Terms of Use

Terms of Use

Date of Latest Version: 31-Jan-2022

 

Please read the terms below carefully before using our website located at https://www.mojro.com/ (“Website”) and the users of any version of the mobile and web applications (“App”). Our Website and App are operated by Mojro Technologies Private Limited, a company registered under the Companies Act, 2013, having its registered office at #259, 2nd Floor, 3rd Main Road, 2nd Stage, ISRO Layout, Bengaluru – 560078 (“we”/“us”/“Mojro”). By using our Website or App you confirm that you accept these terms of use along with the documents referred to in it (“Terms”) and that you agree to comply with them. Your continued use of the Website and App will constitute acceptance of the Terms, as revised from time to time. If you do not agree to these Terms you must not access the Website or App, or avail any services from us.

  1. Definitions
  • Device” means any computer, mobile phone, tablet, console or other device.
  • Users” means anyone who uses or accesses the Website or App on a Device.
  • You” means a User who meets the eligibility criteria set out below.

 

  1. Terms are Subject to Change

We reserve the right to update or modify these Terms at any time without prior notice. Your access to and use of the Website or App following any such change constitutes your agreement to follow and be bound by these Terms as updated or modified. For this reason, we encourage you to review these Terms each time you access or use the Website or App.

  1. Competency to Contract
  • You represent and warrant that you are competent and eligible to enter into a legally binding agreement and to be bound by these Terms. You will not access and use the Website or App if you are not competent to contract under the laws of India.
  • If you represent a company, partnership firm or sole proprietorship, you will be eligible to access the Website, App or services we provide and their features and facilities on its behalf only if you have been duly authorised by way of necessary corporate action as may be statutorily prescribed and as required under the charter documents of such entity.

 

  1. Intellectual Property
  • All the content on the Website and in the App, including, amongst other things, the page headers, images, illustrations, graphics, audio clips, video clips, text, trademarks and trade names (“Service Content”) constitute our and our licensors’ intellectual property. Intellectual property right laws including copyright laws in all applicable jurisdictions protect the Website, App and Service Content.
  • You may access the Website or App, avail their features and facilities and utilise the Service Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display or commercially exploit the Service Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any Service Content you must contact us in the manner prescribed in these Terms.
  • We are the sole owners of the underlying software and source code associated with the Website and the App and all trademarks, copyright and any other intellectual property rights of any nature in the Website and App.

 

  1. User Account, Password and Security
  • You have the option to set a security password on the App when registering yourself. You are responsible for maintain the confidentiality of the password and the account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security and you will ensure that you log out of your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this clause.
  • You acknowledge that the deletion of the App from your Device does not constitute termination of your account and you have to undertake the process of de-registration. You will have to provide Mojro a written request to have your name and other details removed from our records.

 

  1. Customer Communications
  • By accepting these Terms, you consent to be contacted by us, our agents, representatives, affiliates or anyone contacting you on our behalf at any contact number or address provided by you while registering with us. You agree to us contacting you in any manner including SMS, calls, emails, automatic texting and notifications via the Website or App.
  • You certify, warrant and represent that the contact details and any other information you have provided to us are your own and not someone else’s and that they are true, accurate, current and complete. You agree to notify us when you stop using a particular contact number or address.

 

  1. User Guidelines

You agree not to use the Website or App for any purpose that is unlawful under any applicable laws or in violation of these Terms and our Privacy Policy. You will not host, display, upload, modify, publish, transmit or share any information through the Website or App that (a) belongs to another person that you have no right to; (b) is defamatory, obscene, pornographic, libellous, invasive of privacy, racially or ethnically objectionable or disparaging or unlawful in any other manner.

You will not use the Website or App in a manner that could damage, disable, overburden or impair our server or any network connected thereto, or interfere with any other party’s use and enjoyment of the Website or App. You will not attempt to gain unauthorised access to any functions or features, other user accounts, computing systems or networks connected to any Mojro server in any manner including through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Website or App.

The Website and App is made available to you for your own use and you will not attempt to copy, reproduce, alter, modify, reverse engineer or create derivates of the App or allow third parties to do so.

You accept that any and all operations emanating from your Device will be assumed to have been initiated by you.

You are responsible for any and all activities that occur in your account. You agree to notify Mojro immediately of any unauthorised use of your account or any other breach of security. Mojro will not be liable for any loss to you or your organisation owing to the negligent actions or failure on your part to inform Mojro of any loss or theft of your Device or any unauthorised access of your account within a reasonable time.

