Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services. Your Agreement to these Terms and Conditions for availing Service The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and MobTym having its registered office at Sajida Colony , Malerkotla Punjab All services are rendered by MobTym through its platform under the brand name ‘MobTym’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of MobTym. (together with its subsidiaries and other affiliates, “us”, “We” or “MobTym”) such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be). Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. MobTym reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.

Eligibility

The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by MobTym. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.


Providing refund and support in the event of cancellation.

Providing customer support and information in case of any delays / inconvenience.


Communication Policy

By accepting the terms and conditions the customer accepts that MobTym may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer.

MobTym will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from MobTym as an alert on the mobile phone numberconfirm the authenticity of the person(s) receiving the alert. The customer cannot hold MobTym liable for non-availability of the service in any manner whatsoever.

The customer acknowledges that the SMS service provided by MobTym is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, MobTym shall be immediately informed about the same by the customer and MobTym will make best possible efforts to rectify the error as early as possible. The customer shall not hold MobTym liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.

The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. MobTym shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

The customer agrees to indemnify and hold harmless MobTym and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which MobTym and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from MobTym and/or the SMS service provider.

Customer also agrees to receive information regarding what MobTym perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.

By accepting the terms and conditions the customer acknowledges and agrees that MobTym may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, 


Use of Site

You understand that except for information, products or services clearly indicated as being supplied by the MobTym, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that MobTym cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

Prohibited Conduct

By using the Services you agree not to:

use the Services for any purposes other than to purchase and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by MobTym

impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, 

infringe our or any third party’s intellectual property rights, rights of publicity or privacy

use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law

post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person

post or transmit any message, data, image or program which is pornographic in nature

refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to MobTym

remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services

reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation

use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner

modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation

intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features

use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission

interfere or disrupt this Site or networks connected to this Site

take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network

use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services

forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site

sell the Services, information, or software associated with or derived from it

use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others

breach this Agreement or any other MobTym agreement or policy

provide false, inaccurate or misleading information

use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site


use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to MobTym, a third party or You

use the Services in a manner that MobTym or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules

take any action that may cause MobTym to lose any of the Services from its service providers, Telcos, payment processors or other suppliers

send automated request of any kind to the Site’s system without express permission in advance from MobTym.

Refund & return Policy

all refund or returns request will be accepted only if goods your are ordered are not the same you have ordered or in a damage condition or not in working condition customer must open parcel infront of delivery boy and refund or return request will only be accepted on same time of delivery. It is requested to customer if you are not sattisfied with goods you have ordered then return your ordered product to delivery boy at the same time of delivery or do not accept parcel.




Termination; Agreement Violations

You agree that MobTym, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. MobTym may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that MobTym will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MobTym may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.

Limitation of Liability and Damages

In no event will MobTym or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if MobTym or a MobTym authorized representative has been advised of the possibility of such damages. In no event will MobTym or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with MobTym, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that MobTym has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and MobTym, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and MobTym. MobTym would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, MobTym’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold MobTym, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. MobTym reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MobTym, including rights to settle, and you agree to cooperate with MobTym’s defense and settlement of these claims. MobTym will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, 

Manufacturer disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from MobTym or through the services or the site will create 

any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “MobTym” includes MobTym’s officers, directors, 

employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that MobTym is a reseller of Mobile and mobile accessories and is not 

liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. 

You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness 

of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service 

will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, 

reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “

with all faults” basis and without warranties or representations of any kind either express or implied. MobTym, and its third party suppliers, licensors, and 

partners do not warrant that the data, MobTym software, functions, or any other information offered on or through the services, the site or any reference sites

 will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. MobTym and its 

 third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site 

 or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain 

 information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for 

 any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not 

 authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In

 no event will MobTym be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business 

 interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.


Ownership; Proprietary Rights

The Services and the Site are owned and operated by MobTym and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by MobTym (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and MobTym, all Materials, trademarks, service marks, and trade names contained on the Site are the property of MobTym and/or third party licensors or suppliers. You agree not to remove, obscure, or alter MobTym or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by MobTym, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. MobTym reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to MobTym, and shall assign to MobTym, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

MobTym reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, MobTym may be required under applicable law to give you advance notice, and MobTym will comply with such requirements.

Notice

MobTym may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to MobTym must be sent by courier or registered mail to MobTym Sajida Colony, malerkotla, punjab 

Waiver

The failure of MobTym to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by MobTym.

