TERMS OF SERVICE

OVERVIEW

This website is operated by [___MUMgroom ___]. Throughout the site, the terms “we”, “us” and “our” refer to [___MUMgroom___]. [___MUMgroom___] offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall [___MUMgroom___], our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless [___MUMgroom___] and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Mumbai, Maharashtra.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [___admin@mumgroom.com ___].

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Terms of use continue…

This website site is owned and operated by MUMgroom.  The website named www.mumgroom.com  MUMgroom. Owns, and operates the services provided through the Website and other physical marketing channels. These Terms and Conditions govern the access and use by you of the platform, technology, applications, websites, content, services, and Products, This Agreement governs your use of any Web site or Web page operated by MUMgroom., You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.  If you are under the age of 18, you have the permission of your parent or guardian to access the MUMgroom . Web.  (Collectively and individually referred herein as “Our Services”) made available by the Company (collectively referred herein as “we” us and/or “MUMgroom”). Provides the social networking tools and services that allow individual members to find resources, tools, news and information to make better decisions in regards to the health and well-being of their pet. This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the MUMgroom website including through a mobile device, or otherwise use the Services without being registered, or you are a “Member” (which means that you have created an account or are otherwise registered with us If you do not agree with any of the terms of this agreement, do not access or otherwise use this site or any information contained on this site. Your use of this site shall be deemed to be your agreement to abide by each of the terms set.

Users Agreement for our Services & Products

We have the right to modify the Terms of Use at any time without giving any prior notice. Your use of Our Services following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of Our Services or to any particular Services offered by us are also considered as Terms of Use. By agreeing to these terms, you also agree to the terms of use of the Service, which are available at wwww.mumgroom.com

Links to other sites are accessed at your own risk and we accept no liability for any linked sites. When you access a non-MUMgroom web site, please understand that it is independent and we have no control over the content of that web site. Further, a link to a non-our web site does not mean that MUMgroom endorses or accepts any responsibility for the content or the use of such web site. Users must take their own precautions to ensure that what is selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Terms:

This Agreement and any posted revision to this Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, or no reason.

Password:

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

• never share your account information
• never use the same password for more than one account
• never tell a password to anyone, including people who claim to be from customer service or security
• never write down a password
• never communicate a password by telephone, e-mail or instant messaging
• being careful to log off before leaving a computer unattended
• changing passwords whenever there is suspicion they may have been compromised
• operating system password and application passwords are different
• password should be alpha-numeric

No WARRANTIES:

The services, and/or products are provided, and available, and we expressly disclaim any warranty of fitness for a particular purpose or non infringement. We can’t guarantee, and do not promise any specific results from use of the services, and/ or products.

Services, and/ or products:

The Seller hereby makes an offer to sell our services, and/or Products listed by Seller on the Website and the Buyer upon agreeing to purchase the services, and/or Products listed by the Seller hereby accepts such offer to sell by the Seller. Accordingly, the contract for sale of the services, and/or Product is to be contracted between Buyer and the Seller.

Pricing information:

All offer of sale of Products are governed by the description and specifications of the services, and/or Product, terms of warranties provided by the respective manufacturer/Sellers/brand owners (if applicable). Such warranties are provided by manufacturer/Sellers/brand owners (as applicable) and will be fulfilled by the manufacturer/Sellers/brand owners.

The Selling Price of the Product is subject to change without prior notice to the purchase of the Product by the Buyer

All prices are inclusive of VAT/TAX unless stated otherwise.

Services, and/or products delivery:

There are various delivery models for delivery of purchased Services, and/or products to the Buyer, as decided by the Seller.

We or seller will verify the delivery address with postal code updated by you on our website, if the services, and/ or products are not serviceable, the buyer may provide alternate address to avail the benefits of MUMgroom. The risk of any damage, loss or deterioration of the Service or Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. 

 There is no guaranteed time of dispatch, and any information about the time of dispatch is estimate only and should not be relied. Therefore, time is not the essence of the contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of services, and/or Product.

We allows the buyers to communicate with sellers, and other members on our website by the options like chat, email, sms, Whatsapp, or other communication methods, however we are not responsible of any loss, damage of the services, and/ or products, if the order is not processed through our website.

We don’t ask any personal financial information of any buyer like their credit card, debit card, net banking id or password, by the methods like over the phone, sms, email etc.

