TERMS OF USE

The following terms of use (“Terms of Use”) constitute a binding legal agreement between Indianmesh Private Limited (Owner of Mink Pedlars) and the User(“you/your”) with respect to your use of services provided by Mink Pedlars (“Services”) which are available at www.minkpedlars.com (“Website”). By using the Services described/available on the Website, you acknowledge and agree to these Terms of Use and Privacy Policy (“Policy”), a copy of which is available at (www.minkpedlars.com/privacypolicy), which are incorporated herein by reference.
You specifically represent and warrant that you are at least 18 years of age and are of sound mind capable of contracting as understood under the applicable provisions of law and have the right, authority, and capacity to accept these Terms of Use and to abide by the same.

1. USER REGISTRATION AND USE

a. The User(s) while using the Website must follow/abide by all the related laws. Mink Pedlars may, in its sole discretion, refuse the Service to anyone at any time.
b. In order to use the Website, you will need to register by creating a password-protected account ("Account"). To create an Account, you must submit your name, address, telephone number and email address through the Account registration page on the Website and create a password. You will also have to provide additional optional information to Mink Pedlars for providing you with a more customized experience when using the Website. Mink Pedlars may send regular SMS updates to the mobile numbers registered with it.
c. By using your Account, you can post a request for the type of service desired (“Service Request”). A qualified person/entity offering your desired Service (“Service Expert”) will respond to your request and provide details of when and how the Service Request will be addressed. All information shared by you detailing the required service for which the Service Request is raised and the information provided in response (and any associated discussions) provided by the Service Expert shall be termed as “Content”.
d. Pursuant to you placing a Service Request, Mink Pedlars will acknowledge via an auto-generated SMS (“Acknowledgment Message”) the fact of receipt of such Service Request. In case of any discrepancy or inconsistency between Service Request and Acknowledgement Message received, you must inform us immediately. The fact that you receive an Acknowledgment Message does not necessarily mean that Mink Pedlars will be able to fulfill your Service Request. The Acknowledgment Message is only a confirmation of the receipt of your Service Request and is not a confirmation that the Service Request will be undertaken by Mink Pedlars.
e. On successful receipt of a Service Request from you, Mink Pedlars will notify a Service Expert of the Service Request either by an email or a call or through an SMS and await the Service Expert’s acceptance of being able to service the said Request. Upon Mink Pedlars’ receipt of the Service Expert’s acknowledgment to address the Service Request made by the User, a message confirming or rejecting the Service Request will be sent to you. You acknowledge that the lag in time is owing to Mink Pedlars’ reasonable efforts to ensure availability of the Service Expert to address the Service Request. No act or omission of Mink Pedlars, prior to sending the confirmation message, will constitute acceptance of the Service Request. Mink Pedlars will then provide the details of the Service Expert to you and will send the Service Expert to the location specified by the User to address the Service Request.
f. You must notify us immediately if you decide to cancel your order, preferably by phone/email and quote your order number which you received upon the confirmation of your Service Request. You can cancel an order free of charge at any time until a confirmation message has been sent to you with the Service Expert details. Any cancellation thereafter shall require you to pay the Visiting Fees as stated below, once the billing mechanism is applicable.
g. You will have the option of providing feedback upon completion of the Service Request (“User Rating”). You agree to provide your User Rating in a truthful and honest manner and agree not to tamper with or modify any User Rating provided by any other User on the Website. Mink Pedlars works to provide the most hassle-free experience. In the event that the User is dissatisfied with the Services provided by the Service Experts, the User shall directly contact Mink Pedlars at customers@minkpedlar.com to discuss about the grievances or discrepancies in the Services provided.
h. You shall be solely responsible for all activity that occurs on your Account including the Content uploaded by you and you shall notify Mink Pedlars immediately of any breach of security or any unauthorized use of your Account.
i. Mink Pedlars will not be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. An Account holder is sometimes also referred to herein as a "Registered User."

