Terms & Conditions
OneMALL Contract with Member
This Mobile App/Website is operated by OneMALL. Throughout the site, the terms “we”, “us” and “our” refer to OneMALL. OneMALL offers this website/Mobile App including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site/Mobile APP and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Terms and Conditions: These Terms and Conditions are to be read together with the Membership Application (Form SA-88-ID, the “Application”). They become binding if and when OneMALL, in its sole discretion, accepts the Application pursuant to Clause 2 herein and Section 3 of the Rules of Conduct for OneMALL Members (the “Rules of Conduct” or the “Rules”)
(a.) Cooling Off Period: shall, subject to Clause 9, mean a period of 90 days from the date of acceptance of this Member application by OneMALL within which period any new Member shall be entitled to terminate this Contract without penalty and be entitled to a full refund of the price of products or materials purchased from OneMALL upon return of such products or materials in a saleable condition.
(b.) Member: shall mean a person appointed by OneMALL on a principal-to-principal basis through this Member Contract to undertake marketing of OneMALL products and services and to register Preferred Customers. An OneMALL Member may introduce or sponsor further levels of Members and support them to build their business of OneMALL.
(c.) Member Contract: in accordance with Rule 2.1 of the OneMALL Rules of Conduct Shall mean and include the following:
- The Member Application Form (refer ID);
- These Terms and Conditions forming part of the Member Application;
iii. The OneMALL Marketing & Referral Plan;
- The Code of Ethics of OneMALL Members;
- The Terms and Conditions for App usage for OneMALL Members;
- The OneMALL Refund Policy; and
(d.) Saleable: shall mean marketable, unused, not expired, not seasonal, discontinued or special promotional products and/services.
(e.) Territory: shall mean the Republic of India.
(f.) Effective Date: shall mean the date of submission of the duly filled Member Application, subject to Approval by OneMALL
- Referral Marketing:
OneMALL appoints, as of the Effective Date, the individual(s) identified in the above Member Application, or if applicable, the legal entity listed therein (the “Entity”), as a Member of OneMALL Products and services, and the Applicant(s) (hereinafter individually or collectively referred to as the “Member”) agree(s) to such appointment. As of the Effective Date and upon receipt of ordering information and completion of any required formalities, the Member may, on a non-exclusive basis, within the Territory as may be communicated by OneMALL, and otherwise, in accordance with the MemberContract, purchase OneMALL Products from OneMALL in order to market the same, and also register Preferred Customers.
- Duration: This Member Contract, shall remain valid and continue to remain in full force unless terminated earlier by either Party with or without cause as given hereinbelow in Clause 9.
- No Employment Relationship: The Member hereby confirms that he/she/they has or have entered into this Member Contract As an independent contractor. Nothing in the Member Contract shall establish either an employment relationship or any other labor relationship between the Parties or a right for the Member to act as a procurer, broker, commercial agent, contracting representative or other representatives of OneMALL. When purchasing OneMALL Products, the Member shall operate as independent users, acting in his/her/their own name, at his/her/their own responsibility and for his/her/their own account.
- No Assignment: This Member Contract is intuitu personae entered into on a personal basis, and neither this MemberContract nor any of the rights or obligations of the Member/Member arising hereunder may be assigned or transferred without the prior written consent of OneMALL.
- Representative(s): The Co-Applicant/authorize Representative(s) acknowledge(s) that OneMALL will deal exclusively with the primary Applicant/First authorize Representative in respect of all OneMALL Business matters, and also pay commissions and/or any other incentives to and in the name of the Primary Applicant only.
- Payments and Bank Accounts: OneMALL will make all payments on account of commissions, discounts, returns or refunds, etc. through bank transfer in favor of the Primary Applicant only as per the details provided in the Member Application or as may be updated by the Primary Applicant in writing from time to time. The bank account must be opened and operated in full compliance with Indian law, including with respect to applicable foreign exchange laws.
- Obligations of Members:
(a.) The Member shall not market OneMALL app by altering the plan in order to get maximum members under their downline tree.
