All in one supermall is deal with all over service
Welcome to ALL IN ONE SUPER MALL (Terms & Conditions).
These terms and
conditions (“Terms”) govern the use of se1rvices made available on or through All
In One Super Mall and/or All In One Super Mall mobile app (collectively, the
“Platform”, and together with the services made available on or through the
Platform, “Services”). These Terms also include our privacy policy, available
at www. All In One Super Mall /privacy-policy (“Privacy Policy”), a any
guidelines, additional, or supplemental terms, policies, and disclaimers made
available or issued by us from time to time (“Suppleme Terms”). The Privacy
Policy and the Supplemental Terms form an integral part of these Terms. In the
event of a conflict between these Te and the Supplemental Terms with respect to
applicable Services, the Supplemental Terms will prevail.
The Terms
constitute a binding and enforceable legal contract between All In One Super Mall
(a company incorpora under the Companies Act, 2013 with its registered address
at Kundan Nagar near New Water Tank Naurangabad Aligarh(Uttar Pradesh) INDIA
and its principal place business at 416, Kundan Nagar Near New Water Tank
Naurangabad Aligarh(Uttar Pradesh) INDIA and its affiliates (“All In One Super Mall”,
“we”, “us”, or “our”), and you, a user of Services, or any legal entity that
books Pro Services (defined below) on behalf of end-users (“you” or
“Customer”). By using the Services, represent and warrant that you have full
legal capacity and authority to agree to and bind yourself to these Terms. If
you represent any ot person, you confirm and represent that you have the
necessary power and authority to bind All In One Super Mall person to these
Terms.
By using the
Services, you agree that you have read, understood, and are bound by, these
Terms. as amended from time to time, and that will comply with the requirements
listed here. These Terms expressly supersede any prior written agreements with
you. If you do not agree these Terms, or comply with the requirements listed
here, please do not use the Services.
1. SERVICES
(a) The Services
include the provision of the Platform that enables you to arrange and schedule
different home-based services w independent third-party service providers of
those services (“Service Professionals”). As a part of the ALL IN ONE SUPER
MALL the tran of payments to Service Professionals for the services they render
to you and collects payments on behalf of All In One Super Mall Service
Professionals.
(b) The services
rendered by Service Professionals are referred to as “Pro Services”. The term
“Services”doesnotinclude the Pro Services. does not provide the Pro Services
and is not responsible their provision. Service Professionals are solely liable
and responsible for the Services that they offer or otherwise provide through
the Platform. All In One Super Mall and its affiliatesdonotemploy Service
Professionals, nor are Serv Professionals agents, contractors, or partners of All In One Super Mall
or its affiliates. Service Professionals do not have the ability to bind
or represent ALL IN ONE SUPER MALL.
(c) The Platform is
for your personal and non-commercial use only, unless otherwise agreed upon on
in accordance with the terms o separate agreement. Please note that the
Platform is intended for use only within India. You agree that in the event you
avail the Serv or Pro Services from a legal jurisdiction other than the
territory of India, you will be deemed to have accepted the ALL IN ONE SUPER
MALL terms a conditions applicable to that jurisdiction.
(d) The Services
are made available under various brands owned by or otherwise licensed ALL IN
ONE SUPER MALL and its affiliates.
(e) A key part of
the Services is ALL IN ONE SUPER MALL’s ability to send you text messages,
electronic mails, or WhatsApp messages, including in connection w your
bookings, your utilisation of the Services, or as a part of its promotional and
marketing strategies. While you may opt out of receiv these text messages by
contacting ALL IN ONE SUPER MALL at privacy@ ALL IN ONE SUPER MALL or through the
in-Platform settings , you agree and acknowled that this may impact ALL IN ONE
SUPER MALL ability to provide the Services (or a part of the Services) to you.
(f) In certain
instances, you may be required to furnish identification proof to avail the
Services or the Pro Services, and hereby agree to so. A failure to comply with
this request may result in your inability to use the Services or Pro Services.