2. USER RULES AND RESPONSIBILITIES

a. You acknowledge and agree that you are bound by the following:
   i. You will not copy or distribute or alter or modify any information available on the Website in any medium without Mink Pedlars prior written authorization;
  ii. You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information so that it will remain accurate, true, current and complete;
  iii. You shall not solicit, or contact in any form the Service Experts for direct business without the express written permission of Mink Pedlars;
  iv. You shall not (i) interferes or attempts to interfere with the proper working of the Website or the Website's infrastructure; or (ii) bypasses Mink Pedlars’ measures that are used to prevent or restrict access to the Website;
  v. You will not fail to deliver payment for Services purchased by you. You shall pay the Service or labour cost, visit or transportation cost (if applicable), item cost (if applicable), convenience cost (if applicable) and any fee or levy presently payable or hereinafter imposed by the law;
  vi. You will not indulge in misusing or damaging any of the devices (technical/non-technical) of the Service Expert;
  vii. You will not agree to purchase a Service which does not meet the Service Expert's terms as outlined in the Service Expert provided terms of service;
  viii. You will not disclose any confidential information such as your password, etc.
  ix. distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  x. Violate any applicable laws or regulations for the time being in force.

b. In the event of violation of the above mentioned duties/ responsibilities by the User(s), Mink Pedlars in its sole discretion deactivate or delete User Account, without notice or cancel the Service Request; or limit the User's Account privileges.

3. OWNERSHIP AND LICENCE

a. By posting your Content on the Website including User Rating, you hereby grant, represent and warrant that Mink Pedlars has a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, display your Content and User Rating in connection with the Mink Pedlars’ business operations, including without limitation, for the promotion of any part or all of the Website.
b. Mink Pedlars owns all right, title, and interest in the Website and its content including its design, layout, text, images, graphics etc. All title, ownership and intellectual property rights including trademarks and copyrights on all the Content except the third party content and link to third party Website on Mink Pedlars’ Website shall remain with Mink Pedlars and its affiliates as the case may be.
c. All content on this Website is the copyright of Mink Pedlars except the third party content and link to third party Website on Mink Pedlars Website. Systematic retrieval of Mink Pedlars content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Mink Pedlars is prohibited.
d. Mink Pedlars reserves the right to terminate the Account of a User(s) upon any infringement of its intellectual property rights, or any threat thereof, by any User.

4. FEES

a. Mink Pedlars reserves the right to charge a fee in the future to Users for the utilization of the Services provided by Mink Pedlars on a per-transaction basis or in any other manner. Mink Pedlars shall update this fee policy after providing you with thirty (30) days' notice by posting the changes on the Website.
b. You agree that Mink Pedlars is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website and Services. In addition to any other charges, you shall pay a minimum amount as a visiting fee to the Service Expert to address the Service Request (“Visiting Fee”). The fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a Service. If you do not pay on time or if Mink Pedlars cannot charge your credit card, any payment gateway or other payment method for any reason, Mink Pedlars reserves the right to either suspend or terminate your access to the Website and Account. Mink Pedlars reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.

5. REFUNDS

Upon receipt of a complaint from the User, Mink Pedlars shall conduct an investigation into the complaint and upon examining the circumstances and all associated evidence determine whether the User is eligible for a refund. In the event that a refund is due to the User, Mink Pedlars shall process the same. User acknowledges that eligibility for refund shall be determined in Mink Pedlars’ sole discretion.

6. DISCLAIMER OF WARRANTIES

a. Mink Pedlars is providing the Services to the User “as is” and “as available” without any warranties of any kind, either express or implied.
b. Without prejudice to the above, Mink Pedlars makes no representation or warranty that:
   i. The Services will meet Users requirements;
  ii. The Services will be uninterrupted, timely, secure, or error-free;
  iii. It will assume responsibility for any service advertised or offered by a third party including a Service Expert through the Website;
  iv. It shall be responsible for any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, any interruption or cessation of transmission to or from the Website, any defamatory, offensive, or illegal conduct of any third party or User or Service Expert;
  v. It shall be liable for any conduct of the Service Expert. However, it will use commercially reasonable efforts to address any complaints that you may have against any Service Expert and that you bring to Mink Pedlars’ attention.
c. The User is using the Website at his or her own risk. To the fullest extent allowed under applicable law, Mink Pedlars disclaims all warranties, whether express or implied, including any warranties that the Website is merchantable, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or able to operate on an uninterrupted basis, or that the use of the Website by the User is in compliance with laws, or that User generated Content will be successfully, accurately or securely transmitted.

