contact@mtommart.com +91 789 32 74747

Mart Terms and Conditions of Use

LAST REVISION: __01-06-2022__


Terms of Use

INTRODUCTION

M To M Mart (“We”, “Us”, “Our”) owns and operates the online application namely __MtoM__ (“Application”), a real-estate community management Application that is designed to automate numerous operations within residential and commercial colonies and to improve convenience, safety, and security of its users. These Terms of Use (the “Terms”) govern your (“You”, “Your”, or the “User”) access to and use of this Application. 

As stated in these Terms, You will not use the Application for any illegal or prohibited purpose. By using the Application, You understand and agree to be legally bound by all of the Terms, restrictions, and disclaimers. You must immediately cease using the Application if You do not agree to these Terms.

These Terms are governed by the Consumer Protection (E-Commerce) Rules, 2000 and other applicable laws of India (“Applicable Law”). 

  1. OUR SERVICES

This Application aims to automate various operations inside colonies and to improve the convenience, safety, and security of its Users. As may be required, the Application also allows a colony’s Resident Welfare Association (“RWA”) to quickly and easily convey notices to residents, maintains a list of local services accessible in the colony, provides emergency numbers, booking of a certain activity within the colony premises and booking of a payment related service. Our Application also provides services for visitor management (collectively the “Service(s)”). 

Proprietary Rights: You understand and agree that the Service(s) contains sensitive and confidential information that is protected by intellectual property and other laws. You undertake not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in whole or in part, unless expressly allowed by Us. You also promise not to reverse-engineer or extract the code in any way. Any attempt at hacking or unauthorised use of the Application will be prosecuted to the full extent of the Applicable Law.

  1. SUBSCRIPTION PLAN 

We also provide a variety of Services to which the User can subscribe according to their needs and pay applicable fees ("Subscription Fees”). If You do not subscribe, You may have limited access to the Services. Please note that the payment of the Subscription Fees by the User is non-refundable.

We hereby reserve the right to amend the Subscription Fees of any subscription plan at any time prior to, during, or after the User's subscription. We will notify the User of the amended fees, and the User agrees to pay the difference in the amount following such revision. 

  3.   REGISTRATION AND ELIGIBILITY 

You need to create an account on Our Application to avail of the Services, and You accordingly represent that You will provide Us with correct, genuine and complete registration information including, but not limited to, Your username, e-mail address, and a password. We will be required to use this information to provide Our Service(s) to You. You agree that You will keep Your registration information accurate and up-to-date. Failure to do so will be considered a breach of these Terms, and Your account on Our Application will be terminated immediately or once We receive knowledge of the same.

Regardless of anything else in these Terms, You assume responsibility for all activities that occur on Your account, and You shall keep Your Application’s password secure. You may not use another User's account without the express authorization of that other User and the obligation of proving such authorization lies with You. If you become aware of any unauthorised use of Your account or any other account-related security breach, You must immediately notify our Grievance Officer at __mtommart2345@gmail.com__. 

4.   VISITORS

In furtherance, the entry and exit of third-party vendors, guests or other persons are subject to the approval of the residents or personnel of the appointed security agency or any other agency/individual as appointed by the RWA. We hereby assume no liability arising out of the entry or exit of persons into/from the society premises. You thereby have complete control over the process of entering and exiting.

5.   ABUSE OF SERVICE 

Content; Intellectual Property You acknowledge that the contents of this Application include but are not limited to the Application’s trademarks including logos and brand names and all information such as files, written texts, material interfaces, computer codes, tools, photographs, audio and video relating to information or other media (“Content(s)”) are Our sole property and are protected under Indian laws including trademark, patent, copyright, and other intellectual property rights.

We assume no responsibility for abusive Content posted by other users/service providers and any violations of laws or infringements of intellectual property rights, privacy rights or performance rights. We hereby disclaim all liability for any data generated, published or distributed by the User outside of the Application. Users that engage in service abuse will have their accounts suspended. 

You undertake not to alter, duplicate, publish, copy, transmit, or participate in the transfer or sale of any portion of the Contents or Services for any commercial purposes. Any such misconduct by the User grants Us the right to pursue legal action. 

6.   YOUR OBLIGATIONS AND RESPONSIBILITIES 

You agree and understand that in Your usage of the Application, (1) You must follow the Applicable Law, including but not limited to all local, state, national and international laws, codes, ordinances and regulations, (2) not tamper with or interrupt other users' usage and enjoyment of the Application, (3) not send spam, junk mail, or any other type of unsolicited communication, either directly or indirectly and (4) not slander, harass, abuse, or otherwise disturb other Application Users. We explicitly declare that We will not be responsible for any losses or damages resulting from the usage of Our Application. 

The User acknowledges that he/she will not in any manner compromise the Application's integrity or functionality. Without limiting the scope of any other term of these Terms, if You breach any of these Terms carelessly or willfully, You will be liable to Us for all losses and damages that may result from such conduct. 