(g) ALL IN ONE
SUPER MALL Credits:
• ALL IN ONE SUPER
MALL may, in its sole discretion, offer promotional codes that may be redeemed
for credits, other features or benefits related to Services, and/or Pro
Services, subject to any additional terms that may apply on a promotional code
(“ALL IN ONE SUPER MALL Credits”).
• You agree that
(i) you shall use ALL IN ONE SUPER MALL Credits in a lawful manner, and only
for the purposes specified by ALL IN ONE SUPER MALL Credits, (ii) you s not
duplicate, sell, or transfer the ALL IN ONE SUPER MALL Credits in any manner
(including by posting ALL IN ONE SUPER MALL codes on a public forum) unless you
have U express prior consent to do so, (iii) ALL IN ONE SUPER MALL Credits may
be disabled by ALL IN ONE SUPER MALL at any time for any reason without any
liability to you, (iv) Credits are not valid for cash, and (v) Credits may
expire prior to your use.
• ALL IN ONE SUPER
MALL may, at its sole discretion, provide only certain users with ALL IN ONE
SUPER MALL Credits that may result in different amounts charged for the same or
similar services obtained by other users.
• ALL IN ONE SUPER
MALL reserves the right to withhold or ded ALL IN ONE SUPER MALL credits or other features or
benefits obtained through the use of ALL IN ONE SUPER MALL Credits, by you any
other user, if ALL IN ONE SUPER MALL reasonably determines or believes that the
use or redemption of the ALL IN ONE SUPER MALL Credits was in error,
fraudulent, ille or in violation of the applicable ALL IN ONE SUPER MALL Credit
terms or these Terms.
2. ACCOUNT CREATION
(a) To avail the
Services, you will be required to create an account on the Platform
(“Account”). For this Account, you may be required furnish certain details,
including but not limited to your phone number. To create an Account, you must
be at least 18 years of age.
(b) You warrant
that all information furnished in connection with your Account is and shall
remain accurate and true. You agree to prom update your details on the Platform
in the event of any change to or modification of this information.
(c) You are solely
responsible for maintaining the security and confidentiality of your Account
and agree to immediately notify us of disclosure or unauthorized use of your
Account or any other breach of security with respect to your Account
(d) You are liable
and accountable for all activities that take place through your Account,
including activities performed by persons ot than you. We shall not be liable
for any unauthorised access to your Account.
(e) You agree to
receive communications from us regarding (i) requests for payments, (ii)
information about us and the Services, promotional offers and services from us
and our third party partners, and (iv) any other matter in relation to the
Services.
3. USER CONTENT
(a) Our Platform
may contain interactive features or services that allow users who have created
an account with us to post, upload, pub display, transmit, or submit comments,
reviews, suggestions, feedback, ideas, or other content on or through the
Platform (“U Content”).
(b) As part of the
effective provision of the Services and quality control purposes, we may
request reviews from you about Serv Professionals and you agree and acknowledge
that Service Professionals may provide reviews about you to us. You must not
knowin provide false, inaccurate, or misleading information in respect of the
reviews. Reviews will be used by us for quality control purposes and determine
whether Customers and Service Professionals are appropriate users of the Platform.
If we determine at our sole discretion t you are not an appropriate user, we
reserve the right to cancel your registration and remove you from our Platform.
(c) You grant us a
non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable,
and royalty-free licence to (i) use, pub display, store, host, transfer,
process, communicate, distribute, make available, modify, adapt, translate, and
create derivative works the User Content, for the functioning of, and in
connection with, the Services and (ii) use User Content for the limited
purposes advertising and promoting the Services, or furnishing evidence before
a court or authority of competent jurisdiction under applica laws.
(d) In connection
with these Terms and the licences granted under this clause, you hereby waive
any claims arising out of any moral right other similar rights relating to the
User Content.
(e) You agree and
acknowledge that ALL IN ONE SUPER MALL may, without notice to you, remove, or
otherwise restrict access to User Content that, in its s discretion, violates
these Terms.
