Welcome to the Mifo.in website. Please read these terms and conditions
Platform (defined below) and the use of the Services. By accessing the
Platform and/or using the Services, you agree to be bound by these Terms
this Platform or the Services.
Access to and use of password protected and/or secure areas of the
Platform and/or use of the Services is restricted to Customers with accounts
only. You may not obtain or attempt to obtain unauthorized access to such
parts of this platform and/or services, or to any other protected information,
through any means not intentionally made available by us for your specific
use. A breach of this provision may be an offense under the Computer
Misuse Act Hon Kong.
If you are below 18 years old: you must obtain consent from your parent(s)
agreement to take responsibility for: (i) your actions; (ii) any charges
associated with your use of any of the Services or purchase of Products; and
have consent from your parent(s) or legal guardian(s), you must stop
using/accessing this Platform and using the Services.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of
2. General use of Services and/or access of Platform
2.1 Guidelines to the use of Platform and/or Services: You agree to comply
with any and all the guidelines, notices, operating rules and policies and
instructions pertaining to the use of the Services and/or access to the
Platform, as well as any amendments to the aforementioned, issued by us,
from time to time. We reserve the right to revise these guidelines, notices,
operating rules and policies and instructions at any time and you are
deemed to be aware of and bound by any changes to the foregoing upon
their publication on the Platform.
2.2 Restricted activities: You agree and undertake NOT to:
1. Impersonate any person or entity or to falsely state or otherwise
misrepresent your affiliation with any person or entity.
2. Use the Platform or Services for illegal purposes.
3. Attempt to gain unauthorized access to or otherwise interfere or
disrupt other computer systems or networks connected to the
Platform or Services
4. Post, promote or transmit through the Platform or Services any
5. Interfere with another’s utilization and enjoyment of the Platform or
6. Use or upload, in any way, any software or material that contains, or
which you have reason to suspect that contains, viruses, damaging
components, malicious code or harmful components which may
impair or corrupt the Platform’s data or damage or interfere with the
operation of another Customer’s computer or mobile device or the
Platform or Services
7. Use the Platform or Services other than in conformance with the
acceptable use policies of any connected computer networks, any
applicable Internet standards and any other applicable laws
2.3 Availability of Platform and Services: We may, from time to time and
without giving any reason or prior notice, upgrade, modify, suspend or
discontinue the provision of or remove, whether in whole or in part, the
Platform or any Services and shall not be liable if any such upgrade,
modification, suspension or removal prevents you from accessing the
Platform or any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but
shall not be obliged to:
1. Monitor, screen or otherwise control any activity, content or material
on the Platform and/or through the Services. We may in our sole and
absolute discretion, investigate any violation of the terms and
conditions contained herein and may take any action it deems
2. Prevent or restrict access of any Customer to the Platform and/or the
3. Report any activity it suspects to be in violation of any applicable law,
statute or regulation to the appropriate authorities and to co-operate
with such authorities; and/or
4. To request any information and data from you in connection with
your use of the Services and/or access of the Platform at any time
and to exercise our right under this paragraph if you refuse to divulge
such information and/or data or if you provide or if we have
reasonable grounds to suspect that you have provided inaccurate,
misleading or fraudulent information and/or data.
3. Use of Services
3.1 Application of this Clause: In addition to all other terms and conditions of
terms and conditions governing your use of the Services.
3.2 Restrictions: Use of the Services is limited to authorized Customers that
are of legal age and who have the legal capacity to enter into and form
contracts under any applicable law. Customers who have breached or are in
breach of the terms and conditions contained herein and Customers who
have been permanently or temporarily suspended from use of any of the
Services may not use the Services even if they satisfy the requirements of
this Clause 3.2.
1. To access and/or use the Services only for lawful purposes and in a
lawful manner at all times and further agree to conduct any activity
relating to the Services in good faith
2. To ensure that any information or data you post or cause to appear
on the Platform in connection with the Services is accurate and
agree to take sole responsibility for such information and data.
3.4 Product description: While we endeavor to provide an accurate
description of the Products, we do not warrant that such description is
accurate, current or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless
otherwise stated. We reserve the right to amend the Listing Prices at any
time without giving any reason or prior notice.