Return, replacement, or refund:

Buyer’s Product related complainant for refund or replacement will be processed, However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the services, and/or Products, the Buyer will not be eligible for refund or replacement.

‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on MUMgroom website. Here are some situations may arise:

Item was defective, Item was damaged during the Shipping, Products was / were missing, Wrong item was sent by the Seller., Return may also result in refund of the amount  in most of the cases.

The sellers of the services, and/or products are responsible to accept the return, replacement, however if buyer orders wrong services, and/or products, buyers are not eligible to get refund, or replacement.

In case buyer orders wrong services, and/or product, he/she is eligible to cancel the order before the service date, and/or product is dispatched, we or seller are not responsible to refund if the order is confirmed unless the services were not rendered, and/ or product was missing, not delivered, damage, faulty, or passed the expiration date.

Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product’s packaging is not damaged or tampered.

We will process the refund after getting the proper approval from both the parties (seller, and buyer) if there is any situation where the refund, replacement, or return is not processing, MUMgroom is authorized to interfere, get the resolutions within 10 business days, and the resolution will be provided based of the seller’s, and buyers agreement, if the refund is the resolution of the situation, we will initiate the refund within 10 days of the resolution date.

Refund is done in the mode of bank account transfer, transaction done online by net banking, credit card, debit card or the methods of online payments, the fund transfer time may vary from MUMgroom Bank account to the beneficiary account, we have no control on it.

If the original mode of is cash on delivery, buyer will have to update their bank information on our website, in order to get the refund, or we will issue a demand draft in the name of buyer, and send this to the address updated in our records.

Content Posted on the website:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork is a third party user generated content and we have no control over such third party user generated  content as MUMgroom is merely an intermediary for the purposes of this Terms of Use.

6. VENDOR AGREEMENT FOR PROVISION OF MUMgroom

This agreement is made at ______ on this ____ day of _______ 20…. between ______________________________, an individual proprietor/partnership firm duly registered under provisions of Partnership Act, 1932/ a company incorporated under the provisions of Companies Act, 2013 having his/her/its address/registered office at ___________________________________________________________, ___________________________________ (acting through Mr. _____________________________________, duly authorized to enter in to present agreement by partners / board of directors ) (hereinafter referred to as “the Vendor” which expression shall mean and include his/her/its successors in title, administrators and assigns) of the First Part

And

This agreement is made at ______ on this ____ day of _______ 20…. between MUMgroom, a company incorporated under the provisions of Companies Act, 2013 having its registered office at Flat/Door/Block No. D 401 Name of Premises/ Building Irvetta Village/Town Palava Block Phase 2Road/Street/ Lane Casa Rio Gold City Thane State MAHARASHTRA District THANE , Pin 421204 (acting through Vishal Mishra, duly authorized by the Company) (hereinafter referred to as “the Company”) of Second Part The parties above referred are individually known as “the party”/ “the Vendor” / “the Firm” as the case may be and collectively referred to as “the parties”;

WHEREAS the Vendor is engaged in the business of manufacturing/Providing Cancel Services, Veterinary services, trainer, walker, groomer/ _______________ and similar items;

AND WHEREAS the Firm is owner of E-Commerce Website by the name of www.mumgroom.com  wherein various products and services of different nature are marketed and sold using electronic medium more particularly through the e-commerce domain.

AND WHEREAS the parties hereto have after mutual discussions have come to an agreement that the products of the Vendor will be marketed by www.mumgroom.com  on their ecommerce store;

AND WHEREAS parties have agreed to reduce their terms in writing

NOW THIS AGREEMENT WITNESSES AS UNDER

1. Commencement, Term, Renewal

1.1 The date of execution of this agreement shall be the commencement date and the agreement shall remain valid and binding for a period of _________ year initially and can be renewed on mutually agreed terms at the time of renewal for such terms as the parties agree. All renewals of the agreement shall be express and in writing. No oral agreement shall be binding on either of the party.

2. Marketing Tools/Support, Products, Availability of products, Services etc.

2.1 The Vendor will keep informed at all times the Firm about the availability of the products in its inventory along with detailed specifications products or services etc. as may be required of the product. Order once placed on the Firm by the customer shall have to be honored by the Vendor at all costs.

