Terms of service
1. PLATFORM
1.1. Please note that the website having the domain name Missly.in and the application name under the name and style of ‘Missly’ (collectively referred to as the “Platform”), are owned, managed and operated by Missly Designs, a sole proprietorship company registered under MSME, having its registered office at Abbaiah Reddy Layout, Kaggadasapura, Bangalore, India (hereinafter collectively referred to as “We”, “Company”, “Us”, or “Our”).
2. GENERAL TERMS
2.1. For the purpose of these Terms of Use, wherever the context so requires, the terms “You”, “you”, “Your”, “your”, or “User” shall mean and include any person who visits, browses, uses, or accesses the Platform, avails any of the Services (as defined below), purchases Goods (as defined below), or registers himself/herself on the Platform by creating an account (“Account”).
2.2. The Platform operates as a direct-to-consumer (D2C) digital commerce platform, whereby the Company offers and sells its own branded Goods directly to Users through the Platform. The Company is the seller of record for all Goods listed on the Platform and is responsible for the sale, pricing, order fulfilment, shipping, and delivery of such Goods to the Users. The Services provided through the Platform include, inter alia, enabling Users to browse Goods, place orders, make payments, and receive delivery of the Goods purchased, in accordance with these Terms of Use (collectively, the “Services”).
2.3. You are requested to read these Terms of Use carefully before accepting the same and proceeding to use or access the Platform or avail any of the Services.
2.4. By availing the Services on the Platform and/or by visiting, viewing, accessing, or otherwise using the Platform or any information created, collected, compiled, or submitted thereto, you are deemed to have agreed to these Terms of Use and all applicable policies of the Company.
2.5. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE REFRAIN FROM USING OR ACCESSING THE PLATFORM, REGISTERING AN ACCOUNT, OR AVAILING ANY OF THE SERVICES.
2.6. These Terms of Use shall be read together with:
(i) the Privacy Policy, as available on the Platform;
(ii) any guidelines, instructions, rules, terms, conditions, policies, or procedures issued by the Company from time to time in relation to the Platform or the Services; and
(iii) any other agreement or arrangement entered into between the User and the Company in relation to the purchase of Goods or availing of the Services
(collectively referred to as the “Company Documents”).
It is clarified that the Company Documents shall form an integral part of these Terms of Use and shall be deemed to be incorporated herein by reference and shall together constitute the entire legally binding agreement between You and the Company in connection with your access to or use of the Platform and the Services.
2.7. The Company reserves the right to change, modify, amend, or update these Terms of Use, at its discretion, from time to time. Any such amendments shall be effective immediately upon being posted on the Platform. The Company shall make reasonable efforts to notify Users of material changes, including periodic updates, at least once in a year.
2.8. It is clarified that the Company may, from time to time, modify the scope, extent, or nature of the Services offered on the Platform. You may determine when these Terms of Use were last revised by referring to the “Last Updated” date at the top of these Terms of Use. Continued use of the Platform following such changes shall constitute your acceptance of the revised Terms of Use. It is the User’s responsibility to review these Terms of Use periodically.
3. DEFINITIONS
“Account” shall mean the user account/profile created by a User on the Platform by submitting User Data, in accordance with the terms specified under Clause 4 (Creation of Account).
“Applicable Laws” shall mean any applicable statute, law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement, or other governmental restriction having the force of law, including any interpretation, policy, injunction, permit, or decision of any central, state, or local authority, court, or governmental agency having jurisdiction over the relevant matter.
“Buyer” shall mean any User who accesses, browses, uses, or purchases Goods offered for sale by the Company on the Platform by placing an order in accordance with these Terms of Use.
“Force Majeure Event” shall mean any event beyond the reasonable control of the Company, including but not limited to acts of God, natural calamities, epidemics, pandemics, war, armed conflict, invasion, hostilities, civil unrest, riots, strikes, lockouts, labour disputes, governmental actions, changes in Applicable Laws, technical or operational failures, or other events that materially restrict or delay the provision of Services on the Platform.
