Terms of Use

(Last Updated on 28-Dec-2023)

This “Terms of Use” document is an electronic record in terms of the Information Technology Act, 2000, and rules there under as applicable and the amended provisions on electronic documents or records in various statutes as amended by the Information Technology Act, 2000. This electronic record is computer-generated and does not require any physical, electronic, or digital signature.

Agreement to Terms

These “Terms of Use” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and VeganMall (“we,” “us” or “our”), concerning your access to and use of the VeganMall.in website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

This Site is owned by VeganMall, a Sole Proprietorship Firm owned and operated by Muralidharan Kuppuswamy with its registered address at #011, ATZ Splendor, Rachenahalli Road, Thanisandra, Bangalore – 560077, Karnataka, India (hereinafter referred to as “VeganMall”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with these Terms of Use, you are expressly prohibited from using the Site and must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. In our sole discretion, we reserve the right to make changes or modifications to these Terms of Use at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

User Representations

By using the Site , you represent and warrant that:

  • all registration information you submit will be true, accurate, current, and complete;
  • you will maintain the accuracy of such information and promptly update such registration information as necessary;
  • you have the legal capacity and you agree to comply with these Terms of Use;
  • you are not under the age of 18;
  • you are not a minor in the jurisdiction in which you reside;
  • you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  • you will not use the Site for any illegal or unauthorized purpose;
  • your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion thereof).

User Registration

You may be required to register with the Site as a “BUYER” or “SELLER”. You agree to keep your password confidential and will be responsible for all use of your account and password. 

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Charges

There are no charges for browsing the Site for buying a product. There is no charge for listing the products on the Site for sale. A Commission Fee is charged to the sellers only for successful orders.

VeganMall will ensure that you are made aware of the applicability of any fees for a particular use of the features/services by you, as well as the amount of fees payable by you.

You agree that VeganMall may, at any time, charge, modify, or waive the fees required to use the feature/service. Your continued use of the features/services after such change in the fees will be considered to be your acceptance of such changes, and the applicability of these Terms of Use to such changes.

Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, it could be possible that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. In case of any issues with the product kindly get in touch with us and we will provide a resolution.

All products are subject to availability. We reserve the right to discontinue any products at any time. Prices for all products are subject to change.

Billing Terms and Conditions

Customer invoices are generated on behalf of the seller for every successful order with all the details related to the order. The payments for the orders can be made using any of the payment methods available through our Payment Gateway partner integrated with our Site or through Cash of Delivery services if enabled for your order. The Payments made through our Payment Gateway partner are safe and secure and are completed on the Payment Gateway Site which is external to our Site and the confirmation of the status of the payment is sent back to our Site for processing. You agree to provide current, complete, and accurate purchase and account information for all purchases made using the Site. You shall not use the credit/debit card or pre-paid payment instrument, which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card or pre-paid instrument account. The information provided by you will not be utilized or shared with any third party unless required about fraud verification or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account. VeganMall expressly disclaims all liabilities that may arise because of any unauthorized use of your credit/ debit card or pre-paid instrument account.

All product prices displayed on the Site are inclusive of all applicable taxes.

All payments shall be in Indian Rupees acceptable in the Republic of India.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

If your order is subject to recurring charges, then you consent to our charging your payment method regularly without requiring your prior approval for each recurring charge, until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

VeganMall may have existing arrangements with its payment gateway regarding limits on the amounts you can pay (if you are a buyer) or receive (if you are a seller) during a single transaction. VeganMall will work towards ensuring that you are made aware of such limits if they may apply to you. However, VeganMall shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by VeganMall with its payment gateway from time to time.

In addition to the Agreement(s), the terms and conditions of your bank, applicable financial institution, and/or card issuing association may also apply to you for making payments for buying the products listed on the Site. Your bank, financial institution, or card issuing association may decline or prevent you from making electronic payments for buying the products listed on the Site and VeganMall does not control the same and shall not be liable for the same.

Payment Facility

The payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render VeganMall liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services, or fraud as regards the products and/or services listed on the Site. VeganMall may from time to time contract with third-party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between Buyers and Sellers and for collection of VeganMall’s fees and other charges. These third-party payment service providers may include third-party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers, or through any facility as may be authorized by the Reserve Bank of India for collection, refund, and remittance, as the case may be of payment or supporting the same in any manner.