3. Fee/Commissions etc

3.1 The firm as such shall not charge any fee for providing web space /display on website however for all such sales that are made/generated using the website www.mumgroom.com a commission shall be paid by the Vendor to the Firm. The details of commissions to be paid product category wise is specified is Schedule A or Service Category wise is specified in Schedule B to this agreement. The schedule can be amended to modify any rate of commission in respect of any product. Any amendment to such schedule will be express. The said schedule is to be treated as part and parcel of the agreement.

3.2 It is expressly agreed by the parties hereto that the Firm shall debit the amount of commission from the remittance to Vendor at the time of forwarding the order received from the end customer.

3.3 The parties will endeavor to perform reconciliation of accounts/orders every 90 days.

4. Order, Handling, Delivery etc.

4.1 Orders for the product shall be received using the website www.mumgroom.com and shall be forwarded to the Vendor by the Firm via email/Telephone/Fax/Courier.

4.2 The Vendor shall upon receipt of the order from the Firm immediately arrange to deliver the products or services to the designated address as early as possible but in any case the dispatch shall be made within 5 (Five) days of the receipt of the Order. In case the Vendor fails to dispatch the product within the aforesaid time, it has to return the amount received back to the Firm forthwith. No delay in returning the amount is permissible and any delay caused shall be considered as breach of the agreement and be one of the cause for termination of agreement. The Vendor shall provide to the Firm the consignment number, details of courier/shipment agency immediately followed by proof of delivery.

4.3 The Vendor shall ensure that the products dispatched are of the specifications ordered and there is no variation whatsoever. The necessary guarantee/warranty shall be provided by the Vendor to the customer.

4.4 The Vendor agrees to replace the defective products supplied to the customer at its own cost and shall not hold the Firm responsible in any manner whatsoever.

4.5 The Firm may, at its discretion arrange to lift the defective products from the customer however the Vendor will still be liable to replace the defective product. Any charges incurred by the Firm for lifting and forwarding such defective goods shall be on account of the Vendor. The Vendor shall make good such charges to the Firm upon receipt of invoice/debit note. No request for any adjustment from future payables to the Vendor from Firm will be made however, the Firm is at its liberty to deduct such amount from future payables of fresh Orders. Such deductions shall not be treated as practice and/or precedent. For avoidance of doubts it is clarified that defective would mean and include but is not limited to wrong product, damaged product, miss sized product and any other shortcoming which the customer may point out. The Vendor hereby authorizes the Firm to entertain all claims of return of the Product in the mutual interest of the Vendor as well as the Customer.

5. Covenants of Vendor

The Vendor hereby covenants with the Firm as under:

5.1 To deliver the product of the ordered specifications/description only including quantity and quality prescribed in the Order and there should be no instance of wrong item being delivered and/or quality issue and/or issue of Non delivery. Further, the Vendor shall maintain adequate stock/inventory of the items at all times. In case the Vendor is running out of supplies or is likely not to fulfill the Order received by the Firm, it shall intimate to the Firm at least ______ hours (________ days) in advance so that notice of OUT OF STOCK for the product can be placed on the website.

5.2 Not to send any kind of promotion material or any such material, which is, derogatory to and/or adverse to the interests financial or otherwise of the Firm, to the customer either along with the products supplied or in any manner whatsoever.

5.3 Not to do any act/deal in a thing / products/goods/services which are either banned/prohibited by law or violates any of the intellectual property right of any party in respect of such product.

5.4 The Vendor declares that it has all rights and authorizations in respect of intellectual property rights of third parties and is authorized to sale/provide/license such products to the customer. The copy of such authorization shall be provided on demand without failure and/or protest.

5.5 The Vendor agrees to indemnify and keep indemnified the Firm from all claims/losses (including advocate fee for defending/prosecuting any case) that may arise against the Firm due to acts/omission on the part of the Vendor

5.6 To provide to the Firm, for the purpose of the creation/display on website of Firm, the product description, images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale.

5.7 To ensure and not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party or of inaccurate, false, incorrect, misleading description or is surrogatory in nature. Further it will forward the product description and image only for the product which is offered for sale through the website of the Firm. The Vendor agrees that in case there is violation of this covenant, it shall do and cause to be done all such acts as are necessary to prevent disrepute being caused to the Firm

5.8 To provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. The Vendor agrees not to provide any such description/information regarding the product which amounts to misrepresentation to the customer.