4. CONSENT TO USE DATA
(a) You agree that
we may, in accordance with our Privacy Policy, collect and use your personal
data. The Privacy Policy is available www. ALL IN ONE SUPER MALL.com/privacy-policyand
it explains the categories of personal data that we collect or otherwise proc
about you and the manner in which we process ALL IN ONE SUPER MALL data.
(b) In addition to
any consent you may provide pursuant to the Privacy Policy, you hereby consent
to us sharing your information w ouraffiliatesor other third party service
providers.We may use information and data pertaining to your use of the
Services for provision the Services, analytics, trend identification, and
purposes of statistics to further enhance the effectiveness and efficiency of
our Servic and provision of beneficial schemes, new offers, and for experience
enhancement.
(c) Subject to
applicable laws, we may be directed by law enforcement agencies or the
government and related bodies to disclose dat relation to you in connection
with criminal or civil proceedings. You understand and agree that in ALL IN ONE
SUPER MALL instances we shall have the
righ share ALL IN ONE SUPER MALL data with relevant agencies or bodies.
5. BOOKINGS
(a) Orders: The
Platform permits you to request various Pro Services at a time of your choosing
based on available slots. To make a book you should follow the instr ALL IN ONE
SUPER MALL on the Platform and provide necessary information. We use reasonable
efforts to enable you to fin Service Professional who is able to provide that
service at the requested time. If, in the unlikely event we cannot find a Service
Professio for the specific timeslot, we will contact you to find an alternative
time.
(b) Confirmation:
Once you place a request we will provide confirmation of the booking via SMS,
email or a push notification. Once y booking has been confirmed, you will be
required to make the payment in accordance with these Terms or as indicated on
the Platfo Once a Service Professional has been identified for the requested
Pro Services, you shall receive confirmation in App or via SMS, email push
notification
(c) Cancellations:
Bookings that are cancelled before confirmation on the Platform will not be
charged. ALL IN ONE SUPER MALL’s cancellation policy sets applicable
cancellation fees.
(d) Substitution:
In case of the unavailability of, or cancellation by a selected Service
Professional, we will offer you a substitute of the Serv Professional from
among our registered Service Professionals.
6. PRICING, FEES, AND PAYMENT TERMS
(a) ALL IN ONE
SUPER MALL reserves the right to charge you for the different Services you may
avail and/or for any other facilities you may opt for, from time time, on or
via the Platform.
(b) Charges and
Fees in respect of Pro Services:
• In respect of Pro
Services that you seek to avail through the Platform, you shall be required to
pay Service Professionals the amo indicated at the time of booking as well as
amounts towards (a) any additional Pro Services you may avail, (b) out of poc
expenses incurred by the Service Professional, and (c) expenses arising out of
the purchase of goods required or utilised for performance of the Pro Service
(“Charges”). In addition to the Charges payable to Service Professionals
ALL IN ONE SUPER
MALL reserves the righ charge you a
convenience fee for facilitating the booking and transferring payments to the
Service Professional (this fee is refer to as “Fees”). You acknowledge that the
final bill you receive may include additional charges, including without
limitation, a saf fee, warranty fee, insurance fee, or Service Professional
welfare fee.
• ALL IN ONE SUPER
MALL shall notify you of the applicable Charges, Fees, and payment methods at
the time of booking. Generally, you may m payments for Pro Services through
credit cards, debit cards, net banking, wallets, UPI or cash upon completion of
the Pro Service. have the right to modify and otherwise restrict the modes of
payment available to you. You acknowledge that certain paym methods ALL IN ONE
SUPER MALL as cash upon completion may not always be available to you as a
payment method. For the avoidance of doub the event you pay through the method
of ‘cash upon completion’, you acknowledge that you will be required to pay
both Char and Fees to the Service Professional.
• The Charges and
Fees may be payable at the time of making a booking, or upon the completion of
the Pro Service, as specified ALL IN ONE SUPER MALL.
