1. Introduction

Welcome to MokkoMotto.com (the “Site”). MokkoMotto Electronics Pvt Ltd (“us”, “we”, or “our”) operates https://www.mokkomotto.com (the “Site”). These Terms of Use constitute a legal agreement (the “Agreement” or “Terms of Use”) between MokkoMotto Electronics Pvt Ltd and/or its affiliates (“we” or “us”) and you that governs your use of the Service and purchase and use of any MokkoMotto products (“Products”) through the Service. By using the Service, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use the Service.

2. Privacy Policy & Cookies

By using the Service, you represent and warrant that you have read and understood and agree to be bound by our Privacy Policy (the “Privacy Policy”), which is incorporated into this Agreement by reference. The Privacy Policy is available at https://mokkkomotto.com/privacy-policy

As explained more fully in the Privacy Policy, the Service uses Cookies to collect certain information from you. By using the Service and agreeing to these Terms of Use, you consent to our use of Cookies in accordance with the terms of our Privacy Policy.

3. Eligibility

You must be at least 18 (eighteen) years of age to use this Website or any services contained herein. The Company assumes no responsibility or liability for any misrepresentation of your age. All users who are minors must have the permission of, and be directly supervised by, their parent or guardian to use the Site and have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site. If you are using the Service on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.

4. Purchases & Payments

If you purchase a Product through the Service, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through the Service, and acknowledge and agree that we have the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.

5. License to Use Website

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Service for your personal use.

This license does not include, and you must not:

Republish material from the Service (including republication on another service), sell, rent or sub-license material from the Service
Show any material from the Service in public
Reproduce, duplicate, copy or otherwise exploit material on the Service for a commercial purpose
Edit or otherwise modify any material on the Service
Redistribute material from the Service except for content specifically and expressly made available for redistribution
Unless otherwise stated, we and/or our licensors own the intellectual property rights in the Service and material on the Service, and all rights not expressly granted in this Agreement are reserved by us.

6. Your Account

You agree that any use on the site is at your own risk and that We are not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

7. Intellectual Property

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 and unfair competition laws, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site for your information and personal use only. Except as expressly provided in these Terms and Conditions, 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.

8. Prohibited Conduct

We impose certain restrictions on your use of the Service. Any violation may subject you to civil and/or criminal liability.

You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express written consent.

You must not engage in any of the following conduct on the Service, which is expressly prohibited:
(a) providing false, misleading, or inaccurate information to us or any other person in connection with the Service;
(b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
(c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
(d) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization;
(e) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities;
(f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
(g) creating additional Accounts to promote your (or another’s) business, or causing others to do so; or
(h) paying anyone for interactions on the Service.

You must not use the Service to transmit or send unsolicited commercial communications.

You must not use the Service for any purposes related to marketing without our express written consent.

9. 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 and Conditions 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 in relation to 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.

10. 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.

11. Site Management

We reserve the right to:

monitor the Site for violations of these Terms and Conditions;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, 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.

10. No Warranties; Limitation of Liability

No Warranties

We, on behalf of ourselves and our licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither we nor our licensors or suppliers warrant that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. We disclaim all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of us, Company Parties, or our users, or their agents or representatives.

Your Responsibility for Loss or Damage; Backup of Data.

You agree that your use of the Service is at your sole risk. You will not hold user our licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.

Limitation of Liability

In no event shall we or our licensors or suppliers be liable to you for any claims arising from your use with the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or Services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to us or our licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and us. The Service would not be provided without such limitations.

Application of Disclaimers

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and us or between you and any of our licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Our licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

11. Consent to Receive Electronic Communications from MokkoMotto

By creating an Account and providing your email address to us, you expressly consent to receive electronic and other communications from us, over the short term and periodically, including email communications. These communications will be about your purchases, your customer service inquiries, new product offers, promotions and other matters. You may opt out of receiving promotional electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting us at one of our customer service numbers as listed here: https://mokkomotto.com/contact-us. Your unsubscribe request will apply to promotional communications only and will not limit our ability to contact you regarding your purchases, Account, or to provide you with updates to this Agreement or the Privacy Policy. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.

12. Dispute Resolution

Dispute

Any dispute or claim relating in any way to your use of any Service will be adjudicated in Indian court, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

Applicable Law

By using any Service, you agree that applicable law, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

13. Notices

All notices required or permitted to be given under this Agreement must be in writing. We shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to us . You agree that any notice received from us electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with us is accurate and current, and notice to you shall be deemed effective upon the sending by us of an email to that address. You shall give any notice to us by submitting said notice to us at info@mokkomotto.com.

14. Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Service, and supersede all previous agreements in respect of your use of the Service.

15. Changes to Our Terms of Use

If we decide to change our Terms of Use, we will update the Terms of Use modification date below.

Last Modified: 14/01/22

16. Contact Us

If you have any questions about our Terms of Use, please contact us.