5.9 To be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through portal of the Firm.

5.10 At all times have access to the Internet and its email account to check the status of approved orders and will ensure prompt deliveries within the time frame mentioned herein before in the agreement.

5.11 Provide information about the Order Status including Airway Bill Number on a daily basis.

5.12 To raise an invoice as well as receipt of payment in the name of Customer for an amount equivalent to the amount displayed as MRP on the online store to the customer and paid by/charged to the customer.

5.13 Not to offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws.

5.14 To provide satisfactory proof about the ownership/licenses of all the legal rights in the Products that are offered for sale on the Online Store as and when demanded by the Firm.

5.15 To pass on the legal title, rights and ownership in the Products sold to the Customer.

5.16 To be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Vendor. No claim of whatsoever nature will be raised on the Firm.

5.17 The Vendor shall at all time during the pendency of this agreement endeavor to protect and promote the interests of the Firm and ensure that third parties rights including intellectual property rights are not infringed.

5.18 The Vendor shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc.

5.19 To provide to the Firm copies of any document required by the Firm for the purposes of performance of its obligations under this agreement within 48 hours of getting a written notice from the Firm.

5.20 To seek advance written approval from the Firm, prior to release of any promotion/advertisement material, in so far as the same relates to services offered pursuant to the terms of this Agreement.

6. Warranties, Representations and Undertakings of the Vendor

The Vendor warrants and represents that

6.1 The signatory to the present agreement is having the right and full authority to enter into this Agreement with the Firm and the agreement so executed is binding in nature.

6.2 All obligations narrated under this Agreement are legal, valid, binding and enforceable in law against Vendor.

6.3 There are no proceedings pending against the Vendor, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement;

6.4 That it is an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into present agreement with the Firm.

6.5 It shall, at all times ensure compliance with all the requirements applicable to its business and for the purposes of this agreement including but not limited to Intellectual Property Rights, Sales Tax, Central Sales Tax, Service tax, Standards of Weights & Measures legislation, Sale of Goods Act, Value added tax, Excise and Import duties, etc. It further declares and confirm that it has paid and shall continue to discharge all its obligations towards statutory authorities.

6.6 That it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the Firm and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party.

6.7 It shall maintain details of all transaction and mark as complete / incomplete as the case may be and shall provide the same to the Firm upon demand.

7. Rights of Firm:

7.1 Vendor agrees and acknowledges that the Firm, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Vendor without any prior intimation to Vendor in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of MUMgroom. In such an event, the Firm reserves the right to forthwith remove/close the online store of the Vendor without any prior intimation or liability to the Vendor.

7.2 Appropriate disclaimers and terms of use on www.mumgroom.com portal shall be placed by the Firm.

7.3 At any time if the Firm believes that the services are being utilized by the Vendor or its Customer in contravention of the terms and provisions of this Agreement, Terms and conditions of use of www.mumgroom.com , the Firm shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to Customer or the End user as the case may be, forthwith remove/block/close the online store of the Vendor and furnish such details about the Vendor and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.

8. Indemnity

8.1 The Vendor indemnifies and shall hold indemnified the Firm, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Vendor’s product, the breach of any of the Vendor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Vendor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc . For the purpose of this clause reference to the Firm shall also include the Mobile Operators and such other agencies through whom the Firm shall make the Online Store available to the Customers.

8.2 This article shall survive the termination or expiration of this Agreement.

9. Limitation of Liability

9.1 The Firm on the basis of representation by the Vendor is marketing the products of the Vendor on the portal www.mumgroom.com to enable Vendor to offer the it’s products for sale through the said online shopping portal. This representation is the essence of the Contract. It is expressly agreed by the vendor that the Firm shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor, customer or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Vendor agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through online shopping portal www.mumgroom.com (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Firm harmless and indemnified against all such claims and damages. Further the Firm shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor or any of its representatives.

9.2 The Firm under no circumstances will be liable to the Vendor for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the Vendor has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Vendor to have been deliberately caused by the Firm.

10. Termination and effects of Termination

10.1 This Agreement may be terminated by the Firm forthwith in the event

10.1.1 Vendor fails to make payment of the sum demanded after it has been served a 48 hours written notice;

10.1.2 Vendor commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not cured within 30 days after written notice given by the Firm.