Arbitration

MobTym may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 2015. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chandigarh, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Chandigarh, India, necessary to protect the rights or the property of you or MobTym (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.

Governing Law and Forum for Disputes

Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against MobTym must be resolved by a court located in Chandigarh, India. You agree to submit to the personal jurisdiction of the courts located within Chandigarh, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between you and MobTym relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by MobTym in accordance with the terms of this Agreement.

Terms of Use

The following Terms of Use (“Terms”) are a binding agreement between you and M/S MOBTYM. BY REGISTERING FOR OR USING THE SITE OR THE PLATFORM/NETWORK, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE SITE OR THE PLATFORM/NETWORK. As MobTym is a site/platform/network owned by M/S MOBTYM. hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of M/S MOBTYM.

Definitions

“Customer” “or” “you” mean a person who has registered with MobTym for availing the services . 


Documentation

You will be issued, Basic Account immediately after successful registration. Your account will be upgraded to a Prime Account after you submit your KYC documents at the time of registration itself or on a later date and the same are verified and approved by MobTym. MobTym Wallet Prime Account Services shall ordinarily be activated within twenty one (21) working days of receipt and verification of the associated documentation. For detailed features, registration process, documentation processes, KYC requirements, permitted Transactions, Service discontinuation procedure and other related details relating to the above mentioned Services, please refer www.MobTym.com/MobTymcash.

For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document

For any suspected discrepancy in the particular(s), documentation or Enrollment Form provided by you;

To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;

If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.

If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;

If the mobile connection with which your MobTym Wallet is related ceases to be operational or in your possession or control.

If MobTym believes, in its reasonable opinion, that cessation/ suspension is necessary.


You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of MobTym Account. In case the Password is lost or misplaced, you shall promptly inform MobTym by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your MobTym is lost/stolen/misplaced/ no longer in your control, you shall promptly inform MobTym. MobTym will upon receipt of such information block the relevant account.

Without limiting the foregoing, you agree that you will not use the MobTym Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:

Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

Infringes any patent, trademark, copyright or other proprietary rights;

contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;

Advertises or offers to sell any goods or services for any commercial purpose;

is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

Violates any law for the time being in force;

Belongs to another person to which you do not have any right to;

Interferes with or disrupts MobTym’s websites, servers, or networks;

Impersonate any other person;

Harm minors in any way;

Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites;

Engage in any illegal activities;

Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.

Indemnity

You agree to indemnify, defend and hold MobTym and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the MobTym Wallet, any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.

Additional T&Cs

When you acquire goods, software or any other services from a Merchant Establishment through any of MobTym’s Services, you understand and agree that, MobTym is not a party to the contract between you and the Merchant Establishment. MobTym does not endorse any advertiser or Merchant linked to its website. Furthermore, MobTym is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that MobTym shall not be responsible or liable for any deficiency in goods and/or services purchased using MobTym account. This exclusion of liability shall apply even for goods and/or services made available by MobTym under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by MobTym in any circumstances.

Any web-link on the MobTym Site to a third party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.



You agree to receive all commercial message including transactional messages from MobTym.

Amendment of Terms, Platform

MobTym reserves the right to amend, modify, change, add or terminate (collectively “Changes”) the Terms, the Site or the Platform/Network at any time in its sole discretion. Your continue use of the Site or the Platform/Network shall be deemed your acceptance of any such Changes. You should make sure you view these Terms periodically to make sure you are familiar with the most recent version of them.

MobTym may modify, terminate and/or suspend MobTym account to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.

Any amendment of these Terms & Conditions proposed by you shall not be effective unless it shall be reduced to writing through amendment form and accepted by MobTym. Amendments made under this clause shall be deemed to be a part of these Terms & Conditions and in case of any contradiction the amendment form shall prevail. The terms and conditions herein shall be subject to the notifications/ guidelines issued by RBI, from time to time.

Eligibility and Registration to Use the Services

You must be 18 years old to use MobTym. You must be an authorized representative with the authority to bind that company or entity to these Terms. You agree to provide accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. We reserve the right to terminate any account or your use of the Site or the Platform/Network if any information provided by you is false, fictitious, inaccurate, not current or incomplete, with or without notice to you.

You will be issued a user id and password to access your account. You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. However, if you become aware of any unauthorized use of your account or your user id and password, please contact us immediately.

Compliance with Law


Confidentiality


Assignment

MobTym shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.