(b.) The Member shall, throughout the validity of this Member Contract, strictly adhere to all applicable laws, regulations and other legal obligations that affect the operation of his/her/their business. The Member shall be responsible for obtaining any applicable registration, license, approval or authorization, a copy of which shall be provided to OneMALL upon request.
(c.) Members for OneMALL shall:
- Truthfully and clearly identify themselves and state the purpose of solicitation to the prospective consumer and state the identity of OneMALL, provide complete explanation and demonstration as well as description of the nature of products and services being offered for sale, provide details of prices, credit terms, terms of payment, return policies, terms of guarantee,after-sales service, complaint redressal mechanism, etc.;
(d.) Members for OneMALL shall not:
- Use misleading, deceptive or unfair trade practices for sale or recruitment of prospective Members;
- require or encourage other OneMALL Members to purchase OneMALL products or services in unreasonably large quantities;
iii. provide any literature and/or training material, not restricted to collateral issued by OneMALL, to a prospective and/or existing Member which have not been approved by OneMALL;
iv. Require prospective or existing Members to purchase any literature or training material or sales demonstration equipment.
- strictly adheres to, inter alia, the OneMALL Code of Ethics and OneMALL Rules of Conduct for OneMALL Members.
- Termination of the Member Contract: The Member may without assigning any reason, after giving written notice to OneMALL terminate this Contract with immediate effect and this contract would be terminated Automatically. A Member shall not be entitled to purchase OneMALL products or services upon serving the notice. In addition to the above:
(a.) OneMALL may terminate this Member Contract forthwith in case:
- the Member violates the provisions of the Code of Ethics.
- for reasons of non-performance of sales of OneMALL products and services as per the targets defined from time to time, if any; Where a Member is found to have made no purchases by himself/herself of goods and services for a period of 3 months since the date of joining the Membership or where there is no purchases by himself/herself of goods or services for a continuous period of 1 month since the date of the last purchases made.
iii. for the breach of any provision hereof including but not limited to non-compliance to Rule 4.2.1 and Rule 4.10 of the OneMALL Terms & Conditions;
- due to misrepresentation by the Member to any consumer or prospective Member; or
- due to legal, regulatory or other developments that require material operational changes within the Territory, in which case OneMALL may, if regulatory conditions allow, endeavor to restructure the contractual relationship with the Member on such terms and conditions as are then practical and legally permissible.
(b.) OneMALL shall also have the right to terminate this contract by giving 30 days notice in writing if the Member fails to make any purchase or sale of OneMALL products or services for a consecutive period exceeding 12 months. OneMALL may from time to time amend any of the documents comprising the Member Contract through notice on its website, www.onemall.co.in. If the Member does not agree to be bound by such amendment(s), he/she/they may terminate the Member Contract with immediate effect by giving a written notice to OneMALL. Otherwise, the Member’s continued relationship with OneMALL constitutes an affirmative acknowledgment by the Member Of the amendment(s), and his/her/their agreement to be bound by the same.
Return of materials. All of Company’s trademarks, trade names, data, photographs, literature, and sales aids, all kinds of customer related database and any other information generated shall always remain the property of Company. Within five (5) days after the termination of membership, Member shall return all such items to the company. Member shall not make or retain any copies of any confidential items or information that may have been entrusted to it. Effective upon the termination of Membership, Member shall cease to use all trademarks, marks and trade name of Company.
The company is free to review the performance of Member at timely intervals. Any Member not performing to the full satisfaction of the company in terms of securing new orders, in compliance of company’s policies and terms and conditions are liable to be terminated.
- Severability: If any provision of these Terms and Conditions is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Governing Law: The Member Contract and all questions of its interpretation shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its principles of conflicts of laws. The Agreement is civil in nature and hence,it is to be governed and construed in accordance with the Indian Contract Act, 1872, the Code of Civil Procedure and other applicable laws of India.
