CellMoney Privacy Policy - Terms and Conditions - Cashback

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This Privacy Policy was last updated on 25th June 2018.

CELLMONEY is an E-commerce platform and is a Div of Mieux Infracon Limited. Mieux Infracon Ltd is a transparent and ethical company and expects that its ethics and values are intentionally upheld all across. CELLMONEY E-Commerce (CELLMONEY) is bound by the relevant law of the land

In our Privacy Policy :

"Customers" (hereinafter collectively referred to as "You", "Your", "User"), we mean our customers who use our Services, including visitors to our sites.

"Your Content", we mean any information provided by you as a result of usage of our services

Please read the following terms and conditions (“T&Cs”/”Agreement”) carefully before registering on, accessing, browsing, downloading or using the CELLMONEY E- commerce website located at CELLMONEYmall.com or the CELLMONEYmall / CELLMONEY mobile application, CELLMONEY WAP, CELLMONEY IVR or any similar platform (hereinafter collectively referred to as, the “CELLMONEY”) run by MIEUX Infracon Ltd , having its registered office at B 720 Gopal Palace, S M Road, Nehrunagar, Ahmedabad 380015 (hereinafter collectively called “CELLMONEY”), on any device and/or before availing any physical goods marketplace related services offered by CELLMONEY on the CELLMONEY Platform (hereinafter individually, “CELLMONEY Marketplace Service” and collectively, the “CELLMONEY Marketplace Services”).

The CELLMONEY Marketplace Services are not available to persons under the age of 18 (Eighteen) or to anyone previously suspended or removed by CELLMONEY from availing the CELLMONEY Marketplace Services or accessing the CELLMONEY Platform. By accepting the T&Cs or by otherwise using the CELLMONEY Marketplace Services on the CELLMONEY Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by CELLMONEY, or disqualified for any other reason, from availing the CELLMONEY Marketplace Services or using the CELLMONEY Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, CELLMONEY reserves the right to suspend or permanently prevent you from availing CELLMONEY Marketplace Services or using the CELLMONEY Platform.

The T&Cs in relation to the online marketplace service on the CELLMONEY Platform set out below are applicable to and binding on you in conjunction with the general T&Cs and the SSOID terms and conditions already accepted by you. Each T&C or the SSOID term or condition is applicable to and binding on you, or any of your activities on the CELLMONEY Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned here includes the terms and conditions in relation to the marketplace set out below, the SSOID terms and conditions, and other service-specific terms and conditions in relation to CELLMONEY Marketplace Services or CELLMONEY Platform. CELLMONEY is the provider of online marketplace service, where branded merchandises are displayed online by the various registered merchants (hereinafter “Merchant” or “Merchants”) for sale and you can purchase the same, subject to the Marketplace Terms as well as T&Cs in general. CELLMONEY offers the online marketplace service to you through various modes including issue of coupons & vouchers and through various websites accessible through the CELLMONEY Platform. The actual contract for sale is directly between the Merchant and you. CELLMONEY provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to you to follow it or not. CELLMONEY may help facilitate the resolution of disputes through various modes. CELLMONEY has no control over: (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Merchants; (c) the ability of Merchant’s or sellers to sell items; (d) the ability of buyers to pay for items. CELLMONEY does not, at any point of time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does CELLMONEY, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online market place service, you explicitly agree and acknowledge that:

1.CELLMONEY, through the CELLMONEY Platform also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. CELLMONEY E- commerce is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.

2.CELLMONEY may offer delivery services through its logistics/courier partners for some of the products on the CELLMONEY Platform as per CELLMONEY E- commerce’s T&Cs, which may be changed by CELLMONEY without any notice to you.

3.CELLMONEY is not a warrantor of the products/ services being offered on the CELLMONEY Platform by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that CELLMONEY gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.

4.The price of products offered on the CELLMONEY Platform is MRP, retail price, sale price, discounted price as offered by our Merchant partner. CELLMONEY Ecommerce does not either directly or indirectly influence the price of the products offered by the Merchant partner. CELLMONEY is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the CELLMONEY Platform. CELLMONEY is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. CELLMONEY will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.

5.The CELLMONEY Platform makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter “Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from CELLMONEY. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. CELLMONEY does not provide any guarantee with respect to any of the Third Party Content and CELLMONEY shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.