10.1.3 If a Petition for insolvency is filed against the Vendor.

10.1.4 If the Vendor is in infringement of the third party rights including intellectual property rights.

10.2. This agreement may be terminated without reason by either party after serving upon the other, a written notice of 30 days. The agreement shall stand terminated after expiry of such period.

10.3 Effect of Termination:

10.3.1 In the event of termination/expiry of this Agreement, the Firm shall remove the Links and shall discontinue display of the Products on online shopping portal www.mumgroom.com with immediate effect.

10.3.2 Firm shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the Vendor by virtue of termination of this agreement.

10.3.3 During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement and this sub-clause shall survive the termination of this agreement.

11. Jurisdiction, governing law and ex-parte Orders

11.1 This agreement is subject to exclusive jurisdiction of competent Courts of law at Mumbai only.

11.2 The laws of Republic of India, as are in force, shall be applicable to present agreement.

11.3 The Firm is entitled to obtain ex-parte ad- interim injunction orders restraining the Vendor to prevent any loss/anticipated loss either in material terms or in terms of intellectual property or causing damage/loss/harm to reputation/goodwill of the Firm by the Vendor, its representatives, associates or assigns.

12. Notices

12.1 All notices and other communication under this Agreement shall be in writing, in English language and shall be caused to be delivered by hand or sent by telex, fax, email or courier in each case to the addresses as set out at the beginning of this Agreement.

13. Intellectual Property Rights

13.1 The Vendor expressly authorizes the Firm to use its trade marks/copy rights/ designs /logos and other intellectual property owned and/or licensed by it for the purpose of reproduction on the website and at such other places as the Firm may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.

14. Entire Agreement:

14.1 This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, correspondence, arrangements and understandings (whether written or oral) between the Parties with respect to its subject matter.

15. Assignment:

15.1 Neither this Agreement nor any part of it is assignable, transferable, sub-licensable, sub-contractible or conveyable by Vendor, either by operation of law or otherwise, without the express, prior, written consent of the Firm signed by an authorized representative of such Party. The Firm is at liberty to refuse such consent.

16. Confidentiality:

16.1 The contents of the agreement and any information passed on by the Firm to the Vendor is highly confidential in nature and the Vendor agrees and undertakes to maintain the confidentiality of the information and user/customer data disclosed, generated or made available to Vendor under this Agreement. The said information shall not be used by the Vendor or its agents, servants, representatives or any person acting through or claiming through the Vendor for any purpose other than for the performance of its obligations under this Agreement. The Vendor agrees that the unauthorized disclosure or use of such information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, Vendor agrees that the Firm shall have the right to obtain an immediate injunction from any court of law ensuing breach of this Agreement and/or disclosure of the Confidential Information. The Firm shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.

17. Relationship of Parties

17.1 Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Firm shall not be responsible for the acts or omissions of the Vendor and Vendor shall not represent the Firm, neither has any power or authority to speak for, represent, bind or assume any obligation on behalf of the Firm.

18. Waiver and Amendment

18.1 No waiver of any breach of any provision of this Agreement constitutes a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and will not be effective unless made in writing and signed by an authorized representative of the waiving Party.

18.2 Except as expressly set out in this Agreement, no amendment is binding on the Parties unless it is in writing and signed by a duly authorized representative of each of the Parties.

19. Force Majeure

19.1 Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party’s reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.

20. Two Originals

20.1 This Agreement may be executed in two (2) counterparts, one to remain with each party and each of which shall be deemed an original and which shall together constitute one Agreement.

Schedule A herein before referred

Details of product category wise commission

Sr No.	Category of Products	Commission in % terms

Schedule B herein before referred

Details of services category wise commission

Sr No.	Category of Products	Commission in % terms

 You pay us a percentage on your final sale value, only when selling is done successfully. Please email us at admin@mumgroom.com for further details on our ‘Final Value Fee structure’.

In witness whereof the parties have hereto caused their respective hand and seal to be affixed the day and year first hereinabove mentioned.

Signed sealed and delivered by the

within named Vendor ______________

____________ through Mr. __________

____________________ duly authorized

in this behalf

X____________________

Signed sealed and delivered by the

within named Firm M/s _____________

through _MUMgroom_

Blacklisting:

Blacklisted by your employer? These are 3 main reasons behind it

Want to know how to act when you get on your employer’s bad side? Though there are innumerable ways to screw up your opportunities to get a new job. But the reason for losing new opportunities is because you have been blacklisted by your former/existing employer. If employers blacklist you, he will recommend other organization from the same industry to not hire you ever in future and refrain you to get hired. So, in short, your candidature is not considered for any job positions.

