Terms & Conditions
M M Mithaiwala Private Limited (MMMPL) has a mission to deliver premium quality, tasty and the widest range of food products which are fresh and traditional in taste prepared in hygienic conditions and without any compromise, to our customers at home and abroad. With the launch of our e-commerce website, MMMPL has achieved a milestone and taken a significant step forward.
This website and the information, material listed on this website is for giving information about our products, services. You are free to contact us for more information, send queries, offers regarding our products, services.
Please read the following terms of business carefully, before you place an order.
Terms and Conditions of Use, Privacy and Security Statement, Products, Ordering and Delivery Information, Cancellation and Refund Policy, Disclaimer & Limitation of Liability (Collectively referred to as the "Terms of Business") these pages constitute an integral part of our terms and contain important information about your order. None of the conditions mentioned herein affect your statutory rights according to the laws of India.
This agreement applies between you , the User of this website and M M Mithaiwala Private Limited, denoted as “MMMPL, the owner(s) of this website. Your agreement to comply with and be bound by the Terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using this website immediately.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS OF BUSINESS AND ITS CONDITIONS, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
Any other terms and conditions of business either inadvertently excluded or included, specified may be modified at any point in time shall not be taken advantage of and will be construed in accordance with the laws of India.
Use of this website
- This Website, www.mmmithaiwala.com is solely and exclusively owned and operated by MMMPL and hereinafter referred to as the “Website”. Except as otherwise stated on this Website and except for all the copyrights, trademarks, brand names, logos, service marks and trade name and other intellectual property rights incidental or consequential thereto are the sole and exclusive property of “MMMPL”.
- No data from the Website may be copied, modified, reproduced, republished, uploaded, posted, transmitted or distributed in any way and except that you may download one copy of the materials on any single computer for your personal non-commercial residential use only, provided that you keep intact all copyright and other intellectual property rights. Use of the materials for any other purpose is a violation of “MMMPL’s” proprietary rights and is not permissible.
- The use of any such material on any other Website or networked computer environment is strictly prohibited and shall render you liable for civil, criminal or other legal proceedings.
- Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are displayed on this Website, all trademarks, logs, brand name, copyright, service marks and trade name associated with “MMMPL” are the sole and exclusive property of M M Mithaiwala Private Limited.
- You are not entitled to use the services provided by MMMPL or the Website for any illegal or unauthorized purpose. International users must agree to comply with all local laws regarding online conduct and acceptable content.
- You must refrain from using the services provided by MMMPL or the Website to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights of others.
Limitation of Liability
- MMMPL shall not be liable or responsible for any damage consequential or otherwise that may result from the use of, or the inability to use, the materials on this Website.
- Under no circumstances, shall MMMPL be liable to you for any damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this Website.
- You declare and endorse that you are accessing this Website voluntarily and entirely at your own risk, and the consequences incidental or resultant to such use.
- You concede and agree that MMMPL neither endorses the content of advertisements nor third parties' web content, nor shall it be held responsible or liable for the accuracy of material contained therein, or any infringement of third party intellectual property rights taking place, or any fraud or other crime committed thereby.
- Neither MMMPL nor any of its employees shall be liable or responsible for any direct, indirect, incidental, special or consequential damages arising out of or relating to these Terms and conditions of use, inter alia resulting from the use or the inability to use the Website services or resulting from any services provided by MMMPL or any messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of user's transmissions or data.
- Under no circumstances shall MMMPL be held liable or responsible for any delay, failure, default or disruption of the contents or services delivered through the Website to you.
- MMMPL or employees shall not in any manner be responsible for any force majeure event, act of God or any circumstances beyond its control, as set out hereinafter which hinder your free and full access to the Website or its services. Or will not be held responsible for any information displayed by it or for updating any such information.
- "MMMPL as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time"
Property Rights in the Website and Content, Informational Purposes and Compliance with Law
- The Website www.mmmithaiwala.com, the copyrights, trademark, logo, trade name, brand name and other intellectual property rights now existing or that may arise/accrue in future to MMMPL from the website www.mmmithaiwala.com and the Contents thereof are the sole and exclusive ownership and property of MMMPL and are protected by applicable copyright, trademark and other intellectual property laws of India.
