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Terms & Conditions

Terms & Conditions

It is strongly recommended that you read and understand these ‘Terms of Use’ carefully, as by accessing this site (hereinafter the “MorningBhai.com a venture of ONECLICK ECOM PRIVATE LIMITED), you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). If you do not agree with this User Agreement, you should not use or access MorningBhai.com  for any purpose whatsoever.

This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on MorningBhai.com, each time you access and/or use MorningBhai.com ONECLICK ECOM PRIVATE LIMITED.

The terms ‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using MorningBhai.com ( a venture of ONECLICK ECOM PRIVATE LIMITED) at any point in time.


Services Overview

The Company does not provide any services to users other than providing MorningBhai.com  (a venture of ONECLICK ECOM PRIVATE LIMITED ) as a platform to transact at their own cost and risk, and other services as may be specifically be notified in writing. Services on MorningBhai.com are available to only select geographies in India, and are subject to restrictions based on business hours and days of third party sellers.

Transactions through MorningBhai.com may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charges at the stage of check-out for a transaction through MorningBhai.com 


Eligibility

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use/access MorningBhai.com .

However, if you are a minor, i.e. under the age of 18 years, you may use/access MorningBhai.com under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.

MorningBhai.com is intended to be a platform for end-consumers desirous of purchasing product(s) for domestic self-consumption. 

The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to MorningBhai.com, if: 

  • 1] it is discovered or brought to notice that you do not conform to the eligibility criteria, or 
  • 2] the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or 3] may breach the terms of this User Agreement.

License & Access

The Company grants you a limited sub-license to access and make personal use of MorningBhai.com, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company. Such limited sublicense does not include/permit any resale or commercial use of MorningBhai.com or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of MorningBhai.com or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. MorningBhai.com or any portion of MorningBhai.com may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MorningBhai.com or of the Company and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other “hidden texts”.

1. You shall protect all our Confidential Information (as defined below) from disclosing to the third party and shall hold the same in trust and strictest confidence and protect it against disclosure to any person in the same manner and with the same degree of care, but not less than a reasonable degree of care, which you would do to protect your own confidential information . You shall not access, store, modify or reproduce to writing our users data or other Confidential Information Further, you agree that you shall a) not use any such Confidential Information except solely for the purpose of this Program; b) not divulge any such Confidential Information to any third party without prior written approval of the Company; and c) not copy or reverse engineer any such Confidential Information or use /exploit such Confidential Information for your own benefit or the benefit of another.

2. You shall ensure that no disruption is caused to the production systems, degradation of user experience and destruction of data during security testing either by any automated security scanner, brute forcing, DOS attack, or rate limiting issue on non-sensitive endpoints, etc. Please note that through this Program the Company does not intend, in any manner, to create any joint venture, partnership or any other relation (unless expressly agreed in writing) with you;

3. If you inadvertently cause a privacy violation or disruption in the absence of any malicious intention (such as accessing account data, service configurations, or other confidential information) while investigating an issue, be sure to disclose this immediately in your communication with the Company.

4. You shall refrain from exploiting and/or proceeding with subsequent testing of a security issue you discover for any reason (including demonstrating additional risk etc).

5. You shall allow us 7 days to acknowledge your finding/report.

6. You shall not be allowed to disclose the vulnerability in the public channels before it gets fixed. Before publishing any write-up on your finding, you will have to first confirm with us in writing. We might ask you for a draft of your write-up as well for review before you intend to publish the same on the various public channels.

7. Appropriate legal recourse shall be taken if the identified vulnerabilities are exploited for unlawful gains or getting access to restricted customer or system information or impairing Company’s systems or Program guidelines are not followed or breach of the Confidential Information, also you shall not be eligible for our Program.

8. You shall not independently develop or have developed for itself, products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated under the Program. Such development shall be construed as a violation of the obligations of you under this Program.

9. You shall indemnify, defend and hold the Company harmless from and against any losses, costs, expenses, damages of whatsoever nature which may be incurred or suffered by the Company arising out of or as a result of any breach of Program (including negligence) or otherwise of any of your obligations contained herein.

10. All Confidential Information furnished to you by the Company shall remain the exclusive property of the Company and the Company shall have the sole and exclusive ownership of all right, title, and interest in and to the Confidential Information, including ownership of all copyrights, patents and trade secrets pertaining thereto, subject only to the rights and privileges expressly granted by the Company under the terms of this Program.

11. Promptly upon the Company’s request at any time, you shall return / cause to be returned to the Company all the Confidential Information, including all materials or documents, any copies, summaries and notes of the contents thereof (whether in hard or soft copy form) without limitation, all copies of any analyses, compilations, studies or other documents prepared by and/or for company, containing or reflecting any Confidential Information and give written certification accordingly.

12. You understand and acknowledge that any misappropriation or disclosure of any of the Confidential Information in violation of the confidentiality obligations will cause the Company grave and irreparable harm, loss and injury, the amount of which may be difficult to ascertain. You agree that the Company have the right to apply to a court of competent jurisdiction for specific performance and/ or an order restraining and enjoining any such further disclosure or breach and for such other relief as the Company shall deem appropriate, without posting or the need to post any bond or other security. Such right of the company to obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available to it, without the necessity of proving actual damages, shall be in addition to the remedies otherwise available to it at law. You expressly waive the defence that a remedy in damages will be adequate.

13. Nothing contained in this Program shall be construed to obligate the Company to disclose any information to you.

14. This Program shall be fully binding upon you.

15. The failure of the Company to insist upon or enforce strict performance of any of the provisions of this Program or to exercise any rights or remedies under this Program shall not be construed as a waiver or relinquishment to any extent of the company’s rights to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather the same shall remain in full force and effect.

16. This Program shall be governed by, construed and enforced in accordance with the laws of the Republic of India.

Definition

‘Confidential information’ shall mean all information supplied in confidence by the Company to you, which may be disclosed to you or otherwise acquired by you in its performance under this Program including:

1. All information which a reasonable person would consider confidential under the context of disclosure or due to the nature of the information itself, and shall include technical and non-technical information, intellectual property rights, know-how, designs, techniques, plans, procedure, improvement, technology or method, object code, source code, databases or any other information relating to the company’s product, work in progress, future development of the company’s products.

2. Marketing strategies, plans, financial information, projections, operations, sales estimates, business plans and performance results relating to the past, present or future business of the Company, plans for products or services, and customer or supplier lists;

3. The content, the technical documents and all information in relation to the Company’s product;

4. Terms of this Program;

5. Any information which is not freely available in the public domain; and

6. Any information which may be communicated by the Company to you.