6. Cancellation

a.Cancellation by CELLMONEY: There may be certain orders that CELLMONEY’ Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, problems identified by CELLMONEY’s credit and fraud avoidance department or due to any major technical snag. CELLMONEY E- commerce may also require additional verifications or information before accepting any order. CELLMONEY will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used, shall not be refunded in case of cancellation of order either by you or CELLMONEY.
b. Cancellation by the customer: In case of requests for order cancellations, CELLMONEY reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if CELLMONEY receives a cancellation notice and the order has not been processed/ approved by CELLMONEY E- commerce, CELLMONEY shall cancel the order and refund the entire amount to you instantly. CELLMONEY will not be able to cancel orders that have already been partially or fully processed. CELLMONEY has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by CELLMONEY E- commerce and accept CELLMONEY’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, refund shall be made subject to the return process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.

7. CELLMONEY reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by CELLMONEY as per certain criteria. Any CELLMONEY promo code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with any of the below mentioned criteria, which includes but is not limited to: a. Products ordered are not for self-consumption but for commercial resale; b. Multiple orders placed for same product at the same address; c. Bulk quantity of the same product ordered; d. Invalid address given in order details; or e. Any malpractice used to place the order. Promo codes shall be subject to specific terms and conditions, from time to time, and CELLMONEY may disallow usage which breaches such terms and conditions.

8. Delivery of the Product: Your shipping address and pin code will be verified with the database of CELLMONEY for delivery serviceability before you proceed to pay for your purchase. In the event your order is not serviceable by our logistics partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by CELLMONEY, in such cases CELLMONEY will not be responsible for the non-delivery of the product. In case you book multiple orders for the products and services in one transaction, CELLMONEY would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistical issues. If you purchase multiple products in single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the delivery addresses. Products shall be delivered by the Courier Partner at the address given by the customer while making the purchase and CELLMONEY shall be not be held responsible in case the address shared was incorrect.

9. Return Policy a. In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team. b. Upon receiving your complaint, CELLMONEY shall verify the authenticity and the nature of the complaint. If CELLMONEY is convinced that the complaint is genuine, CELLMONEY will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, other than not requesting the Merchant for a replacement, CELLMONEY E- commerce reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by CELLMONEY E- commerce in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and CELLMONEY shall not in any manner be held liable for the same. c. Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, CELLMONEY requests you to refuse to accept delivery and inform CELLMONEY at the earliest. The return process of the product may be restricted by CELLMONEY depending on the nature and category of the product. d. In order to return any products sold through the CELLMONEY Platform, you are required to comply with the following conditions: i. For non-damaged/ non-defective product, you shall be allowed to return the product within the time frame displayed on website at the time of purchase; ii. Please notify CELLMONEY of receipt of damaged/ defective product within 48-hours of delivery to you. If you are unable to do so within 48-hours, CELLMONEY E- commerce/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order; iii. CELLMONEY will arrange pick-up of the damaged/defective product through its own logistics partner. In the event CELLMONEY is unable to do so, CELLMONEY E- commerce will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with CELLMONEY; iv. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices, etc.; v. CELLMONEY offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not properly described is the Merchant or seller’s responsibility. If applicable, you also authorize CELLMONEY E- commerce to place the return shipping costs on your invoice; vi. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit; vii. The returned products are subject to verification and checks by CELLMONEY in order to determine the legitimacy of the complaint/ return; viii. In the event the return of a product is duly accepted by CELLMONEY, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, as adjusted with any credits/discount/offers, will be refunded to you. Refund will be processed based on the mode of payment and CELLMONEY will credit your refunds directly into CELLMONEY Wallet account/source of payment. Refunds will be subject to the following: a. Orders paid online will be refunded instantly through the CELLMONEY Wallet/source of payment; b. For Cash on Delivery payments also the amount will be refunded into your CELLMONEY Wallet/source of payment; c. You can trigger a request in your CELLMONEY Wallet to transfer the money from your CELLMONEY Wallet to your bank account, subject to any applicable terms. It will take 3-21 working days for the money to show in your bank account depending on your bank’s policy. If for any reasons, amounts cannot be returned to your wallet, they will be returned through other modes, subject to you providing the necessary information and cooperation, to CELLMONEY. ix. A promo code, once used, shall not be refunded in case of cancellation of order either by you or CELLMONEY.

10.By accepting the Marketplace Terms here and the T&Cs in general, you accept that CELLMONEY may send the alerts to the mobile phone number/ email address provided by you at the time of registering for the CELLMONEY Marketplace Service/CELLMONEY Platform or to any such number/e-mail address replaced and informed by you subsequently.

i. This Agreement, including these T&Cs, the Marketplace Terms and any rights granted here, may not be transferred or assigned by you without CELLMONEY E- commerce’s prior written consent which may be withheld in CELLMONEY’s sole discretion, but this Agreement, including these T&Cs, the Marketplace Terms and any rights granted hereunder may be assigned by CELLMONEY freely (including to its Affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.

