This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable under the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.mistorepalava.in (hereinafter referred to as “Website” or “MISTOREPALAVA ( Overseas Education Pathway)”) is owned by firm “Mr. Omkar S Ghosalkar a company with its registered office at Mumbai and operated by its subsidiaries. The term “We”, “Us”, “Our” shall mean Mi store palava or its subsidiaries.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 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 the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the MISTOREPALAVA ( Overseas Education Pathway) website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. MISTOREPALAVA ( Overseas Education Pathway)reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to MISTOREPALAVA ( Overseas Education Pathway)notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Disclaimer of Warranty & Liabilities, No Implied Endorsements
MISTOREPALAVA ( Overseas Education Pathway)does not make any representation or Warranty as to specifics, such as quality, value, saleability, etc.,of the products or services proposed to be sold or offered to be sold or purchased on the Website. This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, MISTOREPALAVA ( Overseas Education Pathway)does not warrant that this Website will be constantly available, or available at all; or that the information on this Website is complete, true, accurate or non-misleading.
MISTOREPALAVA ( Overseas Education Pathway)will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. MISTOREPALAVA ( Overseas Education Pathway)does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
MISTOREPALAVA ( Overseas Education Pathway)does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. MISTOREPALAVA ( Overseas Education Pathway)accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
Title of Goods and Service Obligations
MISTOREPALAVA ( Overseas Education Pathway)does not hold any right, title or interest over the products nor shall MISTOREPALAVA ( Overseas Education Pathway)have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. MISTOREPALAVA ( Overseas Education Pathway)is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back-ordered. All the Products sold on Website are governed by different state laws and if We are unable to deliver such Products due to implications of different state laws, We will return or will give credit for the amount (if any) received in advance by Us from the sale of such Product that could not be delivered to You.
Accuracy of Content, Limitations on Quantity
Pricing on any product, or products, as is reflected on the Website may due to some technical issue, typographical error or product information published by MISTOREPALAVA ( Overseas Education Pathway)may be incorrectly reflected and in such an event MISTOREPALAVA ( Overseas Education Pathway)reserves the right to revoke any stated offer; correct any errors, inaccuracies or omission; and make changes to prices, content, promotion offers, product descriptions or specifications, or other information without any notice of such changes, including after an order has been submitted, acknowledged, shipped or received. We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an item, sale, event or promotion at any time without notice. The inclusion of any products or services on the Site at a particular time does not guarantee that the products or services will be available.
You release and indemnify MISTOREPALAVA ( Overseas Education Pathway)and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.
Membership Fees and Charges
Membership on the Website is free for You. MISTOREPALAVA ( Overseas Education Pathway)does not charge any fee for browsing and buying on the Website. MISTOREPALAVA ( Overseas Education Pathway)reserves the right to change its Fee Policy from time to time. In particular, MISTOREPALAVA ( Overseas Education Pathway)may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event MISTOREPALAVA ( Overseas Education Pathway)reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to MISTOREPALAVA ( Overseas Education Pathway)PTE Limited.
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles –
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms E-Commerce, MISTOREPALAVA ( Overseas Education Pathway), mistorepalava.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of MISTOREPALAVA ( Overseas Education Pathway)or otherwise tarnish or dilute any MISTOREPALAVA ( Overseas Education Pathway) trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or e-tail’s systems or networks, or any systems or networks connected to MISTOREPALAVA ( Overseas Education Pathway).
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your purchase of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights
From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other Users in any manner.
MISTOREPALAVA ( Overseas Education Pathway) prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to content on Website pages, comments on Website pages, comments on social media, other areas of the site that another User may view. If a feedback comment on Website contains profanity, please submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning. MISTOREPALAVA ( Overseas Education Pathway)will consider the circumstances of an alleged policy violation and the user’s trading records before taking action. Violations of this policy may result in a range of actions, including: Limits placed on account privileges; Loss of special status; Account suspension.
Contents Posted on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You do not remove any proprietary notice language in all copies of such documents; use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; make no modifications to any such information;and do not make any additional representations or warranties relating to such documents.
