Sensible Stuff in Lawyerly Legal Language

 

About Us

At makkhichoose, our vision is to help people effortlessly discover the best products and services in one place. Consumers use our sites and apps to easily compare prices of products on ecommerce sites and book tickets as well. Customers can also shop our full selection of products using the makkhichoose and tatkalnow websites, and browser plugins, and apps for android which offers customers a convenient, fast and secure way to search, browse, compare offers and products across different shopping apps, and shop online quickly and easily, at anytime from anywhere. We also enable users to book railway and bus tickets through our user data management plugins.

 

Contact Us

Company name: Kernel Insights
Address: B1, SPL Habitat, Gangadhara Chetty Road, Gangadhar Chetty Rd, Yellappa Chetty Layout, Sivanchetti Gardens, Bengaluru, Karnataka 560042
Phone number: +91 97420 04946
Email id: sai@kernelinsights.com

 

Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.makkhichoose.com website.

The domain name www.makkhichoose.com (hereinafter referred to as "Website") is owned by Kernel Insights Private Limited, an Indian company with corporate identification number (CIN) U93000KA2012PTC065129, and registered office at B1, SPL Habitat, Gangadhara Chetty Road, Gangadhar Chetty Rd, Yellappa Chetty Layout, Sivanchetti Gardens, Bengaluru, Karnataka 560042 India (hereinafter referred to as "makkhichoose").

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with makkhichoose Internet Private Limited and these terms and conditions including the policies constitute Your binding obligations, with makkhichoose.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. makkhichoose allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean makkhichoose Internet Private Limited.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by makkhichoose Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

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 makkhichoose 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. makkhichoose reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to makkhichoose’s notice or if it is discovered that you are under the age of 18 years.

Use of the Website

You agree, undertake and confirm that Your use of Website and App shall be strictly governed by the following binding principles: 1. You shall not host, display, upload, modify, publish, transmit, update or share any information which: (a) belongs to another person and to which You does not have any right to; (b) 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; (c) is misleading in any way; (d) harasses or advocates harassment of another person;

2. 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.

3. 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.

4. 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.

5. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of makkhichoose and / or others.

6. 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 listing, purchase, solicitation of offers to purchase, and sale 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.

7. 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 or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

8. makkhichoose shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

Privacy Policy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way please do not use Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

 

Returns, Refunds, and Cancellations

Definition: 'Return' is defined as the action of giving back the digital token or item purchased by the Buyer to the Seller on the makkhichoose and tatkalnow website and apps . Following situations may arise: Item was defective
Products was / were missing
Wrong item was sent by the seller.

Return could also result in refund of money in most of the cases.


Points to be noted:
Seller can always accept the return irrespective of the policy.
If Seller disagrees a return request, Buyer can file a dispute.
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer need to raise the refund request within 10 days from the date of payment realization. Once Buyer has raised a return request by contacting us via email, Seller while closing the return ticket can select one of the following:
Replace after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)
Refund after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)
Refund without shipment collection - Seller has agreed to refund the buyer without expecting the original shipment back)
Replace without shipment collection - Seller has agreed to replace the order without expecting the original shipment back)
On certain select periods as specified by MakkhiChoose (such as the Diwali or Dussehra festive season') separate policies may be applicable.
In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.
In case the Seller doesn't close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.

COD Refund to Bank Account via National Electronic Funds Transfer (NEFT)

For orders placed using Cash on Delivery as the payment method, refunds can be processed to your bank account via National Electronic Funds Transfer (NEFT). You can update the details of the bank account where you wish to receive the refund in the Your Account section or from the Returns Support Centre when you are returning an item. You will need to update following information to enable us to process a refund to your account:
The Bank Account Number
IFSC Code
Account Holder's Name
Bank Branch
Bank Name
Refunds cannot be processed to third-party accounts. The name on your makkhichoose account should match with the name of the bank account holder.
NEFT refunds will typically be processed in one business day from our end and will be credited to your account in two business days.

Cancellations:

You can cancel your order online before the product has been shipped, or in case of digital tokens, been added to your account. Your entire order amount will be refunded.

In case the item you have ordered has been shipped but has not yet been delivered to you, you may still cancel the order online. Your refund will be processed once we receive the originally ordered item back from the courier.
Unfortunately, an order cannot be cancelled once the item has been delivered to you.