3.6 Third Party Vendors: You acknowledge that parties other than
yourwebsite (i.e. Third Party Vendors) list and sell Products on the Platform.
Whether a particular Product is listed for sale on the Platform by
yourwebsite or a Third Party Vendor may be stated on the webpage listing
that Product. For the avoidance of doubt, each agreement entered into for
the sale of a Third Party Vendor’s Products to a Customer shall be an
agreement entered into directly and only between the Third Party Vendor
and the Customer.
4. Customers with www.mifo.in accounts
4.1 Username/Password: Certain Services that may be made available on
the Platform may require creation of an account with us or for you to
provide Personal Data. If you request to create an account with us, a
Username and Password may either be: (i) determined and issued to you by
us; or (ii) provided by you and accepted by us in our sole and absolute
discretion in connection with the use of the Services and/or access to the
relevant Platform. We may at any time in our sole and absolute discretion,
request that you update your Personal Data or forthwith invalidate the
Username and/or Password without giving any reason or prior notice and
shall not be liable or responsible for any Losses suffered by or caused by you
or arising out of or in connection with or by reason of such request or
invalidation. You hereby agree to change your Password from time to time
and to keep the Username and Password confidential and shall be
responsible for the security of your account and liable for any disclosure or
use (whether such use is authorized or not) of the Username and/or
Password. You are to notify us immediately if you have knowledge that or
have reason for suspecting that the confidentiality of the Username and/or
Password has been compromised or if there has been any unauthorized
use of the Username and/or Password or if your Personal Data requires
4.2 Purported use/access: You agree and acknowledge that any use of the
Services and/or any access to the Platform and any information, data or
communications referable to your Username and Password shall be
deemed to be, as the case may be:
1. Access to the relevant Platform and/or use of the Services by you; or
2. Information, data or communications posted, transmitted and validly
issued by you.
You agree to be bound by any access of the Platform and/or use of any
Services (whether such access or use are authorized by you or not) and you
agree that we shall be entitled (but not obliged) to act upon, rely on or hold
you solely responsible and liable in respect thereof as if the same were
carried out or transmitted by you. You further agree and acknowledge that
you shall be bound by and agree to fully indemnify us against any and all
Losses attributable to any use of any Services and/or or access to the
Platform referable to your Username and Password.
5. Intellectual property
5.1 Ownership: The Intellectual Property in and to the Platform and the
Materials are owned, licensed to or controlled by us, our licensors or our
service providers. We reserve the right to enforce its Intellectual Property to
the fullest extent of the law.
5.2 Restricted use: No part or parts of the Platform, or any Materials may be
reproduced, reverse engineered, decompiled, disassembled, separated,
altered, distributed, republished, displayed, broadcast, hyperlinked,
mirrored, framed, transferred or transmitted in any manner or by any
means or stored in an information retrieval system or installed on any
servers, system or equipment without our prior written permission or that
of the relevant copyright owners. Subject to Clause 5.3, permission will only
be granted to you to download, print or use the Materials for personal and
non-commercial uses, provided that you do not modify the Materials and
that we or the relevant copyright owners retain all copyright and other
proprietary notices contained in the Materials.
5.3 Trademarks: The Trademarks are registered and unregistered
trademarks of us or third parties. Nothing on the Platform and in these
otherwise, any license or right to use (including as a meta tag or as a “hot”
link to any other website) any Trademarks displayed on the Services,
without our written permission or any other applicable trademark owner.