Payments on the Website
While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by You and between “Bank/s”, or any payment issues arising out of the transaction, or decline of transaction for any other reasons.
All payments made against the purchases or services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before shipping/delivering your order to you, We may request you to provide supporting documents,including but not limited to Govt. issued ID and address proof to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Us and payment facility is merely used by the Buyer and Us to facilitate the completion of the Transaction. Use of the payment facility shall not render MISTOREPALAVA ( Overseas Education Pathway), its subsidiaries or its service providers liable or responsible for the breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on MISTOREPALAVA ( Overseas Education Pathway).
You understand, accept and agree that the payment facility provided by MISTOREPALAVA ( Overseas Education Pathway), its subsidiaries or its service providers is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through CashOn-Delivery, collection and remittance facility for the Transactions on the MISTOREPALAVA ( Overseas Education Pathway) Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, MISTOREPALAVA ( Overseas Education Pathway), its subsidiaries or its service providers are neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Terms for Buyers
As a Buyer, You understand that –
upon initiating a Transaction You are entering into a legally binding and enforceable contract with Seller to purchase the products and /or services from MISTOREPALAVA ( Overseas Education Pathway) using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to Seller using Payment Facility.
You may agree with MISTOREPALAVA ( Overseas Education Pathway) through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You shall electronically notify Payment Facility using the appropriate MISTOREPALAVA ( Overseas Education Pathway) Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non-notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash-On-Delivery transactions, Buyer is not required to confirm the receipt of products or services.
You shall be entitled to claim a refund of the Transaction Price,as Your sole and exclusive remedy, in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies or within 30 business days, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time, You will be ineligible for a refund.
The Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
Except for Cash-On-Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.For Cash On Delivery transactions, refunds, if any, will be made via NEFT transfer in favour of the Buyer, as per registration details provided by the Buyer.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refund shall be conditional and shall be with recourse available to MISTOREPALAVA ( Overseas Education Pathway), its subsidiaries or service providers in case of any misuse by Buyer.Refund shall be subject to Buyer complying with Policies.
MISTOREPALAVA ( Overseas Education Pathway), its subsidiaries or service providers reserve the right to impose limits on the number of Transactions or Transaction Price which MISTOREPALAVA ( Overseas Education Pathway)may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
MISTOREPALAVA ( Overseas Education Pathway), its subsidiaries or service providers, may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay Transaction Price from the Buyer for security or other reasons at the discretion of MISTOREPALAVA ( Overseas Education Pathway)for Cash-on-Delivery transactions. As a result of such check if We are not satisfied with the credibility of the Buyer or genuineness of the Transaction / Transaction Price, We will have the right to reject the receipt of/Buyers commitment to pay Transaction Price.
MISTOREPALAVA ( Overseas Education Pathway), its subsidiaries or service providers reserve may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if MISTOREPALAVA ( Overseas Education Pathway)deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, MISTOREPALAVA ( Overseas Education Pathway)may hold Transaction Price and MISTOREPALAVA ( Overseas Education Pathway)may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer acknowledges that MISTOREPALAVA ( Overseas Education Pathway)will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of MISTOREPALAVA ( Overseas Education Pathway).
Buyer’s arrangement with Issuing Bank
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card /EMI payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the FAST Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Applicability of Other Policies
All transactions on the Website may also be covered under other policies including Warranty Policy for Electronic Products and Phones and the Returns and Cancellations Policy. All applicable policies will be displayed on the Website and can be accessed freely.
Compliance with Laws
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and MISTOREPALAVA ( Overseas Education Pathway) website.
Jurisdiction and Territory of Sales
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. MISTOREPALAVA ( Overseas Education Pathway)makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and MISTOREPALAVA ( Overseas Education Pathway)is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by MISTOREPALAVA ( Overseas Education Pathway)and products are sold by respective Sellers all material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. You can write to MISTOREPALAVA ( Overseas Education Pathway) at firstname.lastname@example.org if You feel that Your Trademark has been infringed,
Limitation of Liability
Please contact us at email@example.com for any questions or comments.