- Dispute Settlement: The parties shall endeavor to settle any dispute or difference arising out of or in connection with the Member Contract through mutual discussions within 30 days of such dispute arising. The Member agrees that in the event it is not satisfied by any decision of OneMALL, or in the event that any issue raised by the Member has remained unresolved for a period of more than two months, and / or during the subsistence of this agreement or upon or after its termination, any issue or dispute that theMember may have regarding the interpretation or operation of the clauses of this arrangement or any issues arising there from shall be referred to Grievance Redressal Committee set up by the company. Any dispute, difference or claim remaining unresolved post reference to the Grievance Redressal committee discussions shall be submitted to binding arbitration under the provisions of the IndianArbitration and Conciliation Act, 1996. The venue of such arbitration shall be at New Delhi and the award of the Arbitrator shall be final and binding on all Parties. Subject to the above, courts at New Delhi shall alone have jurisdiction in relation to the MemberContract and matters connected here to.
- Limitation on Liability: OneMALL’s liability, whether in contract, or otherwise, arising out of or in connection with this MemberContract shall not exceed the less of:
(a) actual damages or loss assessed by the arbitrator or any other dispute resolution mechanism adopted by the Parties, or;
(b) the total commission earned by the Member during the six-month period preceding the date of the dispute. By clicking here, you agree to abide by the Terms & Conditions
The Company shall not be liable for any failure to perform its obligations where such failure has resulted due to Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, acquisition of the company’s asset by the government to any other government/semi government agency, civil/financial emergency by the government, any other government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, Raw Material Supply Constraint, or any type of redirection by Government (Central and / or State), Local Authority or any other government department.
Member acknowledges that by reason of its relationship to Company hereunder, it will have access to certain information and materials concerning Company’s business plans, customers, technology, and products/services that is confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Member agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by the Company.
Company shall advise Member whether or not it considers any particular information or materials to be confidential. Member shall not publish any description of the Products/Services beyond the description published by Company and without the prior written consent of the Company. In the event of termination, there shall be no use or disclosure by Member of any confidential information of the Company.
Terms & Conditions for the usage of Online Store
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available online through the application. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 – PERSONAL INFORMATION
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless OneMALL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SOLEMNLY AFFIRM AND DECLARE AS FOLLOWS:
- That I have read and understood the terms and conditions for appointment of Member of the Company.
- I have also gone through the Company’s official website, printed materials, brochures and convinced about the business and I have applied to appoint me as a Member of my own volition.
iii. I declare that I have not been given any assurance or promise or inducement by the Company or its Directors in regard to any fixed income incentive, prize or benefit on account of the products purchased by me.
- I have clearly understood that eligibility of income exclusively depends on my performance in business volume as per the business plan. I further agree that the company reserves the right to change the Business Plan at any point of time without any prior notice.
- I undertake not to misguide or induce dishonestly anybody to join the Company.
- I hereby agree and adhere to the terms and conditions as stipulated along with the application form and as mentioned above to agree to purchase the product as Consumer/to do the Member activities.
iv. I hereby agree to submit all disputes to arbitration as provided in the terms and conditions of the Company.
Code of Ethics of OneMALL Members
As a member of OneMALL, I agree to conduct my OneMALL business according to the following ethical guidelines:
- As a basic guideline in my activities as an OneMALL Member, I will endeavor to always treat others, as I would have them treat me.
- I will respect and follow this Code of Ethics (hereinafter ‘the Code’) and the Rules of Conduct (hereinafter ‘the Rules’) as well as all applicable laws, rules and regulations observing not only “the letter “ but also “ the spirit “ thereof.
- I will present the OneMALL Marketing Plan to all prospective Members in an accurate, fair, truthful and honest manner, and I will make sure to present only what is approved in official OneMALL publications.
- I will be courteous and prompt in the handling of any and all claims for exchange and return and follow the procedures prescribed by OneMALL from time to time in its official publications.
- I will conduct myself in such a manner as to reflect only the highest standards of integrity, frankness and responsibility because I recognize that my conduct as an OneMALL Member has far-reaching effects.