• For the avoidance
of doubt, please note that the Charges are payable to Service Professionals,
and ALL IN ONE SUPER MALL acts as a limited collect agent on behalf of ALL IN
ONE SUPER MALL Service Professionals to collect and transfer amounts due to
them.
• Taxes: All
Charges and Fees are inclusive of applicable taxes.
ALL IN ONE SUPER
MALL reserves the right to reasonably amend the Charges and Fees at any time at
its sole discretion. A change in Fees shall not imp any bookings that have been
confirmed before the publication of the revised Fees on the Platform.
• Charges and Fees
that you pay are final and non-refundable, unless otherwise determined by ALL
IN ONE SUPER MALL or required by the applicable la under certain laws, you may
be entitled to a refund or other remedies for a failure in the provision of the
Services.
• You acknowledge
and agree that Charges and Fees applicable in certain geographical areas may
increase substantially du times of high demand. ALL IN ONE SUPER MALL will use
reasonable efforts to inform you of the Charges and Fees that may apply.
However, by using Pro Services or Services, you will be responsible for the
Charges and Fees incurred under your Account regardless of your awaren of ALL
IN ONE SUPER MALL Charges or Fees.
(c) Payment
Processors: We may use a third-party payment processor (“Payment Processor”) to
bill you through your selected mode payment. The processing of payments will be
subject to the terms and policies of ALL IN ONE SUPER MALL Payment Processor in
addition to these Terms. shall not be liable for any error of the Payment
Processor. In the event of any uns ALL IN ONE SUPER MALL payment, the money
debited shall be credi in accordance with the terms of the Payment Processor
(d) Cancellation:
You may elect to cancel your request for services from a Service Professional
at any time prior to ALL IN ONE SUPER MALL Service Profession arrival, in which
case you may be charged a cancellation fee in accordance with ALL IN ONE SUPER
MALL’s cancellation policy. ALL IN ONE SUPER MALL reserves the right to cha
you, or otherwise ded ALL IN ONE SUPER MALL applicable taxes in respect of ALL
IN ONE SUPER MALL cancellation fee.
(e) Subscriptions: ALL
IN ONE SUPER MALL may from time to time offer subscription packages (howsoever
named) for monetary consideration. The packages s provide Customers with
additional benefits, which may include the ability to avail discounted Pro
Services. You agree that subscript packages (howsoever named) shall be subject
to additional terms and conditions. You acknowledge that ALL IN ONE SUPER MALL subscription
packages be subject to additional terms and conditions that will be deemed to
be an integral part of these Terms.
(f) ALL IN ONE
SUPER MALL does not designate any portion of your payment as a tip or gratuity
to the Service Professional. Any representation by ALL IN ONE SUPER MALL to the
eff that tipping is “voluntary”, “not required”, and/or “included” in the
payments you make for Pro Services is not intended to suggest that provides any
additional payments to Service Professionals. You understand and agree that
while you are free to provide additio payment as a gratuity to any Service
Professional who provides you with Pro Services, you are under no obligation to
do so. Gratuities voluntary.
7. CUSTOMER CONDUCT
(a) ALL IN ONE
SUPER MALL prohibits discrimination against Service Professionals, including on
the basis of race, religion, caste, national origin, disability, sex
orientation, sex, marital status, gender identity, age, or any other
characteristic that may be protected under applicable law. S discrimination
includes but is not limited to any refusal to accept Pro Services based on any
of these characteristics.
(b) We request that
you treat all Service Professionals with courtesy and respect, and that you
provide them with a safe, clean, a appropriate location to perform the Pro
Services. Service Professionals shall be entitled to refuse to perform Pro
Services if you haveprovided a safe, clean, and appropriate location for them,
or you behave towards them in a manner which is discourteous, disrespect
abusive, or otherwise inappropriate. We reserve the right to withhold access to
the Services and otherwise limit your access to Pro Serve at our absolute
discretion if you behave towards any Service Professional in a manner which is
discourteous, disrespectful, or abusive which we otherwise deem to be
inappropriate or unlawful.