These are main 3 reasons behind your employer blacklisting you

False Personality / Dishonest to job

Being dishonest will blacklist you in every aspect of your life and this affects greatly while searching for a job. Dishonesty can range from simple fantasies to out-and-out falsifications. Dishonesty can be easily tracked down on employment materials like CV. Many a times candidates strain the truth when it comes to their education or past work experiences. This dishonesty can be easily tracked by the employer either before or after you’re hired. Be rest assured that dishonesty is a surefire way to get yourself fired.

Solution: Very Simple – be honest to your job. Don’t Lie. Never stretch the truth. Be honest with the employer regarding your past work experience, your job roles, your educational qualifications and nothing more

Unethical/Unprofessional attitude towards work

This is very important aspect towards your job. There are many ways employer can find you unprofessional but mainly the track your in-person presence or online presence. If you use an unsuitable expression on your public social media profiles or show up for a face to face interview in a bad attire or bad reference from your previous boss to your new employer, beware – you could seriously get blacklisted.

Solution: Simple and Straight – Be Professional. Always dress nicely in a suit for an interview. Keep your online image clean or at least try to reconsider your privacy settings, always stay work-appropriate topics both in-person and online.  And very importantly be professional and courteously with your employer and everyone in the organization.

Negligent attitude towards work

Being inattentive or distracted shows employers that you lack attention to detail in work or have an incapability to follow directions – 2 blacklist-worthy attributes in an employee. Candidates who have grammar and  spelling mistakes on their CV or other job application materials; failing to follow proper application guidance; missing deadlines, or are late to interviews are assuredly careless, and an employer will notice all these attributes

Solution: Take time before you submit your application to proofread. Double-check the guidance for application, and try to keep best you deadlines or the time of your interview. Every Employer expects their employee giving attention to detail.

 How to act when you’ve been blacklisted

1. Reach out to the organization and request an in-person discussion with your employer
2. Ask for helpful feedback about what went wrong while your work tenure and what could be done to correct the mistake done knowingly/unknowingly
3. Be amenable to affirm the advice of the person in your existing or former who’s blacklisted you
4. Follow through with the employer to take things forward in the best way.

Always remember: be polite and professional with your existing as well as the former employer, and don’t burn your bridges.

Author: Nithin

HR software, payroll Software, HRMS, HRIS,

(Source : https://www.hrmantra.com/Blog/Blacklisted-by-your-employer-These-are-3-main-reasons-behind-it-.aspx)

Dhanalakshmi Girish, Handled end to end HR functions in a BPO environment for several yearsAnswered August 27, 2016

First of all, don’t ever tell the employer that you have ‘personal problems’ when you are unhappy with the company. Tell them the truth. Tell them what you went through as a newcomer coming into the company. It is in their interest to make you feel comfortable. By doing this, you will have a upper hand in the situation. They cannot refuse to let you go or threaten you when you don’t think their work environment is good.

Either they have to give you a team with a good work environment or they must let you go. Don’t be shy or scared to tell your problems to the HR. In most companies, the HR will take steps to make you comfortable. Right now, they think you are the one to blame. Let them know, that they are the ones to blame for your situation. Don’t worry much about blacklisting. In India, it is still a dream for an employer.

Also, it may be too early to pass a judgement about a company with just a few bad episodes. To really assess the company environment, give it three months time. Then you can make up your mind.

(Source :https://www.quora.com/Can-an-employer-blacklist-an-employee-on-NASSCOM)

Netraj Patel, Software Engineer (2013-present)Answered February 17, 2017

Blacklisting a candidate by an employer is just mean that the candidate will not be considered for their future opportunities.

It does not mean that your career will get spoiled, you can again work with other employer as earlier.

Most of the employer gives you clean report(Depends on the severity of action u did.) at the time of leaving their company and further verification did by other employers if any.

There are some verification agencies who maintain this data or collect this data from employers, so whenever you are blacklisted by an employer you may be listed with these agencies with respective report, again it depends on the action u did due to which your employer pushed you in blacklist.