- I will accept and carry out the responsibilities of an OneMALL Member as set forth in official OneMALL publications.
- In my OneMALL App promotion activities, and for the purposes of protecting the OneMALL Marketing Plan, I will use only OneMALL produced or OneMALL authorized publications
OneMAll Return and Refund Policy
OneMAll refund policy is applicable only for marketable products (sealed and unused). You can raise a return request as per the return period mentioned for each product after the receipt of the product.
Unmarketable products (used) are not eligible for return and refund.
If the return request is processed successfully, the amount will be credited automatically to the source of funds.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder as applicable and various other statutes. This electronic record is generated by a computer system.
3.1. OneMALL hereby grants User a personal, non-exclusive, non-transferable, limited and revocable license (“Licence”) to:
3.1.1. use the App;
3.1.2. access the OneMALL goods and services available via the App (“Services”);
3.1.3. access the OneMALL mobile sites and websites available via the App (“Sites”) and
3.1.4. access the content available on or via the App (“Content”), subject to the terms of the Licence.
3.2. This Licence also governs any updates to, or supplements or replacements for, the App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
- Scope of Licence
4.1. This Licence permits User to use the App on a single smartphone or mobile device which is under User’s personal control, for the sole purpose of performing the functions of the App and accessing the Content and Services for User’s personal and or commercial use subject to these Terms (“Permitted Use”).
4.2. User shall not:
4.2.1. use or copy the App, Services, or Content other than as permitted by the Terms, or use the App, Services, or Content for any purpose other than the Permitted Use, or in any manner for which it was not intended;
4.2.2. modify, adapt, merge, translate, decompile, disassemble, or reverse engineer the App, Services, or Content except only to the extent that the applicable law provides that such cannot be prohibited;
4.2.3. transfer the App or Content to any third party or grant any third party any access to the App or Content or permit any person the right to use the App or Content;
4.2.4. reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the App, Services, or Content for any commercial or other purpose without the prior written consent of OneMALL; or
4.2.5. use, sell, assign, rent, sub-license, loan, mortgage, charge or otherwise deal in any way in the App, Services, or Content or any interest in them or under the Terms except as expressly provided in these Terms.
4.3. User understands and accepts that the Terms are strictly personal to User, and the App, Services and Content are not intended, designed or permitted to be used, accessed or exploited by User for any commercial purpose. Without prejudice to the generality of this clause 4, any User who is authorized by any written Agreement with OneMALL to sell or distribute any of OneMALL’s goods may utilize this App in the course of such sale or distribution of OneMALL’s goods.
5.1. This Licence shall continue unless and until terminated in accordance with these Terms.
5.2. This Licence shall terminate automatically if User fails to abide by any of these Terms or uses the App, Services or Content outside the scope of Permitted Use.
5.3. OneMALL has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate this Licence and/or User’s access to all or any part of the App, Services or Content, without assigning any reason.
5.4. Upon termination of this Licence, User shall uninstall the App and shall erase all copies of the App under User’s control or ownership and stored on any medium.
- Data Use & Privacy
6.1. Some functionality of the App may require the transmission of information provided by the User including user names and passwords, mobile numbers, addresses, e-mail addresses, financial information (such as credit card numbers) or GPS location (“User Information”).
6.3. All information User provides in connection with the App, Services or these Terms shall be current, true, accurate, supportable and complete. User shall promptly notify OneMALL in writing of any changes to such information.
6.4. The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a device for purposes of the App, for all transactions and other activities undertaken in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify OneMALL of any unauthorized
transactions associated with the App or any other breach of security. To the extent possible under the law, OneMALL shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a device or from unauthorized or fraudulent transactions associated with the App.
- Provision of App, Services, & Content
7.1. OneMALL reserves the right to change, modify, suspend or discontinue the whole or any portion of the App, Services, or Content at any time. OneMALL may also impose limits on certain features or restrict User’s access to part(s) or the entire App, Services, or Content without notice or liability.