You will be liable for losses incurred by Mojro or any other party due to a third party’s use of the account. You will not use any other person’s account without the express permission of the account holder and Mojro.

Mojro will make all reasonable effort to ensure that your information is kept confidential. However, Mojro will not be responsible for any disclosure or leakage of confidential information or loss or damage to the Device due to theft, negligence or failure on your part to practice safe computing.

You will ensure that you comply with all prevailing and applicable laws, rules and regulations while using the Website, App and their features and function and Mojro will not be liable in any manner whatsoever for any default by you in doing so.

You understand and acknowledge that upon using the Website or App you authorise us to access third party sites when designated by you, on your behalf, to retrieve such information required to register the account requested by you. To this end, you grant us the power to do so and acknowledge and agree that when we access and retrieve information from third party sites we are acting as your agent.

  1. Indemnification

You agree to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your access and use of the Website or App in violation of these Terms or your infringement of any intellectual property rights in the course of such access or use. The terms of this provision survive the termination of these Terms.

  1. Warranties

The Website, App, our services and their features and functions are provided on an “as is” basis. We expressly disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

Mojro will make reasonable efforts to make available the Website and App at all times. However, we make no warranty that they will meet your requirements, be uninterrupted, timely, secure or error free. We do not make any warranty as to the facilities that may be obtained from the use of the Website or App or the reliability or quality thereof.

Mojro will not be liable for the loss or damage of confidential information or data of the User arising as a result of an event or a series of related events that is beyond the control of Mojro including failures or problems with the internet, attempted hacker attacks, hacker attacks, denial or service attacks, virus or malicious software attacks or infections and other events of like nature.

Any services or features availed through the Website or App is done at your own discretion and risk and you are solely responsible for any damage that results therefrom. We only provide a platform enabling transactions. We are not liable for any actions or inactions of transaction counterparts nor any breach of conditions, representations or warranties by such parties and we expressly disclaim all liability in this regard. No advice or information, whether oral or written, obtained by you from us creates any warranty not expressly stated in these Terms.

  1. Limitation of Liability

In no event will Mojro be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever based on contract, tort, negligence, strict liability or otherwise including damages for loss of use, data or profits, unauthorised access to, or alteration of your data, or your inability to use the Website or App, or any other loss arising out of or in any way connected with the access, use or performance of the Website, App or their features and functions including interruptions, delays, etc. even if Mojro was advised of the possibility of damages. This clause will survive the termination of these Terms.

  1. Termination

Mojro may terminate your use of the Website or App at any time after giving notice of the termination to you. Upon termination, any rights granted to you with regard to the Website or App will stand terminated and you must cease using them.

  1. Updates

Mojro reserves the right to update the Website and App, in order to, amongst other things, increase efficiency, optimise user interface and add new facilities from time to time. Update packages will be sent to your Device for download and installation. You agree to install the updates from time to time and acknowledge that Mojro will only be able to provide account support for the App if you ensure to install all updates upon receiving a notification for the same.

  1. Independence from Platforms

The App is independent from any platform on which it is located. It is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator. Your download, installation, access to or use of the App is also bound by the terms and conditions of the platform operator.

  1. Severability

If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws such provision will be replaced with another which is not unenforceable or prohibited and which as far as possible has the same legal and commercial effect as that which it replaces. Further, the remaining provisions of the Terms will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms.

  1. Waiver

Any failure on part of Mojro to require performance of any provision of these Terms will not affect its right to full performance of such provision at any time thereafter, and any waiver by Mojro of a breach of any provision of these Terms will not constitute a waiver of a similar breach in the future or any other breach.

  1. Assignment

You will not assign or transfer any rights, obligations or privileges you have under these Terms without the prior written consent of Mojro. These Terms are binding on the successors and permitted assigns of both parties. Any assignment or transfer in violation of this clause will be deemed void.

  1. Validity of Terms

These Terms apply when you access or use our Website or App and will remain valid for as long as you continue to do so.

  1. Governing Law and Jurisdiction

These Terms and the Privacy Policy will be governed and construed in accordance with the laws of India. By using our Website or App, you irrevocably consent to the exclusive jurisdiction and venue of courts in Bengaluru, India, in the event of any dispute arising out of or in relation to your access to and use of the Website or App.

  1. Contacting Us

For any queries, please reach out to us at info@mojro.com