Our Terms and Conditions

3.1. You shall not share your account credentials or let anyone else access your account, or do anything else that might jeopardize the security of your User account.

3.2. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the account credentials, you must immediately notify Mesky and modify your account credentials.

3.3. You are solely responsible for maintaining the confidentiality of your account credentials, and you will be responsible for all uses of the account credentials and will be liable for all of your activities on the Portal made from your User account, whether or not authorized by you. We are not responsible if your User account is accessed by any other person using your password for undertaking any transactions relating to the Services.

3.4. Access to your User account is password protected. You understand that it is your obligation to protect the information you have provided on the Portal including, but not limited, to usernames, display name, passwords, email addresses, contact details, bank account information etc.

4.1.Various companies sell their Products directly on the Portal (“Brands”) on the commercial terms offered by them to you. Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by you for purchase of a Product constitutes an offer. All orders placed by you on the Platforms are subject to the availability of such Product, Mesky s acceptance of you offer and your continued adherence to these T&C.

4.2. You acknowledge and understand that Mesky is an online platform that facilitates you to purchase Product(s) listed on the Portal at the price indicated therein at any time. Mesky is only providing a platform for communication and it is agreed and understood by the User that the contract for purchase of any of the Products or Services shall be a strictly between the User and the Brand only.

4.3. You acknowledge and undertake that you are accessing the Services provided on the Platform and are transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform. You may place the orders on the Platform for the Products and at the price indicated therein.

4.4. You shall not engage in any transaction with regard to any Product, which is prohibited by the provisions of any applicable law or regulations in India for the time being in force.

4.5. Mesky is not responsible for any non-performance or breach of any order placed with the Brands on the Portal. Mesky cannot and does not guarantee that the concerned Brands will perform any transaction concluded on the Platform.

5.1. Any Brand that is a registered seller on the Portal is allowed to list their Product(s) or merchandise and display for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this T&C.

5.2. Brands shall ensure that (a) listings may only include text descriptions, graphics and pictures that describe their Product(s) for sale; (b) all listed Product(s) are listed in the appropriate category on the Platform; (c) Product(s) do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties; (d) Product(s) displayed on the Portal must be kept in stock for successful fulfilment of sales; (e) description of the Product(s) is not misleading and must describe actual characteristics of the Product.

5.3. All details regarding the Product(s) and price information, deals and offers related to the Product(s) are provided by the Brands to Mesky for inclusion on the Portal and the Brands are solely responsible for the accuracy of the information, validity of the prices, charges, deals, offers and other information relating to the Product(s) offered on the Portal.

Separate contracts govern the relationship between Mesky and Brands for the display and sale of their Product(s) on the Portal. These T&C do not govern and are not applicable to (and do not amend or modify) the relationship and arrangement between Mesky and such Brands as set forth in such separate contracts.

You understand that by ordering a Product using the Portal, You are entering into a binding contract with the Brand of the Product to purchase the Product using the facilities available on the Portal.

6.1. You represent and warrant that: (a) your use of the Platform and/or Services will not violate any applicable law or regulation; and (b) all information that is submitted to Mesky in connection with the Platform and/or Services is true and accurate.

6.2. You shall not create an account using false identity or information or on behalf of someone other than yourself.

6.3. The User represents that he/she has the legal right and capacity to enter into these T&Cs either in his individual capacity (in case of a User above 18 years) or through the parent and/or legal guardian (in case of a User below 18 years).

6.4. The User and Brand acknowledge that the T&Cs on the Portal do not cover Products sold by the Brands and bought by the User from the sellers/Brands other than through the Portal.

6.5. You are voluntarily uploading reviews on the Platform and agree not to host, display, upload, modify, publish, transmit, update or share on or through the Platform, any information that: (a) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever; (b) infringes any patent, trademark, copyright or other proprietary rights; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (d) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or enacing in nature; (e) violates any law for the time being in force.

6.6. You represent that you are solely responsible for any consequence resulting from any User activity for uploading any Product reviews or accessing any Services on the Portal.

6.7.User shall refrain from using any inappropriate, obscene, indecent, abusive language as a part of their display name or for any other purposes involving communication on the Platform and/or other Users.

