Terms & Conditions

Welcome to our mobile application and/or our website. These terms and conditions of use ("Terms of Use") of the Maligai website and app, is a legal agreement ("Agreement") between Maligai ("Maligai"), 2/67, 8th Street, Raghava Nagar, Moovarasampet, Madipakkam, Chennai - 600091, India. If you continue to browse the website and/or use the mobile application you are agreeing to comply with and be bound by the Terms of Use.

If you do not agree with the Terms of Use, please do not access and use this Website / Application or our Service through all other means.

1. Definitions

  • "Maligai", "we", "our" and "us" shall mean Maligai Services.
  • "You", yourself/yourselves and "your" shall mean a User, who meets the eligibility criteria set out below.
  • "Application" shall mean the application supplied by Maligai and downloaded and installed by you on your single mobile device (smart phone).
  • "Force Majeure" shall have the meaning as set out in the Limitation of Liability section.
  • "Service" or "Services" shall mean the service of providing products via the Application/Website.
  • "User" or "Users" shall have the meaning as set out in the User Eligibility section.
  • "Website" shall mean the website maligai.co.in.

These Terms of Use may be modified from time to time in our sole discretion. It is your responsibility to review these Terms and Conditions from time to time. If you continue to use the Service after notice of change has been intimated or published on our Website/Application, you thereby provide your consent to the changed practices on the same terms hereof.

2. Services Description

Maligai Services Private Limited operates a technology based electronic platform service called "Maligai" which seeks to provide food, cosmetics and all other products on-demand to customers.

Maligai enables the ordering and delivery of food, cosmetics and all other products through the Application and through the Website. The Service is designed to offer you information and a means of obtaining products and grocery items.

3. Use of Service, Application and Website

The Application and the Website allows you to browse and order products. Maligai has sole and complete discretion to accept or reject each request for providing the Service. Maligai also has sole and complete discretion over whether to use the Application/Website to receive the orders generated through the Application/Website.

Maligai shall undertake commercially reasonable efforts to fulfill your order, subject to the availability of products at the moment of your request for the Services.

4. User Eligibility and Agreement

User means any individual or business entity/organization that legally operates and uses and has the right to use the Services provided by Maligai. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, a User must be at least 18 years of age to be eligible to use our Services.

Maligai advises its Users that while accessing the Website/Application, they must follow/abide by the applicable laws. Maligai may, in its sole discretion, refuse the Service to anyone at any time.

This Agreement applies to all Services offered on the Website/Application, collectively with any additional terms and conditions that may be applicable.

5. Registration

To use the Services, you have to be registered and provide your name, contact number, email address and other details. Please see our Privacy Policy and practices to know more about how your personal information would be used.

6. Representations and Warranties

As a precondition to your use of the Services, you represent and warrant that:

  • The information you provide to Maligai is accurate and complete. Maligai is entitled, at all times, to verify the information that you have provided and to refuse the Service or use of the Application/Website without providing reasons.
  • You will only access the Service using authorized means. You are responsible to check and ensure you access the correct Application for your device or the correct Website. Maligai shall not be liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device.
  • You will be solely responsible for any and all liability which results from or is alleged as a result of the use of the Services.
  • You specifically authorize us to use, store or otherwise process your sensitive personal data or information in order to provide the Services to you. Subject to applicable law, all information provided to us by you shall be deemed to be our information to use as we desire.
  • You will obey all applicable laws related to the matters set forth herein and will be solely responsible for any violations of the same.

7. Cancellation Policy

Maligai reserves the right to cancel or reject orders at its sole discretion. Cancellation policies may vary and will be communicated at the time of placing the order.

8. Payment

When an order is placed, the total amount due will be calculated and displayed. You may pay the amount via cash or a variety of online payment options available on the app/website including payment via the Maligai Wallet where you may have already pre-loaded funds. The usage of the Maligai Wallet shall be subject to the terms and conditions of the third party payment processor providing the payment service. Any payment related issue, except when such issue is due to an error or fault in the Site or Application, shall be resolved between you and the payment processor. Maligai shall not be responsible for any unauthorized use of your Maligai Wallet.

