Terms and Conditions
MCDODO ONLINE TERMS AND CONDITIONS
Welcome to Mcdodo Online Platform!
The terms and conditions as set out herein (“Terms”) constitute an agreement between mcdodo online (“mcdodo”, “we”, “us” or “our”), which manages and operates the mcdodo online Platform (defined below) and any natural or legal person who accesses and/or uses mcdodo online Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on mcdodo online Platform (“Service”), as updated from time to time.
By using the mcdodo online Platform, you expressly agree to be bound by the Terms. So please read these carefully before continuing to use the mcdodo online Platform. If you do not agree with any of these terms, please do not use this mcdodo online Platform. If you have any questions about these Terms, please contact us at email@example.com or call us at +91 9737811109 (9:30 AM to 7:30 PM, 365 days). Please note that your access to the Services, other platforms or utilisation of Products (defined below), offers or promotions in relation to the Products as may be provided by mcdodo or its affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the mcdodo online Platform and transaction or dealings thereon.
For the purposes of these Terms: (a) “mcdodo online” means the www.mcdodo.online, which include its corresponding mobile application/wallet/ website/tablet/desktop or any other digital mode and/or operating system as provided by mcdodo, on which you may avail the Services and includes applications controlled and managed by mcdodo which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by mcdodo; (b) “Products” shall mean the variety of products offered for sale to you on the mcdodo online Platform; and (c) mcdodo and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the mcdodo online Platform and for purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF THE PLATFORM
1.4 This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5 We authorise you to view and access the mcdodo online Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, therefore, grant you a limited, revocable permission to access and use the Services.
1.6 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the mcdodo online Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the mcdodo online Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
1.7 If you have any query regarding the Terms, you may contact us at firstname.lastname@example.org or +91 9737811109 (between 9:30 am and 7:30 pm) (“Customer Service”). Please be informed that mcdodo reserves all the rights in the mcdodo online Platform.
2.1 In order to use the mcdodo online Platform and/or avail the Services, you will have to register on the Platform. Registration is a one-time process. You will be eligible to further access and avail the Services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.
2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the mcdodo online Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account. It is your responsibility to maintain confidentiality of your email accounts/mobile SMSs where mcdodo may send log in PIN/password. It is recommended to change your PIN/passwords frequently.
3.2 You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from mcdodo at any time by following the instructions set out in such communications.
4.1 mcdodo will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”), provided as part of this mcdodo online Platform is correct at the time of inclusion on the mcdodo online Platform, mcdodo does not guarantee the accuracy of the Information. mcdodo makes no representations or warranties as to the completeness or accuracy of Information.
4.3 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the mcdodo online Platform shall constitute an invitation to invest in mcdodo or any affiliates. Any use of this mcdodo online Platform or the Information, is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or mcdodo upon, this website, the Information, or any third party website linked to this mcdodo online Platform. mcdodo is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.
4.4 As means to assist the users in identifying the Products of their choice, we provide visual representations on mcdodo online Platform through graphics, illustrations, photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance/color of the Products when delivered may differ for various reasons.
4.5 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and mcdodo makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
4.6 mcdodo does not covenant or provide any representations and warranties:
4.7 THIS MCDODO ONLINE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. MCDODO, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE MCDODO ONLINE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. MCDODO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF MCDODO HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.8 Mcdodo Disclaimer - To the extent permitted by applicable law, mcdodo, our officers, agents, employees and directors disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the mcdodo online Platform.
5.2 mcdodo has several websites offering Products, Services, content and various other functionalities to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. mcdodo does not make any warranty or representation that a user in one region may obtain the Services from the mcdodo site in another region and mcdodo may cancel a user's order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
5.3 Information that mcdodo publishes on the world wide web may contain references or cross references to mcdodo Products, programs and Services that are not announced or available in your country. Such references do not imply that mcdodo intends to announce such Products, programs or Services in your country. Consult your local mcdodo business contact for information regarding the Products, programs and Services that may be available to you.
5.4 We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the mcdodo online Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the mcdodo online Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
6.1 In your use of mcdodo online Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of mcdodo online Platform or access any other third party website linked to the mcdodo online Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that mcdodo has no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third party website and the contract under such instances remains between you and any such third party.