6.8.You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Portal by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Portal, you agree to grant us a royalty-free, world-wide, non- exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute and publicly display your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, display name, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your Content.

6.9. The User agrees that the use of the Portal is permitted through tools provided or explicitly permitted by the Portal. Users agree not to use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, easter eggs, cancel bots, intelligent agents, etc.), software, bots, hacks or any unauthorised third-party software designed to modify or interfere with the Portal’s Services or to navigate or search the Platforms.

6.10. Users registered on the Portal, hereby agree to be contacted by third parties for promotion and marketing purposes. Users acknowledge that their personal data may be shared with third parties for purposes such as those, including but not limited to customer data analysis, advertisements etc, subject to Mesky’s Privacy Policy.

6.11. You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, governing law and jurisdiction shall survive the efflux of time and the termination of these T&C.

7.1. You agree and acknowledge that you will have to make the requisite payment for the Services availed by you on the Platform. All payments shall be collected through secured payment options and/or cash on delivery. Mesky accepts online payments using either credit card, debit card, net banking, digital wallets or any other payment option via the payment gateway service provider such as Razorpay as made available by the Platform from time to time.

7.2. Mesky does not maintain any wallet function and no monetary withdrawals in any form whatsoever are possible on the Portal.

7.3. Upon payment of the consideration for the Products or undertaking to pay for the Product (in case of cash on delivery), the Product shall be delivered to you, in accordance with the Shipping and Delivery Policy.

7.4. Various payments such as credit card, net banking, etc are processed through the payment gateway service provider such as Razorpay which will require authorization for processing of payments. We are not responsible for delays or denials at their end and processing of payments will be solely in accordance with the payment gateway service provider’s policies and procedures without any responsibility or risk at our end.

7.5. You agree that in an event of your payment being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever.

7.6. Orders may be split into separate shipments depending upon the Products ordered for, despite the customer having made one single consolidated payment against one order ID. Separate shipments, after being split, shall have separate expected delivery period.

7.7. Mesky shall not be responsible if some purchase is not registered or is lost due to any network problems such as breakdown of server, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the User and the payment gateway service provider without involving Mesky.

7.8.Mesky may, at its sole and absolute discretion, vary or modify the Coupon Codes being offered to Users. No User shall raise any claim against Mesky or question its right to modify such Coupon Codes being offered, prior to purchase of the Product.

8.1.We provide an option to allow our Users to share reviews, feedback, User experience, comments and encourage free exchange of ideas and observations by enabling User to upload User generated content by way of videos and posting comments or write ups on the Products purchased on Mesky (collectively, Content).

8.2. By accessing, viewing and/or posting any Content on any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘T&Cs’ and Privacy Policies, as well as any other terms as prescribed by the Mesky on the Platform

8.3. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork including all videographic feedback or Product reviews posted on a separate section on the Platform is considered as User generated content and Mesky has no control over such content as Mesky is merely an intermediary for the purposes of this T&C.

8.4.The Content posted does not necessarily reflect Mesky’s views. In no event shall Mesky 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 all Content which You provide and all information provided is required to be accurate without misleading other viewers and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

8.5.It is expressly clarified that You will retain ownership and shall solely be responsible for any Content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Services. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

8.6. 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.

8.7.No information, content or material posted on the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.

8.8 Content posted on the Platform is protected under copyright, trademark and other applicable laws in accordance with these T&Cs. No User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any commercial purpose or for personal gain.

8.9You hereby grant to Mesky, a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, review, feedback, comments etc., posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the you waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by them to Mesky through the Platform.

8.10. You shall not exaggerate or over emphasize the attributes of any Product so as to mislead other Users in any manner and You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any Product that are being displayed on the Platform.

8.11. Notwithstanding its reasonable efforts in that behalf, Mesky does not take responsibility or control the information provided by other Users which is made available on the Platform.

8.12. Mesky shall not be liable for any dispute or disagreement between Users relating to any Content posted on Mesky and Mesky is not obligated to mediate or resolve any dispute or disagreement amongst two or more Users of the Platform.