9. Limitation of Liability

The information, recommendations and/or Services provided to you on or through the Website/Application are for general information purposes only and do not constitute advice. Maligai will take reasonable steps to keep the Website/Application and its contents correct and up to date but does not guarantee that the contents of the Website/Application are free of errors, defects, malware and viruses or that the Website/Application are correct, up to date and accurate.

Maligai shall not be liable for any damages resulting from the use of, or inability to use, the Website/Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website/Application.

Maligai shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website/Application, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Maligai's aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services.

We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties ("Force Majeure").

We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law.

In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspect an instance of fraud, we may cause the User to be blocked immediately and reserve the right to refuse future Service. Additionally, should there exist an abuse of vouchers or discount codes, Maligai reserves the right to seek compensation from any and all such Users.

Offers are subject to Maligai's discretion and may be withdrawn at any time and without notice.

10. Intellectual Property Rights

Maligai is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content means its design, layout, text, images, graphics, sound, video etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with Maligai.

All rights, not otherwise claimed under this Agreement or in the Website/Application, are hereby reserved. The information contained in this Website/Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.

You may access the Website/Application, avail of the features, facilities and Services for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website/Application Content, features or facilities, directly or indirectly, without the prior written permission of Maligai.

Copyright

All content on this Website/Application is the copyright of Maligai except the third party content and link to third party website on our Website/Application, if any. Systematic retrieval of Maligai content to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Maligai is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Terms of Use is prohibited and may invite legal action. Maligai reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Service, or if Maligai believes that User's conduct is harmful to the interests of Maligai, its affiliates, or other Users, or for any other reason in Maligai's sole discretion, with or without cause.

11. User Accounts, Offers and Promotions

Maligai reserves the right to collect User data including name, contact information and other details to facilitate Services or use of its platform to avail Services. All information collected from the User are on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of Services or the use of the platform, without prior notice to such Users.

User accounts bearing contact number and email IDs are created and owned by Maligai. Any promotional discounts and offers accumulated can be revoked without prior notice in the event of suspicious account activity or mala fide intent of the User.

In the case where the system is unable to establish unique identity of a User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Maligai reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.

For any other queries on Maligai and its services, please write in to us at contact@maligai.co.in.

12. Links to Third Party Sites

Links to third party sites are provided by the Application/Website as a convenience to Users and Maligai does not have any control over such sites i.e., content and resources provided by them.

Maligai may allow Users access to content, products or services offered by third parties through hyperlinks to such third party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The Users acknowledge that Maligai has no control over such third party's site, does not monitor such sites, and Maligai shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.

13. Termination

Maligai reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of Maligai and/or other Users to the Website/Application. Maligai reserves the right to limit, deny or create different access to the Website/Application and its features with respect to different Users.

We reserve the right to terminate your account or your access to the Website/Application immediately, with or without notice to you, and without liability: (i) if you have violated any of the Terms of Use; (ii) if you have furnished us with false or misleading information; (iii) pursuant to requests by law enforcement or other government agencies; (iv) in case of unexpected technical or security issues or problems; (v) in case of discontinuance or material modification to the Services; and/or (vi) in case of interference with use of our Website/Application by others.

In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. You will not and not attempt to create another account for accessing and using the Website/Application without the written consent of Maligai.

This Terms of Use shall remain in full force and effect while you have an account with us. Even after termination of your account with us, certain provisions of this Terms of Use will remain in effect, including but not limited to, Intellectual Property Rights, Prohibited Uses and Indemnification.

14. Terms & Conditions for Use of Services

The following terms & conditions shall apply to Users utilising the Services offered by Maligai:

  • The User shall pay the applicable fees as displayed on the Application/Website, delivery charges, and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.
  • The User agrees and accepts that the use of the Services provided by Maligai is at the sole risk of the User, and further acknowledges that Maligai disclaims all representations and warranties of any kind, whether express or implied. All Services are provided "AS IS".
  • Maligai reserves the right to refuse the Service if the User is found to be misusing the platform or violating any terms.
  • The information on this Website/Application is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information.