6. Our limitation of responsibility and liability
6.1 No representations or warranties: The Services, the Platform and the
Materials are provided on an “as is” and “as available” basis. All data and/or
information contained in the Platform, the Services or the Materials are
provided for informational purposes only. No representations or warranties
of any kind, implied, express or statutory, including the warranties of non-
infringement of third party rights, title, merchantability, satisfactory quality
or fitness for a particular purpose, are given in conjunction with the
Platform, the Services or the Materials. Without prejudice to the generality
of the foregoing, we do not warrant:>
1. The accuracy, timeliness, adequacy, commercial value or
completeness of all data and/or information contained in the
Platform, the Services or the Materials
2. That the Platform, the Services or that any of the Materials will be
provided uninterrupted, secure or free from errors or omissions, or
that any identified defect will be corrected
3. That the Platform, the Services or the Materials are free from any
computer virus or other malicious, destructive or corrupting code,
agent, program or macros
4. The security of any information transmitted by you or to you through
the Platform or the Services, and you accept the risk that any
information transmitted or received through the Services or the
Platform may be accessed by unauthorized third parties and/or
disclosed by us or our officers, employees or agents to third parties
purporting to be you or purporting to act under your authority.
Transmissions over the Internet and electronic mail may be subject
to interruption, transmission blackout, and delayed transmission due
to Internet traffic or incorrect data transmission due to the public
nature of the Internet.
6.2 Exclusion of liability: www.mifo.in Indemnities shall not be liable to you
for any Losses whatsoever or howsoever caused (regardless of the form of
action) arising directly or indirectly in connection with:
1. Any access, use and/or inability to use the Platform or the Services
2. Reliance on any data or information made available through the
Platform and/or through the Services. You should not act on such
data or information without first independently verifying its contents
3. Any system, server or connection failure, error, omission, interruption,
delay in transmission, computer virus or other malicious, destructive
or corrupting code, agent program or macros; and
4. Any use of or access to any other website or webpage linked to the
Platform, even if we or our officers or agents or employees may have
been advised of, or otherwise might have anticipated, the possibility
of the same.
6.3 At your own risk: Any risk of misunderstanding, error, damage, expense
or Losses resulting from the use of the Platform is entirely at your own risk
and we shall not be liable therefor.
7. Hyperlinks, alerts and advertising
7.1 Hyperlinks: For your convenience, we may include hyperlinks to other
websites or content on the Internet that are owned or operated by third
parties. Such linked websites or content are not under our control and we
are not liable for any errors, omissions, delays, defamation, libel, slander,
falsehood, obscenity, pornography, profanity, inaccuracy or any other
objectionable material contained in the contents, or the consequences of
accessing, any linked website. Any hyperlinks to any other websites or
content are not an endorsement or verification of such websites or content
and you agree that your access to or use of such linked websites or content
is entirely at your own risk.
7.2 Advertising: We may attach banners, java applets and/or such other
materials to the Platform for the purposes of advertising our or our Third
Party Vendors’ products and/or services. For the avoidance of doubt, you
shall not be entitled to receive any payment, fee and/or commission in
respect of any such advertising or other promotional materials.
8. Your submissions and information
8.1 Submissions by you: You grant us a non-exclusive license to use the
materials or information that you submit to the Platform and/or provide to
us, including but not limited to, questions, reviews, comments, and
suggestions (collectively, “Submissions”). When you post comments or
reviews to the Platform, you also grant us the right to use the name that
you submit or your Username in connection with such review, comment, or
other content. You shall not use a false e-mail address, pretend to be
someone other than yourself or otherwise mislead us or third parties as to
the origin of any Submissions. We may, but shall not be obligated to,
publish, remove or edit your Submissions and if we choose to undertake
any of the aforesaid or otherwise use in any manner, your Submissions, no
assurance is hereby made by such use to treat any of the Submissions as
confidential and proprietary.
8.2 Consent to receive e-mails: You consent to and authorize the use by us
of any information provided by you (including Personal Data) for the
purposes of sending informational and promotional e-mails to you. Your
agreement to the provisions of this Clause 8.2 shall constitute your consent
for the purpose of the provisions of any spam control laws (whether in
Singapore or elsewhere). You may subsequently opt out of receiving
promotional e-mails by clicking on the appropriate hyperlink in any
collection, use and disclosure of your Personal Data for the purposes as set
9.1 Termination by us: In our sole and absolute discretion, we may with
immediate effect upon giving you notice, terminate your use of the
Platform and/or Services and/or disable your Username and Password. We
may bar access to the Platform and/or Services (or any part thereof) for any
where if we believe that you have violated or acted inconsistently with any
terms or conditions set out herein, or if in our opinion or the opinion of any
regulatory authority, it is not suitable to continue providing the services
relating to the Platform.
seven days’ notice in writing to us.