9.1. User shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Portal or part thereof.

9.2. User shall not use the Portal in any manner that could damage, disable, overburden or impair it.

9.3.User shall not modify, adapt, translate or create derivative works based on the Portal.

9.4. User shall not intentionally interfere with or damage operation of the Portal or other Users enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or malicious code or file with contaminating or destructive features

9.5. User shall not use any automated device or use manual process to monitor or copy the Portal.

9.6.User shall not interfere or disrupt the Portal or any networks associated with the Portal.

9.7. User shall not host, display, upload, modify, publish, transmit, update or share any information which (a) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous when providing reviews and/or feedback; (b) any other content that is misleading in any way; (c) any content that is racially, sexually, religiously, or otherwise objectionable or offensive (d) contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

9.8. User shall not falsify his/her personal information (including, but not limited to, name, email address, bank account details and/or any other information) or documentation as may be requested by Mesky to enter into any transaction and/or for uploading any content on the Platform.

9.9.User shall not use any false e-mail address or use the Portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Mesky by sharing multiple address and phone numbers or transacting with malafide intentions on the Portal.

9.10. User shall not engage in any conduct, which if in the opinion of Mesky deems to be improper, unfair or otherwise adverse to the operation of the business of Mesky or is in any way detrimental to other Users, then Mesky may, at its sole discretion, block or de-register the User from accessing the Portal in accordance with the T&C.

9.11. User is considered to indulge in fraudulent activity if (a) User returns the wrong product; (b) Users refuses to pay for an order in case of cash on delivery; (c) miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Mesky (d) Products are used for commercial re-sale (e) any activity on the Portal may cause annoyance and inconvenience and abuses any policy and rules of Mesky and interrupt or causes to interrupt, damages the use by other Users of Mesky.

9.12. User shall not attempt to, or harass, or abuse, or harm, or advocate or incite harassment any of the other Users including our employees, our customers or anyone associated with Mesky.

9.13.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 bar any such User activity.

10.1.Users shall be solely responsible for any consequences which may arise due to any activity that is in non-conformity with these T&C and other policies of Mesky. Mesky is neither liable nor responsible for any actions or inactions of the Users of the Portal or for any breach of conditions, representations or warranties by them.

10.2.Users shall indemnify, defend, and hold Mesky harmless from any third party/entity/organization claims arising from or related to User s engagement with Mesky or in relation to the Content uploaded on the Portal.

10.3.Mesky accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or Brands in relation to the Products displayed on the Portal.

10.4.Mesky specifically disclaims any liability in connection with your transactions with third parties which may have advertisements or are hyperlinked on the Portal.

10.5.Mesky shall not have any right, title or interest in the Products sold through or displayed on the Platform and Mesky does not have any obligations or liabilities in respect of any transactions on Platform except as provided in this T&Cs.

10.6.Mesky disclaims responsibility and liability for any harm/consequence resulting from cancellation of any Product delivery. You acknowledge and agree that you will not be entitled to any refund or compensation in any form whatsoever except in case of any service outages that may be caused by failures of our service providers, computer viruses or contaminants, industrial action by third parties, power failures, natural disasters, civil disturbance, or any other cause beyond the reasonable control of Mesky prior to the delivery of Product.

10.7.Mesky disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party content or User content posted on our Portal. Intellectual property rights in any content not belonging to us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.

10.8.In no event shall Mesky or any of its directors, officers, employees, agents be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from and including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to (a) use of or the inability to use, the Portal or access the Content and functions related thereto and the provision of information via the Platform; (b) any Content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Platform; (c) breach of condition, representations or warranties by the manufacturer of the Products; (d) unauthorized access to or alteration of the User s transmissions or data; (e) for non-availability of the Mesky during periodic maintenance operations or any unplanned suspension of access to the Mesky Portal.

10.9.We are neither be liable nor responsible for any actions or inactions on the part of Brands who sell their Products on the Portal or for any breach of conditions, representations or warranties by the sellers or manufacturers of the Products and hereby expressly disclaim and any all responsibility and liability in that regard.

10.10 To the maximum extend that is permissible under law, Mesky’s liability shall be limited to an amount equal to the Product’s purchased value bought by You on our Portal.