“Goods” shall mean new clothing, apparel, accessories, or related fashion products offered for sale by the Company on the Platform.
“Logistics Partner” shall mean any third-party logistics or delivery service provider engaged by the Company for the purpose of shipping and delivering the Goods purchased on the Platform to the Buyer.
“Seller” shall mean Missly Designs, being the owner of the Platform and the entity selling the Goods directly to Users under the direct-to-consumer (D2C) model.
“User” shall mean any person who visits, accesses, browses, registers on, or uses the Platform and/or avails the Services.
“User Data” shall mean such data and information as may be required by the Company for registration, account creation, order processing, delivery, payment, or provision of Services, including name, contact details, address, and payment-related information, in accordance with the Privacy Policy and Applicable Laws.
4. CREATION OF ACCOUNT
4.1. To avail the Services on the Platform, the User is required to create an Account and become a registered user.
4.2. To create an Account and complete the registration process, the User must provide personal information that allows the Company to identify the User, including but not limited to: name, gender, address, postal/ZIP code, age, phone number, email address, payment information (if applicable), and any other information deemed necessary to provide the Services. In the event of cancellation or withdrawal of registration, the Company may retain such information for a period of 180 (one hundred eighty) days from the date of cancellation or withdrawal.
4.3. By providing your contact number, you consent to being contacted by the Company via phone calls, SMS, or instant messaging services (including WhatsApp) for updates regarding purchase orders, shipment of Goods, and delivery-related communications.
4.4. By creating an Account or completing the sign-up process on the Platform, you acknowledge and agree to be bound by these Terms of Use, the Privacy Policy, and all other Company Documents posted on the Platform.
4.5. You agree to provide accurate, complete, and up-to-date information when creating your Account and when availing any Services on the Platform, including at the time of purchase. You shall update your information promptly whenever there are changes or as requested by the Company. If any information provided by you is found to be false, inaccurate, incomplete, or not current, or if the Company has reasonable grounds to suspect such, the Company may, at its sole discretion, suspend or terminate your Account indefinitely or block access to the Platform. The Company is not responsible for ensuring the accuracy or completeness of User-provided information, and any reliance on such information is at the User’s own risk.
4.6. You agree to log out of your Account at the end of each session to ensure the security of your data and the Company’s data. The Company reserves the right to suspend or terminate your Account immediately and indefinitely if there is reason to believe that your User Data is incorrect or false, your Account security has been compromised, there is a breach of these Terms, or your Account is being used without authorization by a third party.
4.7. You are solely responsible for maintaining the confidentiality of your Account credentials, including your username, password, and login details. You are fully responsible for all activities that occur under your Account. You must immediately notify the Company of any unauthorized use of your Account or any breach of security. The Company shall not be liable for any loss or damage arising from your failure to comply with these obligations.
4.8. Upon receiving notice or becoming aware of any unauthorized or potentially unauthorized use of an Account, the Company may, at its sole discretion, take action to block access to the Account and take any other actions as required under Applicable Laws.
5. PRIVACY
5.1. By using and accessing the Platform and/or availing the Services offered on the Platform, you agree to provide the Company with certain personal information and data, some of which may not be publicly available. The Company respects the privacy and confidentiality of such information. The collection, use, disclosure, and processing of your information are governed by the Company’s Privacy Policy, which is available at https://missly.in/policies/privacy-policy. By using the Platform or availing the Services, you expressly agree to the terms and conditions of the Privacy Policy.
5.2. The Company will collect, use, disclose, and process your personal information solely in accordance with the Privacy Policy. You acknowledge and agree that certain information may be shared with third parties only to the extent necessary to provide the Services or as required under the Privacy Policy and applicable laws.