You have specifically authorized VeganMall and its service providers to collect, process, facilitate, and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other users in respect of transactions through the Payment Facility. Your relationship with VeganMall is on a principal-to-principal basis and by accepting these Terms of Use you agree that VeganMall is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Site that are paid for by using the Payment Facility. VeganMall does not guarantee the identity of any user nor does it ensure that a Buyer or a Seller will complete a transaction.

Selling

As a registered Seller, you are allowed to list ONLY 100% VEGAN products on the site following the policies which are incorporated by way of reference in this Terms of Use.

As a registered Seller, you agree to these Terms of Use and the Fee Structure mentioned in the Seller Information Page. In case you are not in agreement, you are kindly requested not to register or list your products for sale on our website.

You must have the required licenses and be legally able to sell the products you list on the Site.

You agree to refund any amount paid for an order received from a Buyer and VeganMall reserves the right to delete a product listing in case of deviation from the following terms for listing the products in the Site.

  • All products listed should be 100% Vegan (The product should not contain any Animal ingredient in any form and No Animal should have been harmed in any way or exploited in any way in the making of the product). Any non-compliance here is taken very seriously and could lead to the entire store getting disabled and banned from listing in the future.
  • Starting 1-Jan-2024 all Products listed on VeganMall are required to have a clear ‘Vegan’ logo/label in the product packaging (Ref: FSSAI standards for Vegan Foods). An image of the product showing the ‘Vegan‘ logo/label needs to be uploaded to the product image gallery. Any product not having this image will not be approved. Products that are already listed without this image will be removed starting 20-Dec-2023. We have consciously taken this decision to align with our values, to keep up with the commitments that we give to our customers, to gain our customer’s confidence and trust, and to increase our credibility. Note: Products that are vegan by default as mentioned in the FAQ section of FSSAI standards for Vegan Foods are exempted from this requirement. In case of any conflict in classification or disagreement, the final discretion remains with VeganMall.
  • All products should have a feature image and accompanying gallery images to showcase the product. The images should meet the following  guidelines
    • Images with white backgrounds are recommended.
    • Product should cover up to 85% of the image.
    • An aspect ratio of 1:1 with a maximum of 1000 pixels on each side is recommended.
    • Maximum image size can be 500 kb.
    • Make sure that the images are clear, up-to-date, and represent the product accurately.
    • Use images with high resolution without any pixelation or jagged edges.
    • Images with nudity, racist content, obscene content, seductive content, blatantly sexual content, or any other offensive content are not allowed.
  • Listed products must be kept in stock for timely fulfillment of sales. If there are two continuous order cancellations due to the product being Out of Stock, the seller store will be disabled.
  • Products must be listed only in the appropriate category and not in any other category.
  • All the details provided in the product’s listing including but not limited to PRICING INFORMATION, DESCRIPTION, QUALITY, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, PERFORMANCE, FITNESS FOR PARTICULAR USE, LEGALITY, SAFETY, MERCHANTABILITY, AVAILABILITY, WARRANTY, SERVICES RELATED TO THE PRODUCT should exactly match the actual product delivered.
  • Proper weight and dimensions of the product should be updated accurately for calculating proper shipping charges.
  • In cases where returns are handled by VeganMall for any reason, the Return shipping charges will be charged to the Seller of the product.

Shipping:

All Shipping (Forward, Return, RTO) related to an order are to be handled by the Seller themselves.

Commission rate:

The commission rate for VeganMall services is flat at 9% across all categories and is charged on the total Order Value. Note: Starting 1-Jan-2024 the commission rate will be flat 12% across all categories. Considering the market dynamics and various costs involved we are required to make this change to do better promotions, to provide better offers and to provide better service to our customers.

Note: Shipping cost for an order is calculated based on charges decided by the seller in their store shipping settings and the shipping weight of their products in the product settings. Both these settings are decided, set, and are in control of the seller all the time and can be updated anytime by the seller.