11.1.Subject to the T&Cs, Mesky may levy a nominal fee on orders on the Portal. The fee shall be charged on the overall order value. Mesky reserves the right to modify/waive off the fee from time to time. The fee shall be in Indian Rupees. The order amount shall be inclusive of such fees.

12.1.If we suspect that you have breached these T&C or has illegally or improperly used the Portal or if requested by any legal enforcement or government authority, we will take whatever steps we and/or they deem are necessary, including but not necessarily limited to suspend (temporarily or permanently), restrict or terminate or block such User’s access to the Portal, deactivate or delete the User s account and take other technical and legal steps that are deemed necessary.

12.2.We reserve the right to void your purchase orders, or withhold any or all of your orders placed on the Portal in the event that we suspect you have breached T&C or if there is any ongoing investigation involving a suspected breach of these T&C or any criminal, dishonest or fraudulent activity.

12.3.In the event of breach of any of the T&Cs by the User, then Mesky may at its sole discretion (a) delete any Content or other materials relating to your use of the Service; (b) unilaterally terminate Your account on any event of breach of these T&C (c) reserves the right to refuse access to the Portal, terminate accounts including any linked accounts without notice to you.

12.4.Mesky may also at its sole discretion, unilaterally discontinue any aspect of the Portal at any time, including the availability of Portal’s feature, database, or Content posted in any dedicated page of the Portal in which case, these T&C will be suspended to that extent.

12.5.We may also impose limits on certain features and services or restrict your access to parts or whole of the Portal, without notice or liability at any time in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose. However, under normal circumstances, we will only do so where there has been conduct that we believe violates T&C or relevant notices /policies posted on the Portal or conduct which we believe is fraudulent, harmful to other Users or to our business or to other Users.

12.6.Mesky may suspend or terminate your use of the Mesky or any Service 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 T&C or anyway otherwise acted unethically.

13.1You hereby understands that with your registration on the Platform, you may receive notifications from Mesky in the form of SMS messages on their registered mobile number or e-mails. These notifications could relate to User registration or transactions that is carried out through the Platform and/or promotions.

13.2. Further, Mesky may also send notifications and reminders to Users with respect to their activity on the Platform, in relation to the Services. Please note that while Mesky endeavors to provide these notifications and reminders to you, Mesky does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you.

13.3.The User can unsubscribe / opt-out from receiving communications, newsletters and/or other notifications from Mesky at any time by contacting [email protected].

14.1.Your transactions details may be preserved by Mesky for purposes of tax or regulatory compliance and all information collected from Users, such as registration details shall be governed by the Privacy Policy which is available at [Privacy Policy would be hyperlinked]

15.1 The Portal is controlled and operated by Mesky and includes a combination of content created by the Portal (including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights), its partners, its affiliates, licensors, associates and its Users. Intellectual Property shall include all software and the materials published on the Portal but not limited to software, advertisements, written consent, photographs, graphics, images, illustrations, marks, logo, that is owned by Mesky.

15.2.Material or any information on Mesky is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of Mesky, modification of the materials, use of the materials on any other 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.

15.3.The trademarks, logos and service marks displayed on the Portal are the properties of or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use them without the prior consent of Mesky, its affiliates, associates or its content suppliers or users or the third party that may own the marks.

15.4.User agree to indemnify and hold harmless Mesky, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of intellectual property rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Portal, by such User or through the Users Content on the Portal.

15.5.User hereby grants to Mesky and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish User content for any of the following purposes: (a) displaying Users Content on the Portal; (b) distributing Users content, either electronically or via other media, to other Users seeking to download or otherwise acquire it; (c) storing Users content in a remote database accessible by end Users. This license shall apply to the distribution and the storage of Users content in any form, medium, or technology.

15.6.You agree not to use or apply for registration of any marks, or domain names which are similar to the marks or domain names used in connection with the Portal or owned by Mesky.

16.1.By registering, you are considered to have accepted and understood all the T&C. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these T&C by you does not amount to surrendering our rights to act with respect to any prior, concurrent, subsequent or similar breaches.