7.2. OneMALL does not guarantee that the App, Services, or Content will be available at all times or at any given time.
7.3. From time to time OneMALL may run competitions, promotions and surveys via the App and Services, which may be subject to additional terms and conditions which you shall be notified of. By choosing to participate in such competitions, promotions or surveys, you shall be deemed to have accepted such additional terms and conditions and to have agreed to be bound under such additional terms and conditions.
7.4. The App work best with a minimum system requirement of:
∑ Android <version 4.4>
- Information handling
8.2. OneMALL may collect, use, preserve, and share the User’s information if OneMALL has a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our Users, its affiliates or others.
- Electronic Communications
9.1. When User uses the App or avail the App services or send any data, information or communication to OneMALL, User agrees and understands that User is communicating with OneMALL through electronic media/ records and User consents to receive communications via electronic records from OneMALL periodically and as and when required. OneMALL will communicate with User by email or any push or other message or electronic records on the email address and or mobile number available with OneMALL or
made available to OneMALL through a partner which will be deemed adequate service of notice / electronic record.
9.2. User acknowledges that specific consent to OneMALL or our respective affiliates and partners contacting User using the contact information User has provided to us at any time during your association with us for any purpose including the following purposes:
∑ To obtain feedback regarding the App;
∑ To contact User for offering new products or services, whether offered by OneMALL, or our respective affiliates or partners.
9.3 User acknowledge and agree that User may be contacted for the above purposes, using any of the contact details provided by User, including via emails, text messages or phone calls.
9.4 In the event User have indicated any ‘do not disturb’ preferences to his telecom service provider, and registered himself on the national customer preference register / ‘do not disturb’ or similar list, We request User to ensure that User registered preferences allow for communications to be sent to User in accordance with the above provisions.
- Warranties and Remedies
10.1. OneMALL makes no warranty that the App, Services, or Content will meet User’s requirements, be free from errors, viruses, malware or spyware, or that the operation of the App, Services or Content will be uninterrupted or error-free or that all errors in the App, Services or Content can be corrected.
10.2. User installs and/or uses the App and accesses the Services and Content at User’s own risk and in no event will OneMALL be liable for any loss or damage of any kind, including direct or indirect losses, lost profits or other consequential loss arising from the use of or inability to use the App, Services or Content or from errors, deficiencies, viruses, malware or spyware in it or from any problem caused by the App, Services or Content to any computer system, smartphone or mobile device, subject to any applicable restrictions imposed by law on such exclusion of liability.
10.3. The data and information made available on or through the App, Services and Content are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. User should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.
10.4. User agrees that the above exclusions and limitations of liability enable the App, Services and Content to be provided by OneMALL at either reasonable costs or no costs to User.
10.5. All queries, complaints or claims in respect of the App, Services or Content, including any issue relating to technical difficulties, support and maintenance, product liability, or non-compliance with consumer protection or other laws or regulations, shall be directed to and handled by OneMALL. If User has any queries or complaints or believes he/she has any claims against OneMALL in respect of the App, Services, or Content, please contact OneMALL at: firstname.lastname@example.org
- Intellectual Property
11.1. The copyright, patents, trademarks, registered designs and all intellectual property rights in the App, Services and Content including without limitation the copyright in the App and
Content, shall vest in and remain with OneMALL, and OneMALL reserves and retains all rights in the App, Services, and Content.
11.2. The trademarks, logos and service marks (“Marks“) displayed on the App, Services and Content are the property of OneMALL, and all rights to the Marks are expressly reserved by OneMALL. User is not permitted to use any Marks without the prior written consent of OneMALL. OneMALL and its group companies aggressively enforce their intellectual property rights to the fullest extent of the law. The name of OneMALL or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of OneMALL.
- Third-party linked sites, content & materials
OneMALL may provide links to third party sites that may be of relevance and interest to Users. OneMALL has no control over and is not responsible for the content on such sites or for any damage a User may incur from such sites (including any virus, spyware, malware, worms, errors or damaging material contained in such sites) or the availability of any content on such sites, and User hereby irrevocably waives any claim against OneMALL with respect to such sites.