(c) You agree that
you will be liable for discriminating against Service Professionals or for any
failure, intentional or otherwise, to provide Service Professionals a safe,
clean, and appropriate location for them to perform the Pro Services.
Additionally, you will also disclose and all information that may have a
bearing on the ability of the Service Professional to perform the Pro Services
or impact the Serv Professional’s health, safety, or well-being, to ALL IN ONE
SUPER MALL and the Service Professional.
(d) You agree that
in the event a Service Professional behaves in a manner that is discourteous,
disrespectful, abusive, inappropriate, o violation of the law, you shall be
required to report ALL IN ONE SUPER MALL incident to grievanceofficer@ ALL IN ONE SUPER
MALL.com at the earliest but in any ev within 48 (forty eight) hours of ALL IN
ONE SUPER MALL incident.
8. THIRD PARTY SERVICES
(a) The Platform
may include services, content, documents, and information owned by, licensed
to, or otherwise made available by, a t party (“Third Party Services”) and
contain links to Third Party Services. You understand and acknowledge that
Third Party Services are sole responsibility of the third party that created or
provided it and that use of ALL IN ONE SUPER MALL Third Party Services is
solely at your own risk.
(b) We make no
representations and exclude all warranties and liabilities arising out of or
pertaining to ALL IN ONE SUPER MALL Third Party Services, includ their accuracy
or completeness. Should you avail a Third Party Service, you shall be governed
and bound by the terms and conditions a privacy policy of the third parties
providing the Third Party Services. Further, all intellectual property rights
in and to Third Party Service are the property of the respective third parties.
9. YOUR RESPONSIBILITIES
(a) You represent
and warrant that all information that you provide in relation to the Services
and Pro Services is complete, true, and corr on the date of agreeing to these
Terms and shall continue to be complete, true, and correct while you avail the
Services and/or the Services. Should any information that you provide change
during the existence of these Terms, you undertake to immediately bring s
change to our notice. We do not accept any responsibility or liability for any
loss or damage that you may suffer or incur if information, documentation,
material, or data, provided to avail the Services is incorrect, incomplete,
inaccurate, or misleading or if fail to disclose any material fact.
(b) You shall
extend all cooperation to us in our defense of any proceedings that may be
initiated against us due to a breach of y obligations or covenants under these
Terms.
(c) In respect of
the User Content, you represent and warrant that:
• You own all
intellectual property rights (or have obtained all necessary permissions) to
provide User Content and to grant licences under these Terms;
You are solely
responsible for all activities that occur on or through your account on the
Platform and all User Content;
• The User Content
does not and shall not violate any of your obligations or responsibilities
under other agreements;
• The User Content
does not and shall not violate, infringe, or misappropriate any intellectual
property right or other proprietary r including the right of publicity or
privacy of any person or entity;
• The User Content
does not and shall not contain any viruses, corrupted data, or other harmful,
disruptive, or ALL IN ONE SUPER MALL files content;
• The User Content
does not and shall not violate any third party rights; and
• the User Content
(A) does not belong to any other person to which you do not have any right, (B)
does not threaten the un integrity, defence, security or sovereignty of India,
friendly relations with foreign states, public order, cause incitement to
commission of any cognisable offence, prevents investigation of any offence, or
is insulting another nation, (C) is not defamat grossly harmful, blasphemous,
paedophilic, invasive of another’s privacy, discriminatory based on gender,
ethnically objectiona disparaging, relating to, or encouraging money laundering
or gambling, libellous, hateful, racist, violent, obscene, pornograp unlawful,
harmful to children, or (D) otherwise offensive, objectionable, or restricts,
or inhibits, any other person from using enjoying the Services.
• You shall not use
the Services in any manner except as expressly permitted in these Terms.
