1. USER ACCOUNT
1.1. In order to use the Website/Application, you are required to provide various information about yourself including your name, email address and other personal information to create an account (“Account”). You agree that any information you provide to Morning Cart on the Website/Application will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
2. USAGE PROCEDURE
2.1. By using your Account, you may place orders for various products at the available time-slots provide therein (“Order”). Your Order shall be communicated to a vendor offering such a product within the (“Vendor”). All information shared by you while placing the Order shall be provided to the Vendor (“User Information”).
2.2. Pursuant to you placing an Order, Morning Cart shall send you auto-generated SMS or emails summarizing your Order. In case of any discrepancy or inconsistency between the Order and the message/email received, kindly inform us immediately.
2.3. You will have the option of providing feedback upon completion of the Order (“Feedback”), which shall form part of User Information.
3.1. Morning Cart reserves the right to charge a fee in the future for use of the Services, and shall update this fee policy by posting the changes on the Website/Application.
3.2. For certain items, where it is necessary to do so, or it is standard practice to do so, Morning Cart may levy a small delivery fee for the supply of such items.
3.3. The total value of your Order will be billed to your credit/debit card, a payment gateway or other payment method designated at the time you place your Order. In the event your do not pay on time or if payment cannot be processed for any reason, Morning Cart reserves to not honour or fulfil your Order. In the event credit is extended to you, Morning Cart reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.
4. REFUND AND CANCELLATION
4.1. In the event a product is not delivered to the User, the User’s wallet will be credited with an amount equivalent to the value of the product not delivered within three (3) working days
4.2. In the event the User wishes to cancel his/her Order, or any party of it, or modify the same, he/she can do so before 10 P.M. on the day prior to which the order is to be delivered.
5.1. The Website/Application contains content owned or licensed by Morning Cart (“Morning Cart Content”). Morning Cart owns and retains all rights in the Morning Cart Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Morning Cart Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Morning Cart Content.
5.2. The Morning Cart name and logo are trademarks of Morning Cart, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Morning Cart, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Morning Cart, and may not be copied, imitated or used, in whole or in part, without prior written permission from Morning Cart.
5.3. If you share your User Information (defined below) with Morning Cart or link your User Information and/or User Content to Morning Cart on a third party service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Morning Cart a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Information and your name, voice, and/or likeness as contained in your User Information, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website/Application and Morning Cart’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website/Application(and derivative works thereof) in any media formats and through any media channels.
6. USAGE AND CONDUCT
6.1. Use of the Website/Application
6.1.1. You may use the Website/Application for lawful purposes only. You shall not post or transmit through the Website/Applicationany material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
6.1.2. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website/Application in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website/Application; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Website/Application; (v) collecting or harvesting any personally identifiable information, including account names, from the Website/Application; (vi) using the Website/Application for any commercial purposes without having all necessary rights and licenses to the User Information; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Website/Application; (ix) accessing any content on the Website/Application through any technology or means other than those capabilities provided by the Website/Application; or (x) bypassing the measures we may use to prevent or restrict access to the Website/Application, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website/Application or the content therein.
7.1. THE WEBSITE/APPLICATION IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THE WEBSITE/APPLICATION IS AT THE USER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE/APPLICATION IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MORNING CART OR THROUGH THE WEBSITE/APPLICATION WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MORNING CART, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON THE WEBSITE/APPLICATION IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE/APPLICATION WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE/APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE/APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE/APPLICATION IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE/APPLICATION.
8. LIMITATIONS AND DISCLAIMERS
8.1. The Website/Application is a platform through which certain merchants (“Vendors”) make available offerings, and the Vendor is solely responsible to you for the care and quality of the goods and services it provides.
8.2. You agree and acknowledge that all commercial/contractual terms are offered to you by vendors and businesses utilising the Website/Application (“Vendor(s)”) and agreed to between you and Vendor(s) alone. Morning Cart does exercise any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Vendor(s).
8.3. Morning Cart does not make any representation or warranty as to the quality or value of the goods offered on the Website/Application. Morning Cart does not implicitly or explicitly support or endorse any goods on the Website/Application, and shall not be a party to, or in any way monitor any transaction between you and any third-party providers. Morning Cart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
8.4. Morning Cart is not responsible for any non-performance or breach of any contract entered into between you and the Vendor(s), shall not and is not required to mediate or resolve any dispute or disagreement between you and the Vendor(s).
8.5. Morning Cart shall have any obligations or liabilities in respect of such contract entered into between you and the Vendor(s). Morning Cart is not responsible for unsatisfactory or delayed delivery of goods, or damages or losses suffered as a result.
8.6. You acknowledge that there will be occasions when the Website/Application may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
8.7. You agree that Morning Cart is not responsible for, and does not endorse, User Information posted within the Website/Application. Morning Cart does not have any obligation to pre-screen, monitor, edit, or remove any User Information. If your User Information violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Information.
8.8. Morning Cart reserves the right to remove any User Information from the Website/Application for any reason, without prior notice. User Information removed from the Website/Application may continue to be stored by Morning Cart, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Morning Cart will not be liable to you for any modification, suspension, or discontinuation of the Website/Application, or the loss of any User Information.
8.9. The Website/Application may contain certain banners, promotions and advertisements, and you acknowledge that the same shall not be construed as endorsements by Morning Cart.
8.10. The Website/Applicationmay contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Morning Cart. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Morning Cart, you do so at your own risk and you acknowledge and agree that Morning Cart will have no liability arising from your use of or access to any third-party website, service, or content.
8.11. We may, without prior notice, change the Website/Application, stop providing the Website/Application or features of the Website/Application, to you or to Users generally, or create usage limits for the Website/Application. We may permanently or temporarily terminate or suspend your access to the Website/Application, or delete any User Information without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
9. PRIVACY AND SECURITY
9.2. You understand that Morning Cart cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10.1. Morning Cart may terminate these Terms for any reason at any time. Morning Cart reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website/Application, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
11.1. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website/Application. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
12. LIMITATION OF LIABILITY
12.1. IN NO EVENT WILL MORNING CART OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE/APPLICATION BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF A) YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE/APPLICATION OR ANY LINKED SITES, OR B) IN CONNECTION WITH THE CONDUCT OR PERFORMANCE OF A VENDOR. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MORNING CART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
13. GOVERNING LAW
13.1. This Agreement shall be governed by the laws of India, and the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.
14. MISCELLANEOUS PROVISIONS
14.1. Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
14.2. Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
14.3. Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
14.4. No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
Any notice required or permitted to be given to Morning Cart hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Morning Cart. All notice required to be given under these Terms shall be addressed to:
[Morning Stars Retail Private Limited]