Maligai is hereby authorized to use the location-based information provided by any of the telecommunication companies when the User uses the mobile phone to place an order. The location-based information will be used only to facilitate and improve delivery services.

Maligai shall be entitled to disclose to any government body the particulars of the User in its possession, in its absolute discretion.

If the User has any complaints in respect of the Services, the User has to inform Maligai of the same in writing within 24 hours of using the Services.

15. Insurance and Damage to Property

We are not responsible for damage or loss of any personal belongings or products during transit unless otherwise specified. It is your responsibility to inspect the products upon delivery and report any issues immediately.

16. Indemnity

The User shall defend, indemnify and hold Maligai, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

  • Violation or breach of the Terms of Use or any applicable law or regulation, whether or not referenced herein.
  • Violation of any rights of any third party.
  • Use or misuse of the Application/Website or Service.

17. Miscellaneous

The information contained in this Website/Application is for general information purposes only. The information is provided by Maligai and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website/Application or the information, products, services, or related graphics contained on the Website/Application for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.

In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website/Application or Service.

Every effort is made to keep the Website/Application up and running smoothly. However, Maligai takes no responsibility for, and will not be liable for, the Website/Application being unavailable due to technical issues beyond our control.

The above mentioned Terms of Use and the Privacy Policy constitute the entire agreement between the User and Maligai with respect to access to and use of the Website/Application and the Services offered by Maligai, superseding any prior written or oral agreements in relation to the same subject matter herein.

18. Jurisdiction

The courts of Chennai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Maligai or the Terms of Use or any arrangement between Maligai and the User.

19. Maligai Wallet

Overview

Maligai Wallet is a mobile payment service provided by Maligai Services Pvt. Ltd. Maligai Wallet allows customers to conduct financial transactions using a mobile device and software called the Maligai app.

Maligai Wallet is a Closed System Payment Instrument. This payment instrument is issued by Maligai, for use for Maligai services only. These instruments do not permit cash withdrawal or redemption.

Wallet Terms and Conditions

By registering at or merely browsing on our site you have agreed to be bound by all of these Terms and Conditions of Service for use and access of the Site. Please ensure that you read and understand all these terms and conditions before you use any of the services offered on the site.

Wallet Definitions

  • "Charges" would mean any charges and fees levied by Maligai to the registered customer for the use of the Maligai Wallet service.
  • "Customer" means the holder of Maligai Wallet, an applicant who registers for the Maligai services.
  • "Merchant" shall mean an individual or organization that accepts payment for their products/services through Maligai.
  • "Account" refers to the account created by Customer on the Site.
  • "Maligai Wallet" or "Wallet" means a pre-paid instrument issued by Maligai and/or issued under a co-branding arrangement with an entity.
  • "Lifetime Balance" means funds added by you via recharging the Maligai Wallet.
  • "Promotional Balance" means funds added by Maligai in your Maligai Wallet.

Wallet Eligibility

  • You must have attained at least 18 (eighteen) years of age.
  • You must be competent to enter into a contract under the applicable laws.
  • If you are not eligible, please immediately abandon any and all attempts to register.
  • We rely completely on the information provided by you and we shall not be held liable if you or anyone who uses your Account is not eligible.
  • As a minor, if you wish to avail the Services, such Services may be availed by your legal guardian or parents who have registered as users on the Site.

Wallet Registration

You can register as a Customer by providing a valid phone number, your name, valid and functional e-mail address and any other additional information that may be necessary. You shall ensure that the registration data provided by you must be accurate, complete, current and true.

You are solely responsible for maintaining the confidentiality of your registration data and will be liable for all activities and transactions that occur through your Account and Maligai Wallet. Your Account is non-transferable and is not capable of being sold to a third party.

In case of any unauthorized use of your Account, please immediately reach us at contact@maligai.co.in.

Services Not Offered by Maligai Wallet

  • Online Gambling
  • Remittance services
  • No other use of the Maligai Wallet service that may be prohibited by law

Contact Us

If you have any questions about these Terms & Conditions, you can contact us:
By email: contact@maligai.co.in
By phone number: +91 96779 49890

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