Without limiting the generality of preceding sentence, you shall not:
• infringe any
proprietary rights, including but not limited to copyrights, patents,
trademarks, or trade secrets of any party;
• except as may be
provided hereunder, copy, display, distribute, modify, publish, reprod ALL IN
ONE SUPER MALL, store, transmit, post, translate, cre any derivative works from
or license the Services;
• use the Services
to transmit any data, or send or upload any material that contains viruses,
Trojan horses, worms, timebom keystroke loggers, spyware, adware, or any other
harmful programmes, or similar computer code, designed to adversely affect
operation of an comp ter soft are or hard areoperation of any computer software
or hardware;
• use any robot,
spider, other automated device, or manual process to monitor or copy the
Services or any portion thereof;
• Engage in the
systematic retrieval of content from the Services to create or compile,
directly or indirectly, a collection, compilat database, or directory;
• Use the Services
in (A) any unlawful manner, (B) for fraudulent or malicious activities or (C)
in any manner inconsistent with th Terms;
• Decompile,
reverse engineer, or disassemble the Services;
• Link to, mirror,
or frame, any portion of all or any of the Services; or
• Violate
applicable laws in any manner.
(e) You warrant
that you shall not engage in any activity that interferes with or disrupts the
Services.
(f) You shall not
attempt to gain unauthorized access to any portion or feature of the Services,
any other systems or networks connected the Services, to any of our servers, or
through the Platform by hacking, password mining, or any other illegitimate
means.
(g) You shall not
directly or indirectly, in any capacity, solicit, attempt to influence, engage,
approach, or accept or encourage solicitations or approach of, a Service
Professional from whom you have availed Pro Services, to either terminate or
otherwise cease t registration on or engagement with the Platform, or avail
services the same as or similar to the Pro Services independently, with booking
the Pro Services through your Account. You agree that this limitation is
reasonable and fair and is necessary for the protection the privacy and
security of Service Professionals and that this will not preclude you from
obtaining services the same as or similar to Pro Services through the Platform
or other means. You further agree that any potential harm to Service Professionals
from the n enforcement of this clause far outweighs any potential harm to you.
10. OUR INTELLECTUAL PROPERTY
(a) All rights,
titles, and interest in, and to the Services, including all intellectual
property rights arising out of the Services, are owned by otherwise licensed to
us. Subject to compliance with these Terms, we grant you a non-exclusive,
non-transferable, non-sub licensa revocable, and limited licence to use the
Services in accordance with these Terms and our written instr ALL IN ONE SUPER
MALL issued from time to tiAny rights not expressly granted herein are reserved
by ALL IN ONE SUPER MALL or ALL IN ONE SUPER MALL’s licensors.
(b) We may request
you to submit suggestions and other feedback, including bug reports, relating
to the Services from time to t (“Feedback”). We may freely use, copy, disclose,
publish, display, distribute, and exploit the Feedback we receive from you
without payment of royalty, acknowledgement, prior consent, or any other form
of restriction arising out of your intellectual property rights.
(c) Except as
expressly stated in these Terms, nothing in these Terms should be construed as
conferring any right in, or licence to, our or third party’s intellectual
property rights.
11. TERM AND TERMINATION
(a) These Terms
shall remain in effect unless terminated in accordance with the terms
hereunder. (b) We may restrict, deactivate, or terminate your access to, or use
of, the Services, or any portion thereof, (i) immediately and at any po at our
sole discretion, (A) if you violate or breach any of the obligations,
responsibilities, or covenants under these Terms, (B) when cease to become a
user of our Services, (C) you do not, or are likely not to qualify under
applicable law, or the standards and policies of or its affiliates, to access
and use the Services, or (D) violate or breach the Community Guidelines, (ii)
upon 30 (Thirty) days’ prior writ notice to you, or (iii) immediately for any
legitimate business, legal, or regulatory reason.