- You are not permitted to modify, assign, license, distribute, sell, reproduce, display, transmit, disseminate, publish, broadcast, circulate, commercially exploit or create derivative works based on the Website, or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our written consent, except as authorized herein. You also hereby agree, and consent not to use the Website or the Content for any unlawful or immoral intent and further to comply with any and all requests from MMMPL to protect our respective rights in the Website and the Content.
- Use of the Website or the Content in violation of these Terms and conditions of use, any rule or regulation or any applicable law, or the rights of any third party is strictly prohibited and any act to the contrary shall be entirely at your own cost, risk, and consequences thereof.
- We expressly prohibit the use of devices and software designed to provide repeated automated access to the Website and the Content for any commercial purpose except for those expressly authorized by us.
- We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Website. In the event that you download any software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") shall always be the ownership and property of MMMPL and MMMPL retains full and complete title to the Software, and all intellectual property rights therein.
- Under any circumstances, you are made aware of any infringement of any intellectual property rights of MMMPL or any action or proceedings against MMMPL you shall immediately inform MMMPL of the same in good faith.
Responsibilities of users
Usernames and Password
- MMMPL shall from time to time provide you with, or shall ask you to create exclusive user names, passwords to enable you to access and use the Website.
- You shall be liable and responsible for the security and confidentiality of the username and password and agree not to disclose them to any third party.
- You are responsible for any and all information provided and all acts and/ or omissions that occur while Usernames and Passwords are being used. MMMPL shall not be liable or responsible for any breach of security caused by your failure to maintain the confidentiality and/or security of any of the Usernames and password.
- If you create a login and apply for an account, you must provide accurate and complete registration information, and you are solely responsible for any activity that occurs under your identity. MMMPL is not responsible for unsatisfactory delivery or unavailability of service caused by inaccurate registration information.
- You agree and confirm to notify us immediately in the event of loss, theft or disclosure of any or all of the Usernames and Passwords, if you became aware and have knowledge that the confidentiality or security of any or all of the Usernames and Passwords has been compromised with, in any way or unauthorized access to and/or use of the Website.
- We reserve the right to revoke or modify the Usernames and Passwords at any time without prior notice. MMMPL reserves the right to refuse registration and deny creation of an Account and associated Username and Password to any User at its sole discretion.
Consent to Recording and Monitoring
- You give consent and your no-objection to MMMPL to record, retain and use all information, data and electronic communication that you input or otherwise communicate during your access to and/or use of the Website or any e-mail to or from us and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable, and our privacy policies.
- We explicitly reserve the right to monitor any and all use of the Website and its Contents by you.
Use of E-mail and other Electronic Messages
- You admit, acknowledge and confirm that you have full knowledge and information that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Website, a proprietary network, a computer, a pager or other wireless device or otherwise (collectively, "Electronic Messages") may not be secure and communications using Electronic Messages may not be confidential.
- MMMPL shall be neither liable nor responsible to update any information communicated to you using Electronic Messages nor shall MMMPL or its representatives be liable or responsible to timely see, process, act on or respond to any message sent by you using Electronic Messages
Your Representations and Warranties
You hereby represent and warrant to MMMPL that:
(i) you are accessing the Website on behalf of the company or organization to whom the Usernames and Passwords you used to access the Website were issued by us;
(ii) You authorize MMMPL to verify this information, and MMMPL at its sole discretion, may prosecute users for any incorrect information or any misrepresentation.
- you are accessing the Website on behalf of the company or organization to whom the Usernames and password you used to access the Website were issued by us and you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms and conditions of use for and on behalf of the company or organization on whose behalf we grant you access to the Website;
- you will not modify, reverse engineer, hack, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Website; or modify another website so as to falsely imply that it is associated with www.mmmithaiwala.com.
- You are of the age of 18 or above and of sound disposing mind; and have accessed the Website voluntarily with full knowledge and notice of the terms and conditions of use, its binding nature and consequences of such breach.
- You have the necessary consent, right and authority to provide any and all information transmitted to us using the Website and information so transmitted is true, correct accurate and complete and MMMPL may rely upon it.
- You shall from time to time and at all times comply with all the statutory, local laws, rules and regulation applicable to the use of the Internet, a computer device, use of electronic data/messages and your membership to the Website and shall not do any act, deed, matter or thing which shall constitute a violation or breach of the same.
