Terms of Use

This is a legal agreement between you, the potential user (“You”) and Madhwam, its subsidiaries and its affiliates. These Terms of Use (“Terms”) governs the access or use by You, of the applications, websites, contents, products and services (“the Services”), being made available by Madhwam. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR SERVICES. Your access or use of Madhwam’s products, services, website located at URL: https://www.madhwam.com/ (“Site”), mobile site, mobile application (collectively called as “Platform”), is conditioned on your acceptance, without modification, of these Terms. If you do not agree to these Terms, you should not use the Services. You accept the Terms by using the Madhwam Services in any way. In this case, you understand and agree that Madhwam will consider your use of the Services as agreement to the Terms. The Terms include the provisions in this document, as well as those in the Privacy Policy and any additional terms that you agree to.

This website is owned by Ethnic Relations, situated at 15A/64, Ajmal Khan Road, Adjacent to Punjab Sweets, Block 5, WEA, Karol Bagh, Delhi - 110005, INDIA.

By using this Site, you acknowledge and confirm that:

These Terms are published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 under the Information Technology Act, 2000 which requires publishing the rules and regulations, privacy policy and user agreement for access or usage of Madhwam Platform.

These Terms are an electronic record in terms of Information Technology Act, 2000 and Rules thereunder as applicable and amended provisions pertaining to electronic records in various statutes under relevant Indian Laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

User Agreement

All references to "You" or "User", as applicable, shall mean any natural or legal person that accesses, uses or agrees to become a buyer by registering on the Platform as Registered User in order to avail the Services. The User can access the Site or the Platform in accordance with the terms and conditions as set out below. This Agreement/ Terms of Use are for an indefinite period. Madhwam (“Company”/ “We”/ "Us"/ "Our"), at its sole discretion, modify these Terms at any time, without any prior written notice to you. You shall ensure periodical review of these Terms for updates or changes. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes, and will be bound by them as is.

Eligibility

You represent, acknowledge and warrant that you are an individual of legal age, of at least 18 years, to form a binding contract. If you are under the age of 18 (Eighteen) years you have received your parent’s or guardian’s consent to these Terms on your behalf, to use the Services. We reserve the right to indefinitely refuse, suspend, terminate or block your access and use of our Services on our Platform through your registered account if it is brought to our notice or if it is discovered that you are under the age of 18 years and using our Platform without requisite permissions.

You represent, acknowledge and warrant that your use of the Services is not prohibited by applicable laws. We reserve the right to indefinitely refuse, suspend, terminate or block your access and use of our Services on our Platform through your registered account if it is brought to our notice or if it is discovered that your use or access of our Services or Platform is, in any manner, in contravention of applicable laws.

Charges

The Platform reserves the right to charge subscription and / or membership fee(s) in respect of any part or aspect of the Services, provided over the Platform, upon prior notice and also reserves the right to modify such charge(s)/ fee(s) from time to time towards existing and/ or newly introduced services, as the case may be. You are responsible for obtaining access to the service, and that access may involve third party fees (such as internet service provider or airtime charges, messages or data charges). You are responsible for the fee(s) associated with the display or delivery of ordered products. In addition, you are responsible for all equipment necessary to access the service. The Subscriptions are set to automatically renew, if applicable, unless and until you cancel the automatic renewal 7 days prior the next renewal date.

Further we enable online verification and authorization of payments through Payment services providers by payment gateways. All Credit Card, Debit Card, E-Wallet and Net Banking transactions are processed over a secured encrypted connection. So you can be rest assured about the mode of payment you choose.

The following Payment modes are available on the Website:

Credit Cards: Domestic and International Visa, Master Card and American Express
Debit Cards: Debit Cards of most of the major banks
UPI
Net banking
Wallets, Cash Cards, etc.
Cash on Delivery (if applicable): In this mode, the payment is made at the time of the delivery of your order. However, the COD facility is available only in India.
International Customers can pay via Cards or Paypal as applicable.

Intellectual Property Rights

Unless otherwise stated, all material(s) including but not limited to texts, audios, videos or graphical images, software, trademarks, logos, service marks, domain names and other intellectual property rights (“IPR”), as reflected/ affixed/ or contained within the Services, are the sole and exclusive property of Madhwam and as such protected under the copyright laws, trademark laws and other applicable laws. Any use by the User of IPR, without our permission, shall constitute infringement of our proprietary rights, which shall be vigorously prosecuted and pursued to the fullest extent permitted by law. Nothing contained in these Terms of Use, constitutes any permission/transfer/ license for our IPR or any part thereof, in the name of the User. Nothing under these Terms of Use gives you any rights, title, claim, interest or privilege on our intellectual property in your favour.

Limited License

Subject to the compliance with the Terms herein, Madhwam hereby grants you a personal, limited, non-exclusive, non-transferrable, freely revocable license to use Madhwam Services for the personal and non-commercial viewing and downloading the extracts this Site only. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You should not (whether directly or using any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from the Platform. Content on the Site or the Platform and / or Madhwam Services and/or products are being provided to you AS IS for your personal and non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or rented or otherwise exploited for any other purpose, without out prior consent.

Products and Pricing

Products:

Madhwam enables the sale of variety of products on its Platform. Each product on the Platform is sold subject to its product description. While Madhwam strives to provide accurate descriptions, pricing details and other information about the products appearing on the Platform, it is likely that certain typographical or other errors may appear on the Platform which may not always reflect the inaccurate position while you are placing the order. In such an event, Madhwam may, at its discretion, contact you for instructions or cancel your order and notify you of such cancellations.