(c) You may
terminate these Terms, at any time, for any reason by sending a notice to ALL
IN ONE SUPER MALL at privacy@ ALL IN ONE SUPER MALL.com
(d) Upon
termination of these Terms:
(i) The Account
will expire;
(ii) The Services
will “time-out”; and
(iii) These Terms
shall terminate, except for those clauses that are expressly, or by
implication, intended to survive termination or expire
12. DISCLAIMERS AND WARRANTIES
(a) The Services
are provided on an “as is” basis without warranty of any kind, express,
implied, statutory or otherwise, including with limitation the implied
warranties of title, non-infringement, merchantability, or fitness for a
particular purpose. Without limiting foregoing, we make no warranty that the
Services will meet your requirements or expectations.
(b) No advice or
information, whether oral or written, obtained by you from us shall create any
warranty that is not expressly stated inthe Terms.
(c) While ALL IN
ONE SUPER MALL strives to provide accurate information about Pro Services and
Charges, pricing errors may occur from time to time.
(d) You agree and
acknowledge that we are merely a Platform that connects you with Service
Professionals, and we shall not be liable in manner for any obligations that
have not been explicitly stated in these Terms. We are not liable or
responsible for fulfillment of bookings, for the performance of the Pro
Services by any Service Professional, or for any acts or omissions of the
Service Profession during their provision of the Pro Services including any
damage they may cause to property. By booking Pro Services through the Plato
you are entering into a contract with the relevant Service Provider for the
provision of those services, and we accept no responsibility liability, nor do
we make any warranty, representation, or guarantee in respect of the Service
Professional’s performance under t contract.
(e) You agree and
acknowledge that soliciting or receiving services from any Service Professional
independently is solely at your own and in ALL IN ONE SUPER MALL an event, you
waive any rights that you may have under these Terms.
(f) We do not
guarantee or warrant and we make no representation whatsoever regarding the
reliability, quality, or suitability of the Serv Professionals.
(g) You hereby
accept full responsibility for any consequences that may arise from your use of
the Services and Pro Services, and expre agree and acknowledge that we shall
have absolutely no liability in this regard.
(h) ALL IN ONE
SUPER MALL will maintain a complaints management framework and will manage this
framework on behalf of Service Professionals i reasonable manner and in
accordance with the non-excludable requirements of relevant applicable laws.
(i) To the fullest
extent permissible by law, we, our affiliates, and our related parties, each
disclaim all liability for any loss or damage aris out of, or due to:
• Your use of,
inability to use, or availability or unavailability of the Services or the Pro
Services;
(ii) The occurrence
or existence of any defect, interruption, or delays, in the operation or
transmission of information to, from, or thro the Services, communications
failure, theft, destr ALL IN ONE SUPER MALL, or unauthorised access to our
records, programmes, services, servers other ALL IN ONE SUPER MALL relating to the
Services;
(iii) The failure
of the Services to remain operational for any period of time; and
(iv) The loss of
any User Content and any other data in connection with your use of the
Services.
(j) In no event
shall ALL IN ONE SUPER MALL, its officers, directors, and employees, or its
contractors, agents, licensors, partners, orsuppliers,be liable to you any
direct, special, indirect, incidental, consequential, punitive, reliance, or
exemplary damages (including without limitation, lost busin opportunities, lost
revenues, or loss of anticipated profits or any other pecuniary or
non-pecuniary loss or damage of any nat whatsoever, including but not limited
to any abuse or breach of data), even if ALL IN ONE SUPER MALL or an authorised
representative had been advised of possibility of ALL IN ONE SUPER MALL damages,
arising out of, or relating to (A) these Terms, (B) the Services or the Pro
Services, (C) your use or inability to the Services or the Pro Services, or (D)
any other interactions with another user of the Services.
(k) To the maximum
extent permitted by law, our liability shall be limited to the amount of
commission we receive in respect of a partic booking made on the Platform. In
no event shall our total liability to you in connection with these Terms exceed
INR 10,000 (Rupees Thousand).
(l) Nothing in these
Terms will exclude or limit any warranty implied by law that it would be
unlawful to exclude or limit.