16.2.Failure of Mesky to exercise or enforce any right or provision of these T&C will not constitute waiver of such right or provision. Any waiver of any provision of these T&C will be effective only if it is in writing and signed by Mesky.

16.3.Mesky does not promise or ensure that you will be able to access your User account or undertake activities whenever you want. It is entirely possible that you may not be able to access your User account or the Portal at times or for extended periods of time due to, but not limited to, system maintenance, repairs and updates.

16.4.Mesky will do its best to monitor, edit or remove Content where it considers is appropriate or necessary to do so. Mesky does not promise that any user generated Content on the Portal is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.

16.5.As a means to assist you in identifying the Products of your choice, Mesky provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Mesky disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to you. The appearance of the Product when delivered may vary for various reasons.

16.6.Mesky hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Mesky’s Return & Exchange Policy offers you the option to return or exchange items purchased on Mesky within the return/exchange period which is available at [Return and Refund would be hyperlinked]

16.7. Mesky makes no representations or warranties as to the quality, suitability or merchantability of any Product displayed on the Portal for sale by the Brands and shall not be liable in respect of the same.

16.8.Mesky has no involvement regarding any mediation or resolving any dispute or disagreement between You and the Brands for the Products purchased on the Portal.

17.1.The manner of delivering the Product(s) at the User’s respective address shall be detailed in the shipping and delivery policy.

18.1.You agree to defend, indemnify and hold harmless us, our licensors and our affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorney’s fees that may arise from or relate to a breach of these T&C for which you are responsible.

18.2.Without limiting the generality of the foregoing, you agree to indemnify and hold Mesky and its licensors harmless for any fraudulent, improper or illegal use of your User account, including the fraudulent, illegal or improper use of the same by someone to whom you have given permission to use your User account.

18.3.You will be personally responsible for your use of our Portal and for all of your communication and activity on Mesky, including any Content you contribute and/or upload, and that you will indemnify and hold harmless Mesky, its licensors and our affiliates from any liability or damages arising from your conduct on the Portal.

18.4.Users shall indemnify, defend, and hold Mesky harmless from any third party/entity/organization claims or liability arising from or related to such Users engagement (including but not limited to User generated Content or otherwise) with Mesky through the Portal. In no event shall Mesky be liable to any User for acts or omissions arising out of or related to Users engagement with the Portal.

18.5. In addition to specific references to limitation of liability of Mesky elsewhere in the T&C, under no circumstances (including, without limitation, in contract, negligence or other tort), Mesky shall be liable for any injury, loss, claim, loss of data, loss of income, or loss of opportunity, loss of or damage to Product(s), general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to access or use, the services on the Portal. You further agree to indemnify us and our service providers and licensors against any claims in respect of any such matter.

19.1.All the Products listed on the Platform are inclusive of all applicable taxes. You will 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 service tax, GST, duties and cesses etc in accordance with the current prevailing rate (if applicable) on the Product and subject to further revisions by the Government of India as applicable from time to time.

19.2.You are responsible for payment of all fees, costs and charges associated with the purchase of Products from the Brands on the Portal and You agree to bear any and all applicable taxes, levied on the Products on their sale unless otherwise stated.

20.1. Mesky has tie ups with Brands who will be responsible for delivery of Products purchased by Users on the Portal. The terms and conditions of the relevant Brand is also applicable in this regard.

20.2.The Portal may contain links to websites that are not owned, managed or controlled by us. Such links are provided solely as a convenience to you. Mesky is not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from such other websites through advertisements on the Portal (if any).

20.3.We do not endorse, guarantee or make any representations or warranties regarding any products, services or terms and conditions of such other websites and disclaim any liability with respect to your use and access of other third-party websites. The User shall be solely responsible for reviewing the terms and conditions applicable to such third-party website or app, prior to transacting or availing of the services/offers of such third party.

20.4.If you decide to access or rely on any other websites linked to or from our Portal, you do so entirely at your own risk. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate third party.

20.5.Quality, suitability and merchantability of the Products on the Portal are governed by the terms and conditions of the Brand supplying and providing them.

20.6.The fact of a link existing on our Portal to a third-party website or app is not an endorsement of that website or app by us.