Intellectual Property Rights

We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the Site, the Platform, the Usage Data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Platform or use the Platform or Site to create a competing product. MobTym is owned by M/S MOBTYM. Unauthorized use is strictly prohibited. All rights are expressly reserved to MobTym.

Disclaimer

WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. We provide the Site, the Platform/Network and any other technology and services on the Site on an “as is”, “where is”, “with all faults” basis. We do not warrant that the Site or the Platform any products and services shown or described on the Site, or other technology and services will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.

Waiver and Release

To the maximum extent permitted by law, you waive, release, discharge and hold harmless MobTym, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform / 

Consent to Electronic Communications and Transactions

By registering to use the Site, below, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when We send the electronic communication to the email address/mobile number that as per our records, or when We post the electronic communication on the MobTym Site. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting us, but We reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER MobTym, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).

Choice of Law and Dispute Resolution

These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Chandigarh shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.

General

The parties are independent contractors and nothing in these Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms constitute the entire agreement between you and us regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations under these Terms without the express written consent of MobTym. The prevailing party in any action relating to these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in connection therewith from the non- prevailing party.

Grievance Officer

The customer has the right to register his complaint if he is not satisfied with the services or finds attitudinal deficiencies when dealing with agents/ staff or finds system errors or sees gaps between standards of service promised and actual service rendered by the company. The Customer can lodge a complaint by sending email to admin@mobtym.com. This mechanism is exclusively dedicated for customer complaint redressal.Acknowledgement of Grievances & redress on Complaints:

CSD will acknowledge the grievance immediately on the receipt of complaint and initiate action to have the grievance resolved within a maximum period of three weeks on extraordinary cases with auto reply in either cases.

The customer will also be kept informed of the action taken, the progress while redressing grievances, and/or, the reasons for delay if any, in redressing.

Complaints received by e-mail shall be acknowledged by an immediate system generated response or via individual emails to the extent possible.

The follow up action taken in respect of such complaints shall be advised to customers by e-mail.

MobTym MARKET PLACE

he price of products offered on the Website is including MRP, Retail Price, Sell Price, Discounted Price is offered by our Merchant partner. MobTym may at its discretion offer marketing promotion benefits by way of gift coupons, cash back, free gifts etc. on all or some of the products from time to time.MobTym is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the platform. MobTym 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. MobTym 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.

The Website 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 (“Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from MobTym. 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. MobTym does not provide any guarantee with respect to any the Third Party Content and MobTym shall not be held liable for any loss suffered by you based on your reliance on or use of such data.

Cancellation

Cancellation by MobTym: There may be certain orders that MobTym 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, or problems identified by MobTym’s credit and fraud avoidance department. MobTym may also require additional verifications or information before accepting any order. MobTym 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 Customer or MobTym.

Cancellation by the User: In case of requests for order cancellations, MobTym reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if MobTym receives a cancellation notice and the order has not been processed/ approved by MobTym, MobTym shall cancel the order and refund the entire amount to you instantly. MobTym will not be able to cancel orders that have already been processed. MobTym has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by MobTym and accept MobTym’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 returns 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.

MobTym reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by MobTym as per certain criteria. Any MobTym 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 the below mentioned criteria, which may not be exhaustive, viz:

Products ordered are not for self-consumption but for commercial resale

Multiple orders placed for same product at the same address

Bulk quantity of the same product ordered

Invalid address given in order details

Any malpractice used to place the order

Delivery of the Product: Your shipping address, pin code will be verified with the database of MobTym before you proceed to pay for your purchase. In the event your order is not serviceable by our delivery 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 MobTym, in such cases MobTym will not be responsible for the non-delivery of the product. MobTym doesn’t deliver items internationally. However, you can make purchases on the Site from anywhere in the world but at the same time ensuring the shipping address is within India.In case you book multiple orders for the Products and Services in one transaction, MobTym would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics or logistics’ 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.

Return Policy

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.

Upon receiving your complaint, MobTym shall verify the authenticity and the nature of the complaint. If MobTym is convinced that the complaint is genuine, MobTym 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, MobTym reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by MobTym 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 MobTym shall not in any manner be held liable for the same.

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, request you to refuse to accept delivery and inform MobTym at the earliest. The return process of the product may be restricted by MobTym depending on the nature and category of the product.

In order to return any products sold through the Website, you are required to comply with the below mentioned conditions, viz:

For non damaged/ non defective product/service, you shall be allowed to return the product within the time frame displayed on website at the time of purchase.