6. USE OF PLATFORM
6.1. For the use and access of the Platform, whether or not for provisions of availing the Services on the Platform, in any manner, You must be 18 (eighteen) years of age or older. For this purpose, you agree that by visiting the Platform or accepting these Terms of Use, you represent and warrant to the Company that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Platform and avail Services and agree to and abide by the Terms of Use as provided herein. In the event where the User is under 18 (eighteen) years of age, he/she may use or access the Platform and avail the Services on the Platform only with involvement of a parent or a guardian. Further, the use and access to the Platform can be availed only by such individuals or business entities, including sole proprietorship firms, companies and partnerships, who can form and enter into a ‘valid contract’ as per the conditions set forth under Indian Contract Act, 1872. It is hereby expressly clarified that the persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, persons disqualified by law or of unsound mind, etc. are not eligible to use the Platform.
6.2. The Company grants the Users a personal, non-exclusive, non-transferable, limited access to enter and use the Platform and avail the Services of the Platform and You agree that you shall be responsible to act lawfully, diligently and honestly at all times when you access and use the Platform. Further, You shall be responsible for all activities that occur in your Account in furtherance to your use of the Platform and/or availing the Services and for complying with all the Applicable Laws, as amended from time to time, and applicable to your use of the Platform and/or availing the Services.
6.3. You agree that you shall not interfere with, jeopardise, disrupt or harm the Platform and/or Services and that you shall not intercept, expropriate, re-use, steal or re-utilise any system, data, graphic media, coding or information comprised in or provided to you via the Platform and/or Services and, at all times, comply with the Terms of Use and other policies of the Platform.
6.4. We will provide you with any help you may reasonably require to access the Platform but We shall not be responsible if you are unable to access any section of the Platform or the Services for any reason. We do not guarantee you access to the Platform at any and all times. We do not guarantee that while you are accessing the Platform, your access will be uninterrupted, without delay/interference, secure and/or error-free. Accordingly, We reserve the right, at any time, to suspend or discontinue the Platform and/or the Services for any reason without incurring any liability or obligation to you.
6.5. If We reasonably believe that your Account and password is being used / misused in any manner, We reserve the right to cancel your right to access the Platform immediately without notice, and block access to all users from that particular IP address. You agree to notify Us and the Platform immediately of any unauthorized use of your Account or any other breach of security. We shall not be liable for any loss that you may incur as a result of someone else using your Account. However, you could be held liable for all the losses, claims and liabilities incurred by the Company due to someone else using your Account.
6.6. Further, by using the Platform or sending emails, data, information or communication to the Platform through the Platform, you consent to receiving communications via electronic records from Us periodically and as and when required.
6.7. The information and Services shall not be used for any illegal purpose by You. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Platform. You may not use any automated means (such as a scraper) to access the Platform, the information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Account. Any attempt by any individual or entity to solicit login information of any other user of the Platform or to access any such Account is an express and direct violation of these Terms of Use and of Applicable Law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
6.8. We may, at Our sole discretion, suspend the User’s ability to use or access the Platform at any time while We investigate complaints or alleged violations of these Terms of Use, or for any other reason.
7. CODE OF CONDUCT
7.1. Under these Terms of Use, the User agrees not to host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and in relation to which it does not have any right of use;
(b) infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any person and privacy rights of any person;
(c) is false or misleading in any way;
(d) violates any law for time being in force;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain mail” or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or abusive, obscene, defamatory or libellous conduct;
(h) solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
(i) harms minors in any way;
(j) 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;
(k) deceives or misleads the other Users of the Platform about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(l) 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;
(m) promotes an illegal or unauthorized copy of another person’s copyrighted work;
(n) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(o) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(p) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, Account information, bulletins, friend request, or other areas of the Platform or solicits passwords/ log-in information or personal identifying information for commercial or unlawful purposes from other users; and
(q) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, application, software contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
7.2. The User agrees not to:
(a) reveal/disclose confidential or proprietary information of other users, the Company or any third party when the User receives or comes in possession of such confidential or proprietary information;
(b) incorporate any computer contaminant, software virus or any computer code or file or program on the Platform designed to interrupt, destroy or limit the functionality of the Platform;
(c) incorporate or introduce any program on the Platform that might infringe the intellectual property rights of any other User and/or of the Company/ Platform;
(d) download, copy, or reproduce any file or information available on the Platform which the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed;
(e) in any way, deface or vandalize the Platform or prevent or restrict others from using the Platform; (f) stalks, threaten or harass any other User or infringe upon or attempt to infringe upon their privacy;
(g) infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy, of the Company/ Platform, other Users of the Platform or any third Party;
(h) impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;
(i) 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; and
(j) create liability for the Company/ Platform or cause the Company/ Platform to lose (in whole or in part) the services of its internet service provider or other suppliers.