- The information submitted by you for display on the Website shall not (i) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invade anyone's privacy or encourage conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; or (ii) contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information (iii) infringe or attempt to infringe the copyrights, trademarks, or other intellectual property rights of some third party.
- You shall be liable and responsible to verify the terms and conditions of use periodically for any changes or modifications that may be made by MMMPL.
- The personal information provided by you to MMMPL such as your name, address, email address, mobile number etc is authentic, true and correct.
- You shall neither place nor authorize any other person on your behalf to place, any false or bogus orders with MMMPL.
- You shall not disclose your username and password to any third person and are responsible for keeping your password secure.
- You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, digital media, or links ("Content") that you submit post, display and/ or distribute on or through the website.
You expressly understand, agree and have knowledge of the fact that:
Your use of the Website is at your sole discretion and responsibility. The services of the Website are being provided to you on an “as is” and “as available” basis.
MMMPL, its affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- MMMPL, its affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the services and products of the Website will meet your requirements or standard of expectation (ii) the services of the Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained from the use of such services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service or through the Service advertisers or partners will meet your expectations or requirements.
- Any material downloaded or otherwise obtained through the use of the Service is accessed by you at your sole and absolute discretion and free will voluntarily and you will alone be responsible for any risk, consequences or damage to your computer system or loss of data that results from the download of any such material.
- MMMPL and website do not allow the practice of misleading business activities, patent or copyright violations, trademark infringement, spam abuse, adult or unsuitable content, hacking- associated content, defamation to privacy and youth and lastly third party content and remark violations.
- This website may hold advertisement of registered companies, however, users attempting to utilize the website for their own marketing purposes with intentions of gaining financial benefits is prohibited. Spam’s are also generally tracked down and are outlawed. The website is not responsible for any interaction, contact or dealings between the company and advertisers present in the website.
Disclosure of User Information
- MMMPL shall not be held liable or responsible for disclosure of your user information, identity or contact information, to any statutory, local or governmental authorities or bodies or private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing or other unlawful activity or any sub-poena or legal action against you.
- You shall not hold MMMPL liable or responsible for any claims, demands, actions, disputes, costs, charge, expenses or damages incidental or consequential to such disclosure and you agree and consent to the terms and conditions of such use entirely at your own risk, costs and consequences of such disclosure.
You agree to indemnify and do hereby keep indemnified, owners, subsidiaries, affiliates, officers, employees, agents, their partners and assigns harmless from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, disputes, damages, costs, charges and expenses of any nature whatsoever suffered or sustained by MMMPL due to :
(i) your breach of any terms or conditions of use or your representations and warranties contained in these Terms and conditions of use,
(ii) your access to and/or use of the Website and/or the Content;
(iii) any act, deed, matter or thing which shall or may constitute an infringement of the copyright, trademark or any other intellectual property rights of any third party;
(iv) any bogus or false orders placed by you or any third party using your usernames and password;
(v) any false, incorrect or misleading information provided by you to MMMPL as to your name, e-mail address, address, mobile number etc;
(vi) any disclosure of information, usernames, password made by you to any third party. MMMPL shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise), for any interruption, delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website;
- any shortcoming / error with respect to any information or Services purchased or obtained from a User or a third-party content provider through MMMPL;
- unauthorized access by third parties to data or private information of any User;
- statements or conduct of any User of the Website; or
- authenticity, availability, suitability, reliability, accuracy of the information, software, services, content, etc;
Modification and Termination
- MMMPL reserves the right at its sole discretion at any time and for any reason with or without prior notice to you to (a) modify or discontinue, in whole or in part, any portion of the Website, the Content, hours of availability and/or your access to the Website, and (b) to modify, amend and alter these Terms and conditions of use (c) to modify add, subtract, alter the quality, color, feel of the product along with pricing.
- These terms and conditions of Use (as may be revised from time to time as described herein) are valid, subsisting and binding upon you and, unless otherwise expressly stated in these Terms and conditions of use, will survive the termination of your access to, and use of, the Website.
- (a) MMMPL may refuse, restrict, suspend or terminate your Account or services provided to you at any time, at its sole discretion without notice or suspend your Account until verification of the information you provided is complete without liability to you or any other party. MMMPL may take technical action to block you from visiting the Website if it has reasons to believe or notice that you have violated or committed breach of any of the terms and conditions of use.