Every employer performs some kind of verification of candidate from such agencies before joining the candidate to his organization, if the reason for your blacklisting by earlier employer is serious then the new employer may re-think of your job application.

(source:https://www.quora.com/How-can-I-know-if-I-have-been-blacklisted-by-my-last-employer)

Reasons for blacklisting a vendor

Three Situations :

• On-time failure : Failure to supply on time, affecting the business – In case of manufacturer,
• Low-Quality materials – Not in compliance with sample :
• Breach of Trust – When the breach of trust take place, be it terms & conditions, supply of.

Employment Laws on Blacklisting

Employers aren’t always satisfied with just firing workers; they occasionally set out to keep them from getting hired elsewhere. Trying to prevent someone from working again is blacklisting, as defined by XpertHR. The action is illegal in some states and punishable as either a crime, civil offense or both. Employers and recruiters don’t openly admit to maintaining blacklists. But the practice isn’t uncommon and applies to job candidates as well as ex-employees.

Employment Laws by State

Employment laws on blacklisting vary by state. But the overall rule is that intentionally preventing a person from getting hired is illegal. There are at least 29 states with blacklisting statutes, according to legal information provider Nolo.

States without actual blacklisting laws sometimes have agencies that investigate the practice. North Dakota and Virginia outlaw willful and malicious job obstruction. Maine’s law is more stringent: It specifies that an employer can be found guilty whether or not it intended to harm someone.

In Connecticut, Nevada and Oregon, conspiring or conniving with others to prevent an ex-employee from getting hired is illegal. New York, Oklahoma and Washington prohibit employers from publishing an HR blacklist database.

Signs of Blacklisting

If your job hunt is unusually difficult — especially in a good economy — this could be a sign of blacklisting. If you have highly sought-after skills but can’t seem to land a job interview, that, too, could be a sign of blacklisting. Another sign that you’ve been blacklisted is when you’ve come close to getting hired and then suddenly get rejected. The possible cause is an unfavorable reference from a former boss who has tipped off a prospective employer about your “undesirability” as an employee.

Causes of Blacklisting

Blackballed employees may face unemployment for years, regardless of the cause. Employers blacklist ex-employees for incompetence, insubordination, bad behavior or simply because they don’t like them. Recruiters blacklist job seekers for skipping interviews, failing background checks, inflating their qualifications and lying on resumes.

Possible Recourses

To determine what your former employer is saying about you, consider asking a friend in business to call your former employer requesting a job reference. Or you can hire an investigator or reference-checking agency to make inquiries with your previous boss to determine whether you’re being blacklisted.

If you find that you’ve been blacklisted, you may be able to sue for defamation or discrimination depending. You can file a blacklisting complaint with the federal Equal Employment Opportunity Commission if you think discrimination is involved.

If you’d like to mend fences, contact your ex-boss, if possible, or the prospective employer and ask for honest feedback on how you could have been a more desirable employee or job candidate. If all else fails, make a new start by switching careers or industries. (Source: ByChron ContributorUpdated January 20, 2021 https://work.chron.com/employment-laws-blacklisting-10369.html)

What happens when someone is blacklisted?

If someone is on a blacklist, they are seen by a government or other organization as being one of a number of people who cannot be trusted or who have done something wrong. … If someone is blacklisted by a government or organization, they are put on a blacklist.

What is the purpose of blacklisting?

Safety of Customer, Clients, Services Providers, Product Manufacturers, Shop, other people, government, organizations etc.

Why is it called blacklisted?

The term blacklist was first used in the early 1600s to describe a list of those who were under suspicion and thus not to be trusted, he explained

The agreement between the vendors ( pet care service providers, pet products sellers, manufacturers), and MUMgroom) are maintained on www.mumgroom.com marketplace platform, terms of commission, vendor membership etc. are subject to change, modify, based on MUMgroom terms of use. emails us at admin@mumgroom.com for any further clarification.

This is to inform that MUMgroom Pet Grooming Academy Follows all The Rules & Regulations Set By INKC

https://www.inkc.in/

https://www.inkc.in/grooming/

EMPLOYMENT CONTRACT

Terms & Conditions For all users, and MUMgroom.com Employees. of this website (subject to change, anytime with of without any prior notification, and/or information) the products, offers, categories, vendors, services, and other information separate policy, terms & conditions overrule, if mentioned or said.