7.3. It is also clarified that 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 Platform or any service, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
7.4. You agree that you shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature pertaining to availing of Services or any other systems or networks connected to the Platform or to any server, computer, network, or to any services offered on or through the Platform, by hacking, password “mining” or any other illegitimate mean.
7.5. You agree that you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other client/customer/user/member of the Company/ Platform including any Account on the Platform not owned/operated/managed by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, 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 Platform.
7.6. You agree that you shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and as amended from time to time and, also all Applicable Laws, rules and regulations and international laws, statutes, ordinances and regulations regarding availing of the Services and the transactions between you and the Company through the Platform. Further, you agree that you shall not solicit (directly or indirectly) any other Users of the Platform to avail the Services of the Platform being displayed on the Platform, either independently or through a third party except through the Company/ Platform.
7.7. You agree that you shall not make any negative, denigrating or defamatory statement and/or comment about the Platform/ Company or the brand name or domain name used by the Company/ Platform or otherwise engage in any conduct or action that might tarnish the image, goodwill or reputation of the Platform/ Company or other Users on the Platform or other business partners of the Company or otherwise tarnish or dilute any of the Company’s 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 the Company.
7.8. You agree that you shall not use the Platform or any content thereof for any purpose which is unlawful or prohibited by the Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company, its Users and/or other third parties.
7.9. The User shall indemnify and hold harmless the Company, its owners, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from all losses, claims, damages, penalties, costs, expenses, demands, actions (including reasonable attorneys’ fees) suffered or incurred by the Platform due to or arising out of breach of these Terms of Use and other policies of the Company.
7.10. To enable the use of your information supplied by you to us, so that usage of any such information by Us is not construed as a violation of any rights, 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 the policies of the Company/ Platform applicable to the use of the Platform.
8. TERMS RELATED TO SERVICES
8.1. General Terms Related to Services
8.1.1. The Platform facilitates the sale of Goods by the Company to the Buyer through the Platform. The User agrees that the sale and purchase of the Goods shall be additionally governed by specific policies, guidelines and instructions as provided under these Terms of Use and/or in the Company Documents. The User agrees to abide by the terms and conditions of such policies, guidelines and instructions, as may be applicable to such User under the terms contained herein.
8.1.2. Please note that the Company grants You a limited, non-transferable and non-exclusive licence to use and access, and make personal use of, the Platform, but not to modify it, or any portion of it, in any manner, except with the express written consent of the Company.
8.1.3. The Company endeavours to ensure that the description, particulars and other content in respect of the Goods on the Platform are accurate, complete and up to date. However, the Company does not warrant that such information shall be entirely error-free at all times and reserves the right to correct any inadvertent errors, inaccuracies or omissions relating to the Goods.
8.1.4. The User acknowledges and agrees that the Company shall not be treated as an arbitrator or judge of disputes concerning intellectual property raised by third parties. The Company encourages Users to notify it of any content or listing on the Platform which, according to the User’s knowledge or belief, infringes any intellectual property rights of the User or of any third party.