7. LIMITATIONS OF LIABILITY

a. To the fullest extent available under applicable law, in no event shall Mink Pedlars, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, Service Experts, suppliers, and agents (a) be liable to the User with respect to use of the Website or Services or the conduct of a Service Expert; and/or (b) be liable to the User for any direct, indirect, special, incidental, consequential, punitive, exemplary or other damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of User information including Sensitive Date (as defined in the Policy) that you disclose to the Service Expert or device failure or malfunction even if Mink Pedlars was advised of the possibility of such damages, including without limitation damages or injury caused by error, omission, interruption, defect, failure of performance, unauthorized use, delay in operation or transmission, computer virus or other harm. The User’s sole and exclusive remedy is to cease use of the Website or Services.
b. Mink Pedlars does not have any control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve Mink Pedlars from any and all liability arising from your use of any third party website.
c. You acknowledge, agree and understand that Mink Pedlars only seeks to provide a platform wherein the User and Service Expert can be brought together and Mink Pedlars itself has no role in the execution of Services.

8. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Mink Pedlars, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, Service Experts, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your access to, use of the Website, violation of these Terms of Use, or violations of any rights of a third party, or any allegation thereof, including without limitation any intellectual property, or privacy right; or your negligence or willful misconduct. Indemnification obligation will survive these Terms of Use and your use of the Website.

9. TERMINATION

a. The Terms of Use commences on the date you first access/use the Website. Mink Pedlars, in its sole and absolute discretion, has the right to delete, terminate, or deactivate your Account, block your email or IP address, terminate your access to or use of the Website. You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by deactivating your Account. Upon termination of this agreement by either party, your right to use the Website or Services shall immediately cease. On receiving a request to delete the Account from any User, Mink Pedlars shall endeavour to delete the Account within thirty (30) days of receipt of such request.
b. You understand and agree that Mink Pedlars may retain your Content for backup and archival purposes. Sections 4(Fees), 5 (Refund), 6(Disclaimer of Warranties), 7(limitation of liability), 8(Indemnification), 9(Termination), 10(Governing law), 11(Dispute Resolution), 12(Notice), 13(General provisions) shall survive expiration or termination of the Website or your Account.

10. GOVERNING LAW

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this agreement will occur exclusively in the High Court of Punjab and Haryana, India.

11. DISPUTE RESOLUTION

If a dispute arises between you and Mink Pedlars, you and Mink Pedlars hereby agree to resolve any claim or controversy that arises out of the Terms of Use or the Website in accordance with this Section 11 or as otherwise agree in writing. Before resorting to the filing of a formal lawsuit, Mink Pedlars strongly encourages you to first directly contact to seek a resolution via e-mail at customer@minkpedlars.com. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

12. NOTICE

You agree that Mink Pedlars may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

13. GENERAL PROVISIONS

a. The terms of this agreement, any rights, obligations, or remedy hereunder may not be transferred, assigned, delegated or sublicensed by you except with Mink Pedlars’ prior written consent, and any attempt to assign, transfer, delegate, or sub-license without prior written consent from Mink Pedlars shall be null and void. Mink Pedlars may assign, transfer, or delegate this agreement or any rights or obligations or remedy hereunder in its sole discretion. These Terms of Use together with Policy and any amendments constitutes the entire agreement between you and Mink Pedlars relating to the subject matter herein and supersedes any and all prior written or oral agreements between you and Mink Pedlars. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable shall not affect the validity and enforceability of the remaining provisions. This Terms of Use may not be changed, waived or modified except by Mink Pedlars as provided herein or otherwise by written instrument signed by Mink Pedlars. No waiver by Mink Pedlars of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

14. AMENDMENT/MODIFICATIONS

Mink Pedlars may change, modify, amend, or update this agreement from time to time at the domain of www.minkpedlars.com/terms without any prior notification to User(s) and the amended and restated Terms of Use shall be effective immediately on posting. Your continuous use of the Services will signify your acceptance of the changed Terms of Use.