threatens the unity, integrity, defence, 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
o) shall not be false, inaccurate or misleading
p) 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:
a)Users doesn't reply to the payment verification mail sent by MDPL
b) Users fail to produce adequate documents during the payment details verification
c) Misuse of another User’s phone/email
d) Users use invalid address, email and phone no.
e) Users refuse to pay for an order
f) Any order paced using a technological glitch/loophole.
You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of MDPL.
You shall not use any false e-mail address, impersonate any person or entity, or otherwise mislead MDPL by sharing multiple address and phone numbers or carry out transactions with malicious intentions.
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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
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 Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, 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.
You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
The Content posted does not necessarily reflect MDPL views. In no event shall MDPL 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 Platform. 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 libellous, tortious, or otherwise unlawful information.
MDPL hereby disclaims any guarantees of exactness as to the finish, appearance, size, colour etc., of the final Product as ordered by the User. MDPL Return & Exchange Policy offers you the option to return or exchange items purchased on MDPL within the return/exchange period (Please read carefully, the number of days up to which a product can be returned/exchanged, post-delivery). In case of return of the purchased item, please refer to the "Return Policy"
COMPLIANCE WITH LAWS
The Buyer and Seller shall comply with all the applicable laws including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, 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 the Government of India) applicable to them respectively for using the Payment Facility and Website.
APPLICABLE LAW
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. Courts at Kolkata shall have exclusive jurisdiction for resolution of any dispute arising out of the use of the Website.
INDEMNITY
You shall indemnify and hold harmless MDPL, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
JURISDICTIONAL ISSUES
The material/content posted on this platform is presented solely for the purpose of sale in India only unless specified otherwise. No representation on the Platform shall be made that may be deemed appropriate or available for use in other countries/locations other than India by MDPL. Those who choose to access the Platform from other locations/countries other than India do so on their own initiative and MDPL 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.
TRADEMARK COPYRIGHT AND RESTRICTION
This Website is controlled and operated by MDPL to sell services. All materials/content on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. Material on this Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material whatsoever, including by email or other electronic means and whether directly or indirectly. You must also not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
TRADEMARK COMPLAINT
We at MDPL respect and regard the intellectual property of others. In case of any event where You feel your intellectual property may have been infringed, you may contact us.
LIMITATION OF LIABILITY
In no event whatsoever shall MDPL be liable or deemed liable for any special, punitive, incidental, indirect or consequential damage of any kind or degree in connection to the use of these Terms and Conditions or Terms of Use even if the User had been intimated prior about the possibility of any damage.
SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
sending unsolicited email, including promotions and/or advertising of products or services; or
forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability
TERMINATION
These Terms and conditions are effective unless and until terminated by either you or MDPL.
You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. MDPL may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.
MDPL may unilaterally, without prior intimation or information, suspend or terminate your use of the MDPL or any service or features on the Platform if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms and Conditions/Terms of Use will survive indefinitely unless and until MDPL chooses to terminate them.
GENERAL
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
GRIEVANCE REDRESSAL/CONTACT INFORMATION
In case of any complaints, queries or grievances, You may contact us at shashikant@mdpl.in