13. INDEMNITY
You shall
indemnify, defend at our option, and hold us, our parent companies,
subsidiaries, affiliates, and our officers, employees, direct agents, and
representatives, harmless from and against any claim, demand, lawsuits,
judicial proceeding, losses, liabilities, damages, and co (including, without
limitation, all damages, liabilities, settlements, and attorneys’ fees), due to
or arising out of your access to the Services or Services, use of the Services
or Pro Services, violation of these Terms, or any violation of these Terms by
any third party who may use y Account.
14. JURISDICTION, GOVERNING LAWS, AND
DISPUTE RESOLUTION
(a) These Terms
shall be governed by and construed and enforced in accordance with the laws of
India. Subject to other provisions in clause, courts in New Delhi shall have
exclusive jurisdiction over all issues arising out of these Terms or the use of
the Services.
(b) Any
controversies, conflicts, disputes, or differences, arising out of these Terms
shall be resolved by arbitration in New Delhi in accorda with the Arbitration
and Conciliation Act, 1996 for the time being in force, which is deemed to be
incorporated by reference in this cla The tribunal shall consist of 1 (One)
arbitrator appointed by ALL IN ONE SUPER MALL. The language of the arbitration
shall be English. The parties to arbitration shall keep the arbitration
confidential, and not disclose to any person, other than on a need to know
basis, or to legal advis unless required to do so by law. The decision of the
arbitrator shall be final and binding on all the parties thereto. Each party to
arbitration shall bear its own costs with respect to any dispute.
15. GRIEVANCE REDRESSAL
(a) You may contact
our designated Grievance Redressal Officer with any complaints or queries
relating to the Services or these Terms through registered post or through
email, details of which are provided below:
Name:
Praveen Pratap
Singh
Designation:
Email Address support@allinonesupermall.com
(b) We shall ensure
that your complaint is resolved within timelines prescribed by applicable laws.
16. MISCELLANEOUS PROVISIONS
(a) Changes to
Terms: The Terms are subject to revisions at any time, as determined by us, and
all changes are effective immediately u being posted on the Platform. It is
your responsibility to review these Terms periodically for any updates or
changes. You will be deemed have accepted the changes made to these Terms if
you continue to use the Platform once it has been posted.
(b) Modification to
the Services: We reserve the right at any time to add, modify, or discontinue,
temporarily or permanently, the Services any part thereof), with or without
cause. We shall not be liable for any ALL IN ONE SUPER MALL addition,
modification, suspension, or discontinuation of Services.
(c) Severability:
If any provision of these Terms is determined by any court or other competent
authority to be unlawful or unenforceable, other provisions of these Terms will
continue to be in effect. If any unlawful or unenforceable provision would be
lawful or enforceable part of it were deleted, that part will be deemed to be
deleted, and the rest of the provision will continue in effect (unless that wo
contradict the clear intention of the clause, in which case the entirety of the
relevant provision will be deemed to be deleted).
(d) Assignment: You
shall not license, sell, transfer, or assign your rights, obligations, or
covenants under these Terms, or your Account in manner without our prior
written consent. We may grant or withhold this consent at our sole discretion,
subject to any conditions deem appropriate. We may assign our rights to any of
our affiliates, subsidiaries, or parent companies, any ALL IN ONE SUPER MALL in
interest of business associated with the Services, or any third party without
any prior notice to you.
(e) Notices: All
notices, requests, demands, and determinations for us under these Terms (other
than routine operational communicatio shall be sent to legal support@allinonesupermall.com
(f) Third Party
Rights: No third party shall have any rights to enforce any terms contained
herein.
(g) Force Majeure:
We shall have no liability to you if we are prevented from or delayed in
performing our obligations, or from carrying on business, by acts, events,
omissions, or accidents beyond our reasonable control, including without
limitation, strikes, failure of a ut service or telecommunications network, act
of God, war, riot, civil commotion, malicious damage, or compliance with any
law governmental order, rule, regulation, or direction.