7.  USER REPRESENTATIONS

The User hereby must not:

  1. be a person of less than 18 (eighteen) years of age;

  2. provide any incorrect personal information to Us or create an account for someone else without their written consent;

  3. use another person's name as a username to impersonate that person; or

  4. provide Us with a username that is either abusive, vulgar, obscene, or illegal or inappropriate. 

We maintain the right to refuse registration or cancel a username at Our sole discretion.

 8.   REQUISITES  

The Service(s) shall be delivered using reasonable efforts. We acknowledge that We will use reasonable measures to ensure that You are able to avail of the Services without excessive interruption, delay, or disturbance.

Upon Your usage of Our Application, You acknowledge and agree that You are transmitting personal and sensitive personal information, including but not limited to Your registration information and mobile number, which is governed by the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“SPDI Rules”). In accordance with the SPDI Rules, We would take all necessary steps to secure and maintain the confidentiality of the information that You have transmitted.

We will make every effort to keep the Application free of bugs, spyware, and other technical issues in accordance with best industry practices.

9.   THIRD-PARTY LINKS 

Third-party links which are controlled and maintained by others that may appear on Our Application are provided purely for Your convenience. Any connection to other third-party links does not imply that We support them. We are not responsible for the content of these third-party applications or any damage that may arise from Your access to or reliance on them. 

10.  SUSPENSION OR TERMINATION 

Subject to relevant Applicable Law, the User is responsible for immediately notifying Us on the above-mentioned email address of any unauthorised access to or misuse of the account that results in a security breach. Upon receipt of such unauthorized access, We will provide aid by ensuring that the account is immediately terminated or suspended, as well as taking any other required safety actions that We deem important or as required by Applicable Law.

We hereby maintain the right to reject, terminate or suspend any account at any time for any reason related to the safe and secure operation of the Application, including but not limited to the User's violation of any relevant legislation or anything done by the User in violation of these Terms. As a result of such termination or suspension, all information associated with Your registration may be forfeited and destroyed. All provisions of these Terms by their nature, shall survive termination, such as ownership-related clauses, warranty disclaimers, indemnification, and liability limits. 

11.   WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

Subject to the Applicable Law, We declare that We have no particular relationship with or fiduciary duty towards You. We hereby waive any express and implied warranties in connection with the usage of Our Application, and We make no warranties or claims regarding the authenticity or reliability of the Application's Content or the contents connected to it. We will not be responsible for any unauthorised access to or misuse of the account or information related to it including password(s).

Our Services and Content provided herein are presented in an “As is” format. Except to the extent required by Applicable Law, We make no representations and warranties of any kind. In connection with Our Application, including but not limited to warranties of title, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. 

The User hereby agrees that We will not be held liable for any loss or damages including but not limited to any direct or indirect loss of goodwill arising out of the acts committed by You or anyone else on Your behalf or any third party including the service providers. Without limiting anything else herein, Our maximum liability under these Terms under any circumstances shall not exceed INR 5000/- (rupees five thousand) or the amount paid by the User, whichever is less.

12.  INDEMNIFICATION 

You undertake to defend, indemnify, and keep Us harmless from any loss or damages, indirect, remote or consequential, or loss of goodwill or revenue including advocate and legal consultant' fees (as determined by actuals), resulting from any third-party claim, action, or demand arising from Your use of Our Services or Our Application. You agree to help and cooperate with Us in asserting any applicable defenses if We assume the exclusive defense and control of any matter otherwise subject to indemnification by You.

13.   FORCE MAJEURE  

We will not be held liable if the delay or inability to comply with Our responsibilities under these Terms or in performing the Services is caused by an event or circumstance beyond Our reasonable control. 

14.   SEVERABILITY 

If any of these Terms is found to be unlawful, illegal, or unenforceable for any reason by a court of competent jurisdiction, the remaining Terms will survive and continue to be binding and enforceable.

15.   GOVERNING LAW 

These Terms shall be construed and governed by the laws of India and You hereby agree to submit to the exclusive jurisdiction of the courts at Vijayawada, Andhra Pradesh in the event of any dispute arising out or in connection with these Terms. 

16.   MODIFICATIONS 

We reserve the right, in Our sole discretion, to make changes or modifications to these Terms at any time. We will alert You that changes or revisions have been made by indicating on the top of these Terms the date it was last revised. The changed or revised Terms will be effective immediately after it is posted on this Application. 

17.   CONTACT  

It is hereby requested to send all Your support questions to Kindly provide the email address which can be contacted in case of a security breach or any other account-related grievance to our Grievance Officer at __mtommart2345@gmail.com__. 

YOU HAVE READ AND CONSENTED TO ALL OF THE PROVISIONS IN THESE TERMS OF USE. 

Changes

We may update this terms of service from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. CONTACT US For more information about our terms of service, if you have questions, or if you would like to make a complaint, please contact us by e-mail at contact@mtommart.com or by mail using the details provided below: #68-5-6, Opp. Koneruvari Ramalayam, Patamata, Vijayawada, AP, 520010, India