(b) MMMPL shall in cases of suspected abuse, fraud, or violation make such rules and take such decisions relating to termination of membership / registration as shall be final and binding on you.
- Should you object to any of the Terms and conditions of use, or any subsequent modifications thereto, your only recourse is to immediately discontinue participation in the Website and properly terminate your membership / registration with MMMPL and you agree, confirm and undertake not to raise any dispute in respect thereof.
- These Terms and conditions of use represent the complete and exclusive agreement and understanding between you and MMMPL regarding your rights to access the Website and to use the Content, and supersedes all agreements, writings, understandings which you may have with, and all representations (whether written or oral), regarding such subject matter.
- Should any term or provision of these terms and conditions of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.
- MMMPL’s failure to insist at any time upon strict compliance with any term of these Terms and conditions of use, or any delay or failure on our part to exercise any power or right given to us in these Terms and conditions of use, or a continued course of such conduct on our part shall at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise.
- All rights and remedies given to us in this Terms and conditions of use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law, equity or under this Agreement.
- The terms and conditions of Use will be binding upon you and your successors-in -title and assigns.
- Any and all headings in the text of these Terms and conditions of use are solely for convenience or reference and do not constitute a part of these Terms and conditions of use, nor do they affect the meaning, construction or effect of these Terms and conditions of use.
- The terms "including" and "includes" as used in these terms and conditions of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or “includes, but not limited to."
- MMMPL may assign or delegate its rights, duties or obligations under these Terms and conditions of use without your prior consent. However, you shall not assign or transfer your membership or username to a third party without the prior written consent of MMMPL.
- These Terms and conditions of use are in addition to, and do not nullify, any other agreement between you and MMMPL governing the conduct of your relationship with us or any other applicable terms and conditions found on the Website.
Neither MMMPL nor any of our affiliates are liable for losses caused directly or indirectly by any of our non-performance as a result of events beyond our control including natural disasters, acts of God, war, terrorism, strikes / bandhs, actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of our obligations with respect to the effected elements under these Terms and conditions of use will be suspended for the duration of such Force Majeure Event.
Governing Laws, Jurisdiction and Dispute Resolution
1. Governing Laws
This Agreement shall be governed by and construed in accordance with the laws of India.
The competent Courts at Mumbai, India shall have the sole and exclusive Jurisdiction to try and entertain all the disputes arising between the parties hereunder.
3. Dispute Resolution
3.1 Amicable Settlement of Disputes
Any or all differences, disputes, non-compliance or non-payment arising out of these presents or interpretation thereof shall be firstly resolved amicably by the parties, within a period of 30 days from the date of receipt of notice by either Party from the other Party of any such dispute or difference.
3.2.1 In the event the Parties fail to amicably settle and resolve the dispute/s or difference/s that may have arisen between them within a period of 60 days from the date of reference, any and all such claims, disputes, questions, controversies, differences, non-payment or non-compliance involving any of the Parties in respect of or concerning or connected with these presents or its interpretation or implementation, or any clause or provision hereof, including related to the execution, validity, performance or breach or relating to the termination hereof (collectively referred to as “Disputes”), shall be referred to Arbitration in accordance with the terms of Article 3.2.2 below.
3.2.2 The arbitral tribunal shall constitute of the sole arbitrator appointed by MMMPL.
The Arbitration proceedings shall be commenced and prosecuted in accordance with the provisions of the Arbitration and Conciliation Act,1996 (Arbitration Act) and the rules made there under, as may be amended from time to time or its reenactment in force. The Arbitral Tribunal shall be appointed in the manner provided in the Arbitration Act.
3.2.3 The place of arbitration and the seat of arbitral proceedings shall be at Mumbai, India. Any arbitral proceedings pursuant to any reference made under this Agreement shall be conducted in English language. The decision over appointing a Arbitrator or arbitral tribunal will be with the consent of both the parties to the dispute as per provisions of the Arbitration Act. The decision of the arbitral tribunal and any award given by the arbitral tribunal shall be final and binding upon the Parties.
Continuance of Obligations
Notwithstanding the existence of any disputes between the Parties which is referred to the process of amicable resolution or, arbitration as the case may be, the parties during the pendency of the process of amicable resolution or, arbitration as the case may be, shall respectively continue to act on matters under this Agreement which are not the subject matter of the dispute or difference as if no such dispute or difference had arisen.