20.7.User agrees that Mesky will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties.

20.8.As the Portal contains content that is created by it as well as content provided by third parties and Users, it does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users while utilizing the Services rendered by the Portal.

21.1.Notwithstanding anything contained in these T&Cs or elsewhere, Mesky shall not be held responsible for any loss, damage to You if you suffer such loss, damage is attributable to a Force Majeure Event. A Force Majeure Event in this context means any event that is beyond Meskys reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

22.1.Mesky reserves the right to modify the T&C associated with the use of the Portal or any Products sold therein. You are responsible for being updated and regularly review these T&C and additional terms posted on the Portal.

22.2.Our notification of any change shall not waive your obligation to keep yourself updated about the changes in the T&C. Your continued use of the Portal constitutes your agreement to all such terms, conditions, and notices.

22.3.Any changes are binding on you and if you do not agree to the changes, you are required to refrain from using the Portal.

23.1. In compliance with Consumer Protection Act, 2019 and the rules made thereunder, the Grievance Officer of Platform shall be Mr. Amit Barnwal who can be reached at [email protected] or by normal/physical mail addressed to B-205, Raj Mahal C.H.S.Ltd, Raheja Complex Yaari Road, Versowa, Andheri West, Mumbai, Maharashtra 400058. For the purpose of redressing the grievances with respect to the T&C or any other rules, or breach of security or otherwise, the User shall email at [email protected] to the Grievance Officer.

23.2.On receiving such complaint, grievance or notice, Mesky reserves the right to investigate and/or take such action as Mesky may deem appropriate. Mesky may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.

23.3.Mesky disclaims all liabilities arising in relation to objectionable Content on the Portal. Any User if exposed to objectionable Content, the User is requested to immediately report the same to the Grievance Officer in the manner provided under Clause 22.1 and the Portal will endeavour to remove such content as soon as possible after investigation.

23.4.Our decision on complaints shall be final and binding on you.

24.1.Any disputes arising on account of or out of this T&C shall be governed by the laws of India and the courts at Mumbai shall have exclusive and rightful jurisdiction to adjudicate upon all disputes arising out of this T&C.

24.2.Any difference, dispute, controversy, or claim (“Dispute”) which may arise between the Parties out of or in relation to or in connection with this T&C, or the breach, termination, effect, validity, interpretation or application of this T&C or as to their rights, duties or liabilities hereunder, shall be settled by the Parties in good faith and by mutual negotiations within 30 (thirty) days of issuing or receiving the notice of such dispute provided by one party to the other. If, for any reason, such Dispute cannot be resolved amicably by the Parties within the period mentioned above, the same shall be referred to arbitration by a sole arbitrator to be appointed by the Parties within 15 (fifteen) days from the date of expiry of the aforesaid 30 (thirty) days. The decision of the arbitration tribunal shall be final and binding upon the Parties. The venue and seat of the arbitration shall be Mumbai. The arbitration proceedings shall be conducted in English language.

24.3. At Mesky, we are committed towards ensuring that disputes between Users and Brands are settled amicably. However, in the event that You wish to contact Mesky about the any Brand, You may reach out to customer support at [Centralised email id to be inserted].

25.1. Headings used in the T&C are for convenience only and shall not affect their interpretation

25.2.We may transfer (assign) or novate our obligations and rights under these T&C to a third party without notice to you. If this occurs, your rights under these T&C will not be affected and our obligations under these T&C will be transferred to the third party who will remain bound by them. You may not transfer your obligations and rights under these T&C.

25.3.These T&C contains the entire agreement between you and us with respect to its subject matter. You acknowledge that you do not rely on any representation, warranty or other provision except as expressly provided in these T&C, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

25.4.These T&C are between you and us. They are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these T&C.

25.5.If any of the provisions of these T&C are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, then those provision(s) shall be deemed severed from the remainder of these T&C shall be valid and enforceable.

25.6.You agree to use the Portal and the Product(s) provided on the Portal only for purposes that are permitted by these T&Cs and any applicable law. You shall not use or access the Portal in a manner that prejudicially affects the interests and goodwill of the Portal, Mesky or its affiliates or associates.