Cash on Delivery option:

The Sellers are enabled to accept Cash on Delivery for their orders. Since payments made by customers for Cash on Delivery orders go to Sellers, the Sellers are expected to pay the commission fee to us for all the cash-on-delivery orders of the current month by the 5th of next month. If payment is not received by the 5th of next month, the seller’s store will be temporarily disabled until payment is received and any pending orders will be canceled and refunded to customers. Cash on Delivery can be enabled for each product individually in the “Shipping” section of the Product settings page. By default, this setting will be disabled (i.e., All orders will be prepaid by customer). To enable COD, the seller can update their product “shipping” settings for their products that they accept Cash on Delivery. Kindly note that COD is currently not enabled for customers yet.

3 days timeline to ship the order:

Once the seller receives the order, the seller is expected to ship the order and update the tracking details for the order on the order page within 72 hours of receiving the order. If the tracking details for the order are not updated within 3 days (72 hours) of receiving the order, the order will be canceled and refunded to the customer anytime. This is very important for customer satisfaction and to ensure the seller is maintaining proper inventory and handling order fulfilment on time. If there are 3 continuous order cancellations due to a delay in shipment from the seller, then the seller’s store will be temporarily disabled until the seller addresses the issue and intimates us.

14 days’ timeline to deliver the order:

If any order is not delivered within 14 days of the order creation date, then the order will be canceled and refunded to the Customer if the Customer requests for refund. If the Customer is ready to wait, then the order will not be canceled.

Settlement for Orders:

The Settlement for an order is initiated immediately upon delivery based on the Shipment Tracking details entered by the Seller for their Orders. If the Shipment Tracking details are not entered or incorrectly entered the Delivery Tracking will not happen and hence the automated settlement will not happen. For Orders where the Settlement did not happen even after delivery, the sellers are requested to get in touch with us.

Shipping & Delivery

The Products are delivered to the Buyers directly by the Seller. Seller shall bear the risk of any damage or loss during the transit or delivery. Seller represents and warrants that the products being delivered are not faulty and are exactly those products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.

The buyer’s delivery address will be verified with the database of the Site before the Buyer proceeds to pay for the purchase. If the delivery address is not serviceable by the Seller or the Delivery partners, the Buyer shall provide an alternate delivery address to which the product can be delivered. 

The delivery timelines mentioned are only estimates and not guaranteed timelines. 

The products shall be delivered to the Buyer only after full payment is made by the Buyer for the purchase of the product.

Buyer shall be bound to take delivery of the products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to VeganMall for any loss of any fee or charges that VeganMall and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to VeganMall and its third parties are not indirect or consequential.

Upon full payment of the price of the product and delivery of such product, the title of the product and other rights and interest in the product shall directly passed on to the Buyer from the Seller. The risk of loss shall pass on to the Buyer upon delivery of the product.

Returns & Refunds

Please review and get yourself familiar with our Return & Refunds Policy before making any purchases.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited emails, or create user accounts by automated means or under false pretenses.
  • use a buying agent or purchasing agent to make purchases on the Site.
  • use the Site to advertise or offer to sell goods and services.
  • circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • engage in unauthorized framing of or linking to the Site.
  • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • make improper use of our support services or submit false reports of abuse or misconduct.
  • engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • attempt to impersonate another user or person or use the username of another user.
  • sell or otherwise transfer your profile.
  • use any information obtained from the Site to harass, abuse, or harm another person.
  • use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • delete the copyright or other proprietary rights notice from any Content.
  • copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCM”).
  • except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • use the Site in a manner inconsistent with any applicable laws or regulations.

User-generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • you have the written consent, release, and/or permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your contributions are not false, inaccurate, or misleading.
  • Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • your Contributions do not violate any applicable law, regulation, or rule.
  • Your contributions do not violate the privacy or publicity rights of any third party.
  • Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 sexually or violently.
  • Your contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  • Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your contributions do not otherwise violate, or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

Contribution License

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Guidelines for Reviews

We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  • you should have firsthand experience with the person/entity being reviewed;
  • your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  • your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  • your reviews should not contain references to illegal activity;
  • you should not be affiliated with competitors if posting negative reviews;
  • you should not make any conclusions as to the legality of conduct;
  • you may not post any false or misleading statements;
  • you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub-licensee right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Mobile Application License

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly following the terms and conditions of this mobile application license contained in these Terms of Use.