8.1.5. The Company does not provide any endorsement beyond offering the Goods for sale on the Platform and shall not be deemed to provide any additional warranty or guarantee except as expressly stated under applicable law or the Company’s policies. Any visibility, placement or display of Goods on the Platform may be determined through automated systems, including relevance to the User, availability of products, and browsing behaviour, and does not constitute preferential treatment of any kind.
8.1.6. You agree that the contract for sale of the Goods shall form a separate and independent bipartite agreement between the Buyer and the Company. The Company shall be responsible for fulfilling such sale in accordance with these Terms of Use, applicable laws and the Company’s policies. At no time shall the Platform be considered to merely host third-party transactions in relation to the sale of Goods offered by the Company on the Platform.
8.1.7. It is expressly clarified that, in relation to the sale of Goods offered by the Company, the Platform enables Users to place orders directly with the Company. You agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors and agents against any losses, liabilities, claims, damages, demands, costs and expenses arising out of the User’s breach of these Terms of Use, misuse of the Platform, or violation of Applicable Laws.
8.1.8. It is hereby expressly agreed and understood by the User that:
(i) all commercial and contractual terms relating to the sale and purchase of the Goods, including without limitation price, delivery timelines, return terms and warranties, are determined and disclosed by the Company;
(ii) the Platform does not permit negotiation of such commercial or contractual terms by individual Users;
(iii) any discounts, offers or promotions displayed on the Platform are offered by the Company in accordance with its policies;
(iv) the Company makes no representation beyond what is expressly stated on the Platform with respect to the Goods, subject to applicable consumer protection laws;
(v) the Platform does not guarantee uninterrupted availability of Goods listed for sale;
(vi) the Company does not transfer title of the Goods until completion of the sale, and may temporarily hold returned or cancelled Goods in accordance with Clause 9 without such holding amounting to transfer of ownership;
(vii) the Company shall have obligations and liabilities only to the extent expressly stated under these Terms of Use, its policies and Applicable Laws; and
(viii) pricing of Goods may, due to technical issues or typographical errors, be incorrectly reflected on the Platform, and the Company reserves the right to correct such errors without incurring liability.
8.1.9. The User undertakes that the User shall use the Platform and the Services only for availing the Services and shall not permit the Account or Services to be used by or for the benefit of any third party without the Company’s prior written permission. The User shall be responsible for:
(i) providing accurate data and information as requested by the Platform; and
(ii) using the Platform and availing the Services in compliance with all Applicable Laws and regulations.
8.1.10. In respect of the Services, the User may be permitted to provide feedback, ratings, reviews and particulars relating to their experience (“Feedback”), which the Company may or may not publish at its sole discretion. The Company disclaims all liability in respect of the content of such Feedback and does not endorse any opinions or experiences expressed therein.
8.2. Terms Relating to Listing of Goods on the Platform
8.2.1. The Platform enables the Company to list and offer the Goods for sale to Buyers through the Platform. For this purpose, the Company shall list the Goods intended to be sold to Buyers in accordance with these Terms of Use and the Company Documents (“Listing of Goods”).
8.2.2. The Listing of Goods for sale on the Platform shall be in accordance with these Terms of Use and the Company Documents available on the Platform, which are incorporated herein by reference.
8.3. Terms Related to Placement of Purchase Orders by the Buyer
8.3.1. The Buyer may select the Goods desired to be purchased and add such Goods to the cart provided on the Platform (“Goods Cart”). After adding the Goods to the Goods Cart, the Buyer may place the order by confirming the delivery address and contact details and proceeding to make payment using the payment methods made available on the Platform. The Buyer shall be able to view the selling price, applicable shipment charges and taxes before placing the purchase order.
8.3.2. The Goods listed on the Platform may be purchased by the Buyer by making payment towards the selling price and applicable shipment charges through the payment methods offered on the Platform, in accordance with Clause 11 (Payment Terms).
8.3.3. The Company shall not be responsible for any delay in delivery of the Goods to the Buyer due to the Goods being out of stock, unavailable or back-ordered.