- Data Charges
The App can be downloaded free-of-charge. The Content is also free. However, Users may incur data charges from the service provider when downloading the App or Content.
- Notification of Infringement
14.1. OneMALL reserves the sole right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the App, Services and Content (“Infringing Material”) and take appropriate action including any defense, settlement and/or discharge of such Infringement claim. If User believes that Infringement is occurring on the App, Services or Content, please notify OneMALL in writing immediately (“Infringement Notice”).
14.2. All Infringement Notices shall be sent to OneMALL addressed as follows: email@example.com
14.3. OneMALL will duly consider all Infringement Notices submitted in the above manner. In return, User agrees not to take any legal action or exercise any legal remedy User may have against OneMALL in respect of any Infringing Material, unless User has first given OneMALL the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter OneMALL refuses or fails to remove the Infringing Material within a reasonable time. Where OneMALL removes the Infringing Material in response to User’s Infringement Notice, User agrees not to exercise and hereby waives any right of action against OneMALL under applicable law which User may have in respect of any Infringing Material prior to such removal by OneMALL.
- Jurisdictional Issues
OneMALL makes no representation that the App, Services and Content are appropriate or available for use in all locations. Those who choose to install or access the App, Services and Content from any other location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
User agrees to indemnify and hold OneMALL and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
16.1. any installation, access and use of the App, Services and/or Content;
16.2. User’s breach of any terms and conditions of the Terms;
16.3. User’s violation of any rights of another person or entity; or
16.4. User’s breach of any statutory requirement, duty or law.
If any provision of these Terms is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms shall continue in force save that such provision shall be deemed to be deleted.
- Relationship of Parties
Nothing in these Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between OneMALL and User and neither party shall have any authority to bind the other in any way.
19.1. No waiver of any rights or remedies by OneMALL shall be effective unless made in writing and signed by an authorized representative of OneMALL.
19.2. A failure by OneMALL to exercise or enforce any rights conferred upon it by these Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
- Rights of Third Parties
A person or entity who is not a party to these Terms shall have no right to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. Notwithstanding the foregoing, the consent of any third party is not required for any variation (including any release or compromise of any liability) or termination of these Terms.
- Force Majeure
21.1. No party shall be liable for any failure to perform its obligations under these Terms if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
21.2. For purposes of these Terms, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under these Terms. Such circumstance or event shall include industrial action or labor disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
- Governing Law & Jurisdiction
22.1. These Terms and all matters relating to User’s access to, or use of, the App, Content and the Services shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflicts of law.
22.2. The User irrevocably consents to the exclusive jurisdiction of the courts of New Delhi (India) for purposes of any legal action arising out of or related to the use of the App or these Terms.
- Contact OneMALL
24.1. Any questions, complaints or claims regarding the App should be directed to: firstname.lastname@example.org
How We May Collect or Receive Personal Data from You
Registration. OneMALL collects your personal data through the registration form that you complete and send to us in paper form or electronically through the OneMALL App in order to become a member or user.
Logged in as a member or user. If you are logged in on the Mobile App as a member or user we may collect your personal data from you, for example, when you order products or services.
Contacting Us. You may also choose to submit your personal data and other information to us through various communication channels provided on the Contact Us webpage of the Website, for example, OneMALL e-mail addresses, telephone numbers or online forms.
The Types of Personal Data We May Collect
We ask or collect the following personal data from you:
- Contact information (e.g., name, postal or email address, fax number and phone number);
- Gender, age, nationality, date and place of birth;
- Photo, Camera Access for Photo Capture.
- Marital Status
- member or user registration number, username;
- Address Proof, ID Proof which may be Passport,Aadhar No, Driving License, Voter ID Card, Electricity Bill etc permitted by applicable law;
- member or user performance information (e.g., class, status, group and personal qualifications under the OneMALL Marketing Plan and financial/bonus history);
- Product preferences, purchasing habits, purchasing history and spending behavior;
- PAN Number for submitting TDS of a members and taxation purpose
The Types of Sensitive Personal Data We May Collect
We may collect the following Sensitive personal data from you:
- OneMALL Passwords for accessing our Site
- Payment information (e.g., such as bank account or credit card numbers);
- We may collect other personal data in exceptional circumstances only. If we do need to process such personal data about you, we will make sure that there is a valid legal basis for doing so (e.g. your explicit consent).