ii. By accepting this Agreement, including the T&Cs and the Marketplace Terms, you agree to be customer of CELLMONEY (including, each of CELLMONEY and its affiliates). In addition, by accepting this Agreement, including the T&Cs, the Privacy Policy, the Grievance Redressal Policy and the Marketplace Terms, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring CELLMONEY’s rights and obligations under this Agreement, including the T&Cs and the Marketplace Terms, in favour of any affiliate of CELLMONEY or any third party/partner; (b) for using the CELLMONEY Platform and availing the CELLMONEY Marketplace Services by you subject to any specific terms and conditions imposed by any affiliate of CELLMONEY; (c) for receiving communications, notices and information from any CELLMONEY or any affiliate/partner of CELLMONEY; (d) for sharing of business/order information (including data analytics and any information relating to you or the product/services being availed by you) between CELLMONEY and any affiliate/partner, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services/benefits to CELLMONEY’s customers (including you); (ii) provision of better services by CELLMONEY’s vendors; (iii) to prevent any breach of a binding agreement between CELLMONEY E- commerce and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by CELLMONEY E- commerce or by any affiliate of CELLMONEY; (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of CELLMONEY or any affiliate; or (vi) CELLMONEY E- commerce, its affiliates, partners retaining any and all information relating to you till such time as may be required under applicable laws or internal policies.

iii. At times CELLMONEY or its affiliates may make certain personal information available to affiliates and strategic partners that work with CELLMONEY E- commerce to provide products and services, or that help CELLMONEY market to customers. Personal information will only be shared by CELLMONEY E- commerce to provide or improve CELLMONEY’s products, services and advertising, in will be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes. You hereby provide your consent for the abovementioned activities.

iv. CELLMONEY, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in CELLMONEY’s products and services, offering any products or services from any CELLMONEY Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable laws.

v. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for CELLMONEY to disclose your personal information. CELLMONEY may also disclose information about you if CELLMONEY determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

vi. CELLMONEY may also disclose information about you if CELLMONEY E- commerce determines that disclosure is reasonably necessary to enforce the T&Cs or protect CELLMONEY’s operations or customers. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of CELLMONEY E- commerce’s business or products or services offered through any CELLMONEY Platform to any persons (including any affiliates), CELLMONEY may transfer any and all personal information that CELLMONEY collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees.

vii. For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013) or associate company (as defined in the Companies Act, 2013) of Mieux Infracon Ltd; (b) a person under the control of or under common control with CELLMONEY; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of CELLMONEY (calculated on a fully diluted basis).

viii. For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including CELLMONEY E- commerce), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever.

ix. CELLMONEY’s privacy policy applies to use of the CELLMONEY Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the CELLMONEY Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the CELLMONEY Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Any Cashback (subject to terms and conditions therein) for sale of physical goods on CELLMONEY Platform is being extended by Mieux Infracon Ltd for using “CELLMONEY Payments” on marketplace run and operated by CELLMONEY. Cashback can be used to pay for anything on Merchants accepting “CELLMONEY payments” platform. Disclaimer: CELLMONEY cash used in CELLMONEY Wallet is a semi closed payment instrument and may be used for the purchase of third party products or may be transferred to the person’s bank account.

1. Order processing mechanism:

i. Customer physically visiting the Store will choose the product and scan the QR code through ‘CELLMONEY Mall’ mobile application to initiate the sale transaction.
ii. Customer shall apply the promo code as displayed to the Customer on CELLMONEY mobile application upon his/her choice of this payment method, on the Platform and on successful application of the same, the Customer will get a pick up code.
iii. Merchant shall confirm the pick up code with the Customer.
iv. Merchant shall physically deliver the product to the Customer by hand together with invoice. There will be no role of CELLMONEY or any courier partner.

2. Customer shall have the option of making the payments for such products through wallet/Payment Gateway/Cash.

3. Merchant shall complete the sale transaction upto full satisfaction of the customer and CELLMONEY Ecommerce shall not be liable or responsible at all.

4. In cases of sales through QR code, products will be non-returnable, non- cancelable through CELLMONEY Platform and all Customer’s concerns/queries/disputes like non- delivery/return/refund/replacement/repair/exchange/warranty/guarantee/us age etc. shall be resolved by the Merchant directly with the Customer. CELLMONEY Ecommerce shall not be held liable in any case.

5. It shall be the responsibility of the Merchant to make the Customer aware of its various applicable policies like return/refund/replacement/repair/exchange/warranty/guarantee/usage etc. and also to make the same as part of the invoice.

NOTE: CELLMONEY Ecommerce reserves the right to modify these T&Cs from time to time, with or without notice of the same. Hence, you are requested to keep yourself updated for any change in T&Cs.