8.3.4. The Buyer agrees to pay the shipment charges, as displayed on the Platform at the time of placing the order. Such charges shall be determined based on the weight of the Goods and the delivery location of the Buyer (“Shipping Charges”).
8.4. Pick-up and Delivery Terms
8.4.1. Upon successful payment by the Buyer, the Company shall notify the Buyer regarding confirmation of the order through electronic communication and initiate the fulfilment process for delivery of the Goods.
8.4.2. Upon receipt of payment, an automated confirmation shall be sent to the Buyer, and the Company or its authorised logistics partner shall initiate delivery of the Goods to the Buyer’s address.
8.4.3. The Company shall be responsible for packaging of the Goods in accordance with Applicable Laws. The Company shall comply with all labelling requirements under Applicable Laws, including but not limited to the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011.
8.4.4. Where delivery of Goods is undertaken through the Company’s authorised logistics partner, the Company shall coordinate pick-up and delivery of the Goods in accordance with its internal operational processes.
8.4.5. The Company shall not be responsible for normal wear and tear or misuse of the Goods by the Buyer after delivery. For the purpose of delivery and customer support, the Company or its authorised logistics partners may contact the Buyer via telephone, email or instant messaging services (including SMS and WhatsApp).
8.5. Terms Related to Customer Service
8.5.1. The Company shall use electronic communication, including e-mails, as a primary mode of communication with Users and may use automated communication systems during various stages of the order and delivery process.
8.5.2. Users may contact the Company by accessing the Customer Care or Support section on the Platform at www.missly.in
, which provides the official customer support email address and customer care contact number.
9. CANCELLATION AND REFUND POLICY
9.1. Once an order is placed by the Buyer and payment is successfully made, such order may be cancelled or returned only in accordance with the Company’s Refund Policy and subject to the conditions specified therein. Without prejudice to the foregoing, cancellation or return may be permitted in cases where the Goods delivered to the Buyer:
(a) do not match the description provided on the Platform;
(b) are defective or damaged at the time of delivery;
(c) are different from the Goods ordered by the Buyer;
(d) are missing from the delivered package; and/or
(e) have not been dispatched by the Company within the timelines specified on the Platform.
It is clarified that returns or refunds shall not be permitted merely on the basis that the Buyer does not like the Goods, unless expressly provided under the Company’s Refund Policy.
9.2. At the time of delivery, it shall be the responsibility of the Buyer (or any person accepting delivery on behalf of the Buyer) to inspect the Goods and ensure that the correct Goods, as ordered, have been delivered. In the event of any issue as stated under Clause 9.1, the Buyer shall notify the Company of such grievance within forty-eight (48) hours from the time of delivery.
If no grievance is raised within forty-eight (48) hours, the Goods shall be deemed to have been delivered in satisfactory condition, and the Buyer shall not be eligible for cancellation, return or refund thereafter, except as required under Applicable Law.
9.3. Upon receipt of a valid grievance raised in accordance with Clause 9.2, the Company shall review the complaint and, where required, arrange for return pickup through its authorised logistics partners. Upon successful pickup and verification of the returned Goods, the refund shall be processed to the original payment method or in such manner as specified in the Refund Policy, within the timelines stated therein.
9.4. This Clause 9 shall be read in conjunction with the Company’s separate Refund Policy, available on the Platform, which forms an integral part of these Terms of Use. In the event of any inconsistency, the Refund Policy shall prevail to the extent of such inconsistency, subject to Applicable Laws.
10. USER’S CONTENT
10.1. It is hereby clarified that by way of uploading and posting any content on the Platform, the User grants the Company a non-exclusive, worldwide, perpetual and transferable license to use such content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with Applicable Law, use the content or any of its elements for the purpose of providing Service(s) to the Users, including but not limited to promotional and advertising purposes. We reserve the right to edit or remove any material submitted/ posted to the Platform, or stored on our servers, or hosted or published upon the Platform.