10.1 Notices from us: All notices or other communications given to you if:
1. Communicated through any print or electronic media as we may
select will be deemed to be notified to you on the date of publication
2. Sent by post or left at your last known address will be deemed to be
received by you on the day following such posting or on the day
when it was so left.
10.2 Notices from you: You may only give notice to us in writing sent to our
designated address or e-mail address, and we shall be deemed to have
received such notice only upon receipt. While we endeavor to respond
promptly to notices from you, we cannot guarantee that we will always
respond with consistent speed.
10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time
to time designate other acceptable modes of giving notices (including but
not limited to e-mail or other forms of electronic communication) and the
time or event by which such notice shall be deemed given.
11.1 Cumulative rights and remedies: Unless otherwise provided under these
prejudice and in addition to any rights or remedies we may have in law or in
equity, and no exercise by us of any one right or remedy under these Terms
of Use, or at law or in equity, shall (save to the extent, if any, provided
hinder or prevent our exercise of any other such right or remedy as at law or
a waiver of these terms, and such failure shall not affect the right later to
shall become illegal, invalid or unenforceable in any respect, the legality,
validity and enforceability of the remaining provisions of this Agreement
shall not be affected or impaired thereby, and shall continue in force as if
such illegal, invalid or unenforceable provision was severed from these
11.4 Rights of third parties: A person or entity who is not a party to these
Parties) Act, Chapter 53B of Singapore or any similar legislation in any
whether such person or entity has been identified by name, as a member of
a class or as answering a particular description. For the avoidance of doubt,
nothing in this Clause shall affect the rights of any permitted assignee or
11.5 Governing law: Use of the Platform and/or the Services and these Terms
of Use shall be governed by and construed in accordance with Indian law
and you hereby submit to the exclusive jurisdiction of the Mumbai courts.
11.6 Injunctive relief: We may seek immediate injunctive relief if we make a
good faith determination that a breach or non-performance is such that a
temporary restraining order or other immediate injunctive relief is the only
appropriate or adequate remedy.
11.7 Amendments: We may by notice through the Platform or by such other
method of notification as we may designate (which may include
notification by way of e-mail), vary the terms and conditions of these Terms
of Use, such variation to take effect on the date we specify through the
above means. If you use the Platform or the Services after such date, you
are deemed to have accepted such variation. If you do not accept the
variation, you must stop access or using the Platform and the Services and
manner aforesaid will be exercised with may be exercised without the
11.8 Correction of errors: Any typographical, clerical or other error or
omission in any acceptance, invoice or other document on our part shall be
subject to correction without any liability on our part.
translated in any language other than English (“Foreign Language
and shall take precedence over the Foreign Language Version.
agreement between you and us relating to the subject matter hereof and
supersedes and replaces in full all prior understandings, communications
and agreements with respect to the subject matter hereof.
11.12 Binding and conclusive: You acknowledge and agree that any records
(including records of any telephone conversations relating to the Services, if
any) maintained by us or our service providers relating to or in connection
with the Platform and Services shall be binding and conclusive on you for
all purposes whatsoever and shall be conclusive evidence of any
information and/or data transmitted between us and you. You hereby
agree that all such records are admissible in evidence and that you shall not
challenge or dispute the admissibility, reliability, accuracy or the
authenticity of such records merely on the basis that such records are in
electronic form or are the output of a computer system, and you hereby
waive any of your rights, if any, to so object.
11.13 Sub-contracting and delegation: We reserve the right to delegate or
sub-contract the performance of any of our functions in connection with
the Platform and/or Services and reserve the right to use any service
providers, subcontractors and/or agents on such terms as we deem
without our prior written consent. We may assign our rights under these
11.15 Force Majeure: We shall not be liable for non-performance, error,
interruption or delay in the performance of its obligations under these
unsuitability of the Platform's and/or Services’ contents if this is due, in
whole or in part, directly or indirectly to an event or failure which is beyond
our reasonable control.