Pricing:

The pricing information relating to the product shall be disclosed to you at the time of your purchase. Madhwam does not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without notice or any consequential liability to you. Madhwam will have the right to modify the price of the product and contact you for further instructions via the e-mail address provided by you at the time of registration or cancel the order and notify you of such cancellation. If Madhwam cancels the order after the payment has been processed, the entire amount will be remitted to your account from which the payment was made subject to banking protocols.

Individual Registration, Access, Use of Service and Exchange of Information

To access the Services of purchasing products from this Site, you are required to open an Account by completing the registration process (which means providing us correct, complete and accurate details as prompted in the registration form). You agree that each registration to access or use of our Services on the Platform is for a single individual user only. To access the service, you will be asked to enter your individual Username and Password. Therefore, we do not permit any of the following:

Any other person sharing your Username and Password.
Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Site as users.
Access through a single Username and Password being made available to multiple users on a network.

Upon registration, you shall be responsible for maintaining confidentiality of the password and the account including your personal details. You shall be responsible for ensuring that all such information/ details are always up to date on the Platform. You agree that if you provide any information that is untrue, inaccurate, not updated or incomplete or in case we have reasonable grounds to suspect that such information is untrue, inaccurate, not updated, incomplete, or not in accordance with these Terms of Use or the account has been misused, we shall have the right to indefinitely suspend or terminate or block your access rights immediately without notice and block user access from that IP address.

You shall be entirely responsible for all activities that occur under/ through your account. By registering, you agree to these Terms of Use in addition to any other specific terms which shall be posted at an appropriate location of the platform.

Therefore, in all such events where you allow others to have access to your account on the Platform for availing services or otherwise, you agree that they will be able to view and access your account information and you shall be solely liable and responsible for all the activities undertaken under your account and any consequences therefrom, which may occur as result of another party using your account. You also agree to immediately notify us of any unauthorized use of your account or any other breach of security and ensure that you exit from your account at the end of each session by signing off. The Company shall not be responsible for any unauthorized access or alteration of your account, transmissions of data, or any material or data sent or received or not sent or not received through the Site. You further agree that we shall not be liable for any loss or damage arising from your failure to comply with this Cause. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to the authorized or unauthorized use of your account. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. However, we will not be liable, if for any reason, the Site is unavailable at any time or for any period.

Hacking

You acknowledge that we are taking all reasonable precautions to ensure that all your personal information/ data stored on our platform is secure. However, you agree and accept that in case, inspite of all these precautions on our part, if there is any attack in the form of hacking, distribution denial of service attack (DDOS), etc., which results in your personal data on our platform being compromised, we shall not be liable to you for any such loss or damage caused by any technologically harmful material such as viruses or a DDOS or otherwise. In all such cases, you agree to indemnify us from all losses or damage caused to you resulting from such attacks.

We shall not be held liable for any loss or damage that may affect your computer, computer equipment, programmes, or any other material as a result of downloading material from our website or our platform, or any of the sites we link to or link to us.

Shipping and Delivery

We endeavor to deliver our orders across India, covering most postal pin codes via our courier partners. The processing and dispatching an Order usually take up to 48 hours from such time the Order is first placed. The date of delivery shall depend on your Pin/Zip code. Orders once confirmed cannot be edited. However, we may accept requests for address change within 12 hours of placing the order, provided such requests are made via email at Info@madhwam.com.

In case you order products from our Platform for delivery outside India, additional import duties and taxes may be imposed (including separate import duties and taxes levied after the delivery reaches the specified destination). You will be responsible for payment of any such import duties and taxes, as applicable. We agree that we do not have any control over these charges and cannot predict their amount.

For further details relating to shipping and delivery including duties and taxes for international shipping, please refer to our Shipping and Delivery Policy.

Disclaimer of Warranties

All the contents of the Site are only for general information or use. You understand and agree that your use of the Services is at your sole risk and that the services are provided "as is" and "as available". In particular, Madhwam, its subsidiaries and affiliates, and its licensors or suppliers do not make any representations or warranties of any kind, express or implied, including without limitation that your use of the Services will meet your requirements; or will be uninterrupted, secure, timely or free from error; or any information obtained by you will be complete, reliable, legal or accurate.

We reserve the right to disclosure of any personal information about you and your use of the Site including its contents, without your prior permission if we have a good faith belief that such action is necessary to:

conform to legal requirements or comply with legal process.
protect and defend our rights or property and those of our affiliated companies.
enforce the terms of use; or
act to protect the interest of our members or others.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our rights to comply with governmental, court and law enforcement requests or requirement relating to your use of the Site or services or information provided to or gathered by us with respect to such use.

Third Party Content

Certain links on the Site, including our other online platforms, lead to resources located on servers maintained by third parties over whom we have no control or connection with business or otherwise. You agree and understand that by visiting such external websites you are out of the Site and are no longer using the Services. We have not reviewed these external websites and are not responsible for their content or availability. You acknowledge that we are providing these links only as a matter of convenience. If You decide to access any of the third-party websites linked to the Services, you do so entirely at Your own risk. Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon. We, therefore, neither endorse nor offer any judgment or warranty nor accept any responsibility or liability for any damage, loss, or harm (direct or