10.2. You agree that You are solely responsible for any content sent or transmitted by You or displayed or uploaded by You while using the Services and for compliance with all Applicable Laws pertaining to such content, including, but not limited to, laws requiring You to obtain the consent of a third party to use such content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the content on the Platform and that such use does not violate or infringe any rights of any third party.
10.3. In case any content is considered to be unlawful or against the law within any jurisdiction in which the Platform can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
10.4. Although the Company is not responsible for any content uploaded by the User on the Platform, however, the Company at its own discretion may delete any such content or choose to not transmit any such content, at any time without notice to the User, if it becomes aware that such content violates any provision of this Terms of Use, or any Applicable Law.
10.5. The User hereby acknowledges that it is solely responsible for any content uploaded by the User on the Platform and shall be solely liable for any consequences arising out of publicly displaying, transmitting or sharing such content, including, but not limited to any claims, costs, losses, damages, expenses, judgments, any other possible conflicts, disputes, or issues arising out of or related to such content.
10.6. Posting/uploading of any information or material or content on the Platform, which is harmful, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, profane, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any User found to be involved in such activity on the Platform shall solely be liable for actions under the Applicable Laws.
11. PAYMENT TERMS
11.1. For the purpose of making payments towards the Selling Price and the Shipping Charges, the Buyer can make such payments via any one of the following methods of payment: (a) Credit/Debit Card; (b) Net Banking; or (c) any other mode of electronic payment as provided on the Platform. We shall not be liable for any lost amount, or any other loss arising in the transaction.
11.2. Please note that any payment and transaction in respect of the purchase of Goods under these Terms of Use may be facilitated by or through third-party payment processors, online fund transfer facility through banks or credit cards or mobile and internet-based payment/ commerce platforms or authorized payment gateway networks as recognized and authorized by the Reserve Bank of India (“Payment Facilitators”). In this respect, it is clarified that services of Payment Facilitators are utilized for the purposes of making any payment transaction in respect of the purchase of Goods under these Terms of Use and use of such services of Payment Facilitators shall not render the Platform liable or responsible or assume any liability, whatsoever in respect of any loss or damage, arising directly or indirectly to the User on account of (i) lack of authorization for any transaction(s); (ii) exceeding the pre-set limit mutually agreed by and between the User and his/ her bank; (iii) any payment issues arising out of the transaction; (iv) decline of transaction for any reason; or (v) for any other reason whatsoever.
11.3. The Users understand, accept and agree that the payment facility provided by the Company on the Platform through its Payment Facilitators is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the Platform. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount.
11.4. It is agreed between the Parties that all payments made against the services on the Platform shall be in INR and the Platform shall not facilitate transaction with respect to any other form of currency for the payment to be made to avail the Services.
11.5. Any payment in respect of Services or purchase of Goods shall be subject to applicable tax laws of India. It is clarified that the Company merely collects the payment on behalf of the Supplier. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the documents are being charged and determined by the Seller. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Seller.
11.6. If You have any queries in relation to any issue, you can call our help desk at +91-9354688232 or email Us at support@missly.in or contact our customer support executives through the contact details provided on the Platform (“Customer Care/ Support”).
12. INDEMNITY
In addition to and not in derogation of the specific indemnities provided by You to the Company under these Terms of Use and/or policies of the Company, You agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users, and agents, etc., against any and all Losses arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/Platform, to the extent such Losses are based on or arising out of or in connection with:
(a) any breach or non-performance of any of the Terms of Use and/or other terms and conditions of the Company/Platform with respect to use and access of the Platform and availing of Service(s);
(b) truthfulness and correctness of the data and information provided by the User during onboarding or while availing the Service(s);
(c) any claim which the User may have with respect to transactions, dealings, or arrangements with another User of the Platform or with a third party;
(d) any content posted by the User on the Platform and the User’s use of the Service(s) available on the Platform; and/or
(e) breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property rights).