Please notify MobTym of receipt of a damaged/ defective product/service within 12-hours of delivery to you. If you are unable to do so within 12-hours, MobTym/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;

MobTym will arrange pick-up of the damaged/defective product through its own logistics partner. In the event MobTym is unable to do so, MobTym 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 MobTym;

Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;

It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;

The returned products are subject to verification and checks by MobTym in order to determine the legitimacy of the complaint/ return.

In the event the return of a product is duly accepted by MobTym, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, will be refunded to you. Refund will be processed based on the mode of payment and MobTym will credit your refunds directly into MobTym Wallet account. Refunds will be subject to the following:

Orders paid online will be refunded to your bank account

For Cash on Delivery payments also the amount will be refunded into your Bank account provided by you.

It will take 3-21 days for the money to show in your bank account depending on your Bank’s policy.

A promo code, once used shall not be refunded in case of cancellation of order either by customer or MobTym.

MobTym offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not as described is the seller’s responsibility. You also authorize MobTym to place the return shipping label costs on your invoice, subject to your automatic payment method on file.

Use of Information: We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

By accepting the terms and conditions the you accept that MobTym may send the alerts to the mobile phone number/ email provided by you while registering for the Service or to any such number replaced and informed by you.

Content: While We try to offer reliable data, We cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content.

Limitation of liability and waiver: Notwithstanding anything to the contrary contained herein, neither MobTym nor its affiliated companies, subsidiaries, officers, directors, employees or Merchants or any related party shall have any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to INR one hundred (INR 100). To the maximum extent permitted by law, you waive, release, discharge and hold harmless MobTym, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the online Market Place Service.

Jurisdiction and dispute resolution: These terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Chandigarh shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.

MobTym MARKET PLACE – Travel



In using the online Market Place Service, you explicitly agree and acknowledge that:

MobTym, through its site/app makes available, content/listings/bookings offered by the Aggregators either directly and/or through its Merchants. Availing such bookings/listings will be subject to the terms of offer for sale and such other additional terms, if any, as specified by such Aggregator.

MobTym is not a warrantor of the content/listings/bookings being offered on MobTym by various Aggregators. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed as per the terms and conditions of the Aggregator and you agree to handle such issues and disputes directly between you and the Aggregator. You acknowledge that MobTym gives no guarantee, either express or implied, regarding the use or availability of online Market Place Service or bookings made by you through Online Market Place.

MobTym, may at its discretion, offer marketing promotion benefits by way of gift coupons, cash back, free gifts etc. on all or some of the products or services from time to time. MobTym is not liable for any defect or fault in listings/bookings, content the product or deficiency in service of the Aggregator purchased through the platform. MobTym is not linked with any warranty, guarantee, post sale claims, genuineness of listings/bookings, content, products and services as it is just a platform that facilitates booking through the Aggregator. MobTym will not be liable for any claims including but not limited to any misrepresentation by the Aggregator in its content/listings/bookings.

The Website/App makes available, general third party information such as, product and services 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 (“Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from MobTym. MobTym will not be responsible for infringement of any third party’s intellectual property rights and rights of privacy in such cases. 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. MobTym does not provide any guarantee with respect to any the Third Party Content and MobTym shall not be held liable for any loss suffered by you based on its reliance on/or use of such data. You should contact such site/app for their terms and conditions, privacy policy, complaints and clarification governing various features and offers of the products and services offered by them.

Cancellation/refund: The cancellation/refund in respect of the bookings and charges, if any will also be governed as per the terms and conditions of the Aggregator. MobTym has no role in governing refund/cancellation charges. MobTym, being an Online Market Place Services provider, will not be responsible for it. The Aggregator is solely responsible for the content/listings/bookings made available by it through MobTym Platform and you should contact the respective Aggregator directly in relation to the above mentioned queries. Hyperlinks for Terms & conditions of some of the Aggregators are mentioned below:



Use of Information: We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the you Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded message calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. 


By accepting the terms and conditions the you accept that MobTym may send the alerts to the mobile phone number/ email provided by you while registering for the Service or to any such number replaced and informed by you. 


Limitation of liability and waiver: Notwithstanding anything to the contrary contained herein, neither MobTym nor its affiliated companies, subsidiaries, officers, directors, employees or Merchants or any related party shall have any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to INR one hundred (INR 100). To the maximum extent permitted by law, you waive, release, discharge and hold harmless MobTym, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Online Market Place Service 


Jurisdiction and dispute resolution: These terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Chandigarh shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis. 


Money

100% Money refund

Delivery

Fast send and delivery

Secured