1. Introduction:

Welcome to MacWala Dot Com PVT LTD (“Company”, “we”, “our”, “us”)!
This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage www.macwala.com

By accessing or using www.macwala.com, website or the mobile application or any other media (hereinafter referred to as “Website”), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User”) agree to be bound by these Terms and Conditions (“Terms”).

The domain name ‘www.macwala.com’ is owned and operated by MacWala dot com Private Limited, a company incorporated under the Companies Act, 1956/2013 with its registered office at Shop No: 10, B-Wing, Sarovar Darshan, Dr. Almeda Road, Near TMC, Thane West, Thane, Maharashtra – 400602.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer by providing data while registering on the Website as registered user. “Service Providers” means, including but not limited to, any person, institution, firm, association, us and any other related party, who provides support in completion or facilitation of the Services provided by the Website. The term “Company”, “Website”, “We”, “Us”, “Our” shall mean MacWala.com and its affiliates.

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine.

The Company offers this Website, including all information, tools and services available from this Website to You, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

When You use any of the services provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service or product, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Website will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Company’s policies including but not limited to Privacy Policy as amended from time to time. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms of Use. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, Promotion rules will apply.

2. Eligibility to Use:

Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website. Any minor may use or transact on Website under the supervision of their legal guardian or parents.

By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.

3. Ownership:

The Website is owned, controlled and operated by MacWala.com, All materials on this Website, including but not limited to images, software, text, icons and such like are protected under the copyright laws.

The Company grants you no sub-license, whether limited or not, to access and make personal use of the Website, and not to download (other than page caching) or modify it or any portion of it, except with express written consent of the Company.

Any unauthorized use or modification of the materials or use of the materials published on the Website for any other purpose, other than as prescribed, shall result in violation of Company’s copyright and other proprietary rights by you and shall render you liable for civil, criminal or other legal proceedings.

4. Registration:

To register yourself with the Website, you shall be required to create an account by registering by filling in the details prescribed in the Website registration form. User must keep the account and registration details current and correct for communications related to your purchases from the Website.

The Website does not charge any registration/membership or browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time.

If You use the Website, You shall be responsible for maintaining the confidentiality of your User Name and Password and You shall be responsible for all activities that occur under your User Name and Password. Users of the Website may be required to provide certain personal information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy.

5. Payments:

The products or services can be purchased through the Website through various methods of payments offered. All prices are in Indian rupees.

You shall 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 VAT/CST, service tax, GST, duties and cesses etc.

The payments made by the User through valid debit/credit card/internet banking over a secure payment network shall be collected via Company’s appointed payment gateway.

The Company, undertakes utmost care to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.

Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.

The Company shall not be liable for any loss or damage occurred to User arising directly or indirectly due to the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities.

6. Communications:

We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication.

For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the Website. However, you may opt out of receiving any, or all, of these communications from Us by following the unsubscribe link or by emailing at shankar@macwala.com

7. Cancellation and Refunds:

Any order placed through the Website for purchasing any of the products or services offered by the Website can be cancelled either through the Website or through the App in accordance with the terms and conditions of the Cancellation Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. You confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

Products that have been placed by using loyalty points can not be cancelled.

8. Reviews, comments, communications and other content:

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a User uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. We reserve the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of the Company violates these Terms of Use and, or terminate Your permission to access or use this website. Any content You provide shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis.

You represent and warrant that you own or otherwise control all of the rights to the content that You post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to MacWala.com; (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable MacWala.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify the Company and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

9. Prohibited Uses:

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not MacWala.com, are responsible for all electronic communications and content sent from your computer to Us and You must use the Website for lawful purposes only. You must not use the website for any of the following: (i) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity; (ii) to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”; (iii) to cause annoyance, inconvenience or needless anxiety. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Website, whether in whole or in part, or create any derivative works from or of the Website.

10. Use of Third Party Services:

When you use the Website, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

MacWala.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

11. Representation and Warranty:

You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of manufacturers nor any breach of conditions, representations or warranties by the manufacturers of the products, and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with MacWala.com nor shall MacWala.com have any obligations or liabilities in respect of any transactions on the Website.

12. Indemnification:

You agree to indemnify and hold the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

13. Termination:

The Terms of Use are effective unless and until terminated by either You or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to the Company. The Company’s right to any content submitted by you and to be indemnified pursuant to the terms hereof, shall survive any termination of the Terms of Use. Any such termination of the Terms of Use shall not cancel your obligation to pay for service(s) already ordered from the Website or affect any liability that may have arisen under the Terms of Use prior to the date of termination.

14. Waiver:

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15. Force Majeure:

The Company shall not be considered in default of performance of its obligations, if such   performance is prevented or delayed for any causes beyond the reasonable control of the Party affected including war, hostilities, revolution, riots, civil commotion, strikes, lockouts, epidemic, fire, explosion, flood, earth-quake, act of God or any act of Government or any other cause beyond the control of the concerned Party which could not have been foreseen or avoided by the exercise of due diligence.

16. Law and Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of India. The competent Courts at Hyderabad, India shall have the sole and exclusive Jurisdiction to try and entertain all the disputes arising between the parties hereunder.

17. Notices:

Any Notice by the Company will be sent by email or by general notification on the Website.

Any Notice to the Company should be sent to the Support Team;

Email Id: shankar@macwala.com

Address: 10, B-Wing, Sarovar Darshan, Dr. Almeda Road, Near TMC, Thane West, Thane, Maharashtra – 400602.

18. Miscellaneous Provisions:

These Terms constitute the entire or sole legal agreement between you and the Company and shall supersede and prevail any prior agreements, whether oral or written, regarding subject matter hereof.

If any one or more of the provisions of this Terms is or becomes invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or impaired.

Updated by MacWala.com on [27 Sept 2023]