How We Use the Personal and Sensitive Data We Collect
We may use the information we obtain about you to:
- To manage your registration as a member or user.
- Create and manage your online account and respond to your inquiries;
- Process your orders of products or services;
- Communicate with you (e.g., about products or services that we offer, or intend to offer);
- Operate, evaluate and improve our business, including by:
- Evaluating your satisfaction with our current communications, materials, products and/or services;
- Developing new products and services and determining the effectiveness of our advertising; and
- Tracking and analyzing your use of products, materials and/or services;
- Track, document and analyze your line of sponsorship;
- Assessing your performance under your OneMALL Business or Member Registration Agreement with us;
- In case of a member, provide business performance information to you (e.g., information on your line of sponsorship, purchase volumes, earned bonuses, levels of awards, your referring member or, and your upline member under the OneMALL Sales and Marketing Plan);
- In case of a member, provide your name, address, telephone number or e-mail address to OneMALL Members in both your upline and your downline.;
- In case of a user, provide information to you related to your purchases and under the loyalty program.
- In case of user, your name, address, telephone number or e-mail address to your Servicing Distributor.
- Perform accounting, auditing, billing and collection activities;
- Enforce contractual terms and conditions;
- Protect against and prevent fraud, unauthorized transactions, claims and other liabilities; and
- Comply with applicable legal requirements, industry standards, and our policies.
- If you choose not to provide your personal data or withdraw consent in writing subsequently, we may not be able to provide the above services and reserve the right to terminate the member or user contract with you.
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to assist sellers in handling and fulfilling orders, enhancing customer experience, resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize and enhance your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
With your consent,contacts in your directory, Call request for the opening dialer to our call centers(CALL_PHONE), location and device information and we may request you to provide your PAN and Know-Your-Customer (KYC) details to check your eligibility for certain products/services including but not limited to credit and payment products etc.to enhance your experience on the platform and provide you access to the services being offered by us, our affiliates or lending partners. Access, storage and use of this data will be in consonance with applicable laws. You understand that your access to these products/services may be affected in the event consent is withdrawn.
In our efforts to continually improve our product and service offerings, we and our affiliates collect and analyse demographic and profile data about our users’ activity on our Website.
We identify and use your IP address to help diagnose problems with our server and to administer our Website/Mobile App. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to complete optional online surveys. These surveys may ask you for personal information, contact information, date of birth, demographic information (like zip code, age, or income level), attributes such as your interests, household or lifestyle information, your purchasing behavior or history, preferences, and other such information that you may choose to provide. We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.
How We May Share Personal and Sensitive Data
OneMALL does not sell, rent or trade or publish your personal and sensitive data except as required by law. OneMALL may share your personal and sensitive data only with:
- Entities within the OneMALL group to whom it is reasonably necessary or desirable for OneMALL to disclose personal and sensitive data;
- OneMall share order details and address to third party courier/Order fulfillment partners to process your orders
- Government authorities or other third parties, if required by law or reasonably necessary to protect the rights, property and safety of others or ourselves.
How We May Share Personal Data
- For OneMALL Members
With OneMALL Members in your upline or downline organization, to support your business and/or allow communication regarding product advice, ordering advice and product information for the products that you order from OneMALL; and
How We Protect Personal Data
We maintain appropriate technical and organizational security safeguards designed to protect the personal data you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
How Long We Retain Personal Data
We store personal data for as long as necessary to fulfill the purposes for which we collect the data (see above under How We Use the Personal Data We Collect), except if required otherwise by law.
Your rights under applicable law may include access to the personal data we process about you and the right to have such personal data corrected.
How to Contact Us