You shall not:

  • decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
  • make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
  • violate any applicable laws, rules, or regulations in connection with your access or use of the application;
  • remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
  • use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
  • make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
  • use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
  • use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
  • use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

  • the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and following the usage rules outlined in the applicable App Distributor’s terms of service;
  • we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services concerning the mobile application;
  • in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, following its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever concerning the mobile application;
  • you represent and warrant that (i) you are not located in a country that is subject to an Indian government embargo, or that has been designated by the Indian government as a “terrorist supporting” country and (ii) you are not listed on any Indian government list of prohibited or restricted parties;
  • you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not violate their wireless data service agreement when using the mobile application;
  • you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Social Media

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: 

  • providing your Third-Party Account login information through the Site; or 
  • allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that: 

  • we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and 
  • we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and profile picture that become associated with your account.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third-Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever with such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Advertisers

We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

Site Management

We reserve the right, but not the obligation, to:

  • monitor the Site for violations of these Terms of Use;
  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  • otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in hostinger.in.

If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that according to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms of Use and your use of the Site are governed by and construed following the laws of India applicable to agreements made and to be entirely performed within the Republic of India, without regard to its conflict of law principles. The place of jurisdiction shall be exclusively in Bangalore.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 14 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration proceedings shall be carried out following the provisions of the Indian Arbitration Act, 1996 and the language of the arbitration shall be English.
The arbitration proceedings shall be undertaken by a sole arbitrator appointed by VeganMall, and you agree to submit absolutely to the jurisdiction of such arbitrator.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

The arbitration proceedings shall be held at Bangalore and the cost of arbitration shall be borne equally by both parties.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in Bangalore, Karnataka, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non-convenience concerning venue and jurisdiction in such state and courts.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than ONE year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, 

  • no arbitration shall be joined with any other proceeding;
  • there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and 
  • there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: 

  • any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; 
  • any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and 
  • any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

VEGANMALL.IN IS AN ONLINE E-COMMERCE MULTI-VENDOR MARKETPLACE WEBSITE WHERE USERS REGISTER AS ‘BUYERS’/‘CUSTOMERS’ TO PURCHASE THE PRODUCTS LISTED, EXHIBITED, ADVERTISED, DISPLAYED, AND MADE AVAILABLE ON THE SITE BY USERS REGISTERED AS ‘SELLERS’/’VENDORS’.

VEGANMALL’s ROLE AS THE OWNER OF VEGANMALL.IN IS JUST THAT OF AN ONLINE MARKETPLACE OPERATOR AND IS LIMITED TO MANAGING THE SITE AND RELATED SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN THE BUYERS AND SELLERS. THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS MADE AVAILABLE ON THE SITE SHALL ONLY BE A BIPARTITE CONTRACT BETWEEN THE SELLER AND THE BUYER. VEGANMALL AT NO TIME SHALL HAVE ANY OBLIGATIONS OR LIABILITIES CONCERNING SUCH CONTRACT. All CONTRACTUAL TERMS INCLUDING BUT NOT LIMITED TO PRICING INFORMATION, DESCRIPTION, QUALITY, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, PERFORMANCE, FITNESS FOR PARTICULAR USE, LEGALITY, SAFETY, MERCHANTABILITY, AVAILABILITY, WARRANTY, SERVICES RELATED TO THE PRODUCT ARE OFFERED BY AND AGREED TO BETWEEN BUYERS AND SELLERS ALONE. VEGANMALL DOES NOT IMPLICITY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY PRODUCTS OR SERVICES ON THE SITE AND AT NO TIME SHALL HOLD ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS OR SERVICES.

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,

(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,

(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR

(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: 

  • your Contributions; 
  • use of the Site; 
  • breach of these Terms of Use; 
  • any breach of your representations and warranties outlined in these Terms of Use;
  • your violation of the rights of a third party, including but not limited to intellectual property rights; or 
  • any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site to manage the performance of the Site, as well as data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or concerning the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

You agree that these Terms of Use will not be construed against us by having drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us

To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

VeganMall
#011, ATZ Splendor,
Rachenahalli Road, Thanisandra,
Bangalore – 560077,
Karnataka, India.
+91-6360888276
support@veganmall.in