7.1 The mcdodo online Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Mcdodo Content”). All copyright and other intellectual property rights in the mcdodo online are either owned by mcdodo or have been licensed to mcdodo by the owner(s) of those rights so that it can use the mcdodo Content as part of mcdodo online. Mcdodo retains copyright on all Information, including text, graphics and sound and all trademarks displayed on the Mcdodo online Platform are either owned by mcdodo and used under the licence by mcdodo affiliates or licensed to us.
7.2 You may use and display the mcdodo Content only on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by mcdodo when you register on the mcdodo online Platform, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with the Return and Refund Policy of mcdodo and for using and printing copies of the information on the mcdodo online Platform for your personal use and store the files on your computer for personal use only and not for business purposes.
7.3 You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any mcdodo Content contained in the mcdodo online Platform. These restrictions apply in relation to all or part of the mcdodo Content available on the mcdodo online Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the mcdodo online Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from mcdodo online Platform; or (e) link any other material to the mcdodo online Platform, without our express written consent.
7.5 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at email@example.com or call us at +91 9737811109 ( 9:30 AM to 7:30 PM, 365 days ) and let us know of your concerns.
All the trade names associated with mcdodo and all Products and logos denoted with TM or are trademarks or registered trademarks of mcddo or its affiliates. mcdodo trademarks may not be used in connection with any product or service that is not a mcdodo product or service.
9.1 You grant to mcdodo a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the mcdodo online Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the mcdodo online Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to mcdodo, including the execution of deeds and documents, at its request.
9.2 You agree that mcdodo does not routinely monitor your postings on mcdodo online Platform but reserves the right to do so. However, if mcdodo becomes aware of inappropriate use of the mcdodo online Platform or any of its Services, mcdodo will respond in any way that, in its sole discretion, mcdodo deems appropriate. You acknowledge that mcdodo will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, mcdodo will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
9.3 Submissions and unauthorised use of any materials contained on the mcdodo online Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold mcdodo and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the mcdodo online Platform or the use of the mcdodo online Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
10.1 You represent and warrant that: (a) your use of mcdodo online Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to mcdodo in connection with mcdodo online Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, mcdodo will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify mcdodo and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
10.3 You will not do any of the following:
10.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through mcdodo online Platform, any information that:
In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with mcdodo hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to the grievance officer of mcdodo at the below mentioned coordinates:
PART B – TERMS AND CONDITIONS OF SALE ON THE PLATFORM
Welcome to Mcdodo Online Platform!
The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between the mcdodo (“mcdodo”, “we”, “us” or “our”) which operates the mcdodo online Platform, the portal www.mcdodo.online and its corresponding mobile application (collectively, “mcdodo online Platform”) and any natural or legal person who accesses and/or uses mcdodo online Platform in any manner (“you” or “your”) and govern your purchase of the products (“Product(s)” ) from us on or through the mcdodo online Platform.
1.1. Listing and display of a Product by us on mcdodo online Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on mcdodo online Platform by you is your offer to buy the Product(s) from us.
1.2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
1.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
1.4. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
1.5. Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the mcdodo online Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
1.6. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.
1.7. You can cancel your order for a Product at no cost at any time before we send the Shipment Confirmation relating to that Product.
1.8. All orders placed on mcdodo online Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
Please review the Return & Refund Policy of mcdodo online Platform, which applies to Products sold by us.
We list availability information for the Products on the relevant webpage of mcdodo online Platform. Beyond what we say on that webpage or otherwise on mcdodo online Platform, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile if any Products you order turn out to be unavailable or out of stock.
4.1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
4.2. Products in your shopping cart of mcdodo online Platform will reflect the most recent price as displayed on the Product’s information webpage on mcdodo online Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
4.3. Product prices, offers and promotions are subject to change from time to time without prior notice. All prices displayed on the website www.mcdodo.online are inclusive of taxes.
Mcdodo online reserve the right to change the prices of products, services and the availability of the same at our sole discretion. No refunds of orders will be entertained on account of price changes of the product on the website at any point of time.
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use mcdodo online Platform and place an order with us. If you are a minor i.e. under the age of 18 years, you may purchase the Product on mcdodo online Platform only with the involvement of a parent or guardian.
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
No provision in these Terms of Sale will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
13.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.