13. INTELLECTUAL PROPERTY RIGHTS
13.1. For the purpose of these Terms of Use herein, the terms “IPRs” or “Intellectual Property Rights” shall mean, on a worldwide basis, all patents, copyrights, trade secrets, service marks, trademarks, trade names, trade dress, trademark applications and registrations, internet domain names, design rights, and all other proprietary and intellectual property rights as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any Applicable Law.
13.2. It is further acknowledged and agreed by you that all the IPRs in all material presented on the Platform, including but not limited to text, audio, video or graphical images, interfaces, graphics, design, compilation, information, computer code, products, software, downloadable software, trademarks, logos, and all other material appearing on the Platform are the property of the Company, its parent, affiliates and associates, and are protected under the applicable Indian laws. The Company agrees that all intellectual property provided by Users shall belong to the Users. The Company shall have no right or claim over such intellectual property.
13.3. It is hereby clarified and agreed by you that:
(i) the Company/Platform owns all the intellectual property rights in and relating to the Company/Platform and Services offered through the Platform, and your use of the Platform and/or availing of Services does not grant or confer you any rights in relation to our IPRs or our affiliates’, licensor’s, or suppliers’ IPRs;
(ii) the structure of the Platform shall not be reproduced, distributed or published, in whole or in part, by you for any purpose, other than in connection with your private use of the Platform and/or availing of Services. You shall not copy, reproduce, download, publish, adapt, create derivative works, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way, any IPRs or content in relation to the Platform and/or availing of the Services or the computer codes or elements which comprise the Platform;
(iii) by using, accessing or visiting the Platform and/or availing the Services, you acknowledge and agree that the general layout, content and design of the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and these Terms of Use do not grant to you any rights to any IPRs in respect of the Platform or any content;
(iv) the User cannot create any derivative work or technology based upon any IPRs, confidential or proprietary information of the Company/Platform;
(v) the User cannot adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of the Company/Platform or take any other action that infringes upon or impairs the Company’s trademark (whether registered or unregistered) or other IPRs; and
(vi) other than as set out in this clause and the Platform’s policies, you are not permitted to use any of our intellectual property rights without our (and our affiliates’, licensor’s, or suppliers’) prior written consent.
14. TERMINATION
14.1. You agree that the Company, in its sole discretion and for any reason, including, inter alia, without limitation, if you breach these Terms of Use, may terminate your access to and use of the Platform at any time. You agree that any termination of your access to the Platform and/or suspension/termination of your Account may be effected without prior notice, and in this respect the Company/Platform shall not be liable to you for any such termination. Your right to use the Platform immediately ceases upon termination of your access/use of the Platform.
14.2. The provisions of these Terms of Use shall continue to apply until terminated by either Party. In case a User wishes to terminate these Terms of Use, the User may do so by: (i) not accessing the Platform; and/or (ii) closing their Account.
14.3. We reserve the right, at any time, with or without notice, to terminate these Terms of Use against the User if:
(i) there is any breach of Applicable Law(s) or the provisions of these Terms of Use, or the terms of the Company Documents, or any other terms, conditions, or policies applicable to the User from time to time (or the User has acted in a manner that clearly shows that the User does not intend to, or is unable to, comply with the same);
(ii) any information provided by a User during the registration process or thereafter proves to be inaccurate, misrepresented, not current, or incomplete and/or the Platform is unable to verify or authenticate such information;
(iii) we believe, in our sole discretion, that the User’s actions may cause legal liability to the Company/Platform (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are engaged in any fraudulent, negligent, or derogatory actions contrary to the interests of the Company;
(iv) unreasonable instances of returns and/or cancellation of orders initiated by any User;
(v) we are required to do so by law; or
(vi) the User fails to provide, or after providing, later revokes the consents necessary or desirable for the Company to provide the Services to the User.
14.4. You acknowledge and agree that the Company may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Services. Further, you agree that the Company shall not be liable to you or any third party for any termination of your Account or denial of access to the Services/Platform. In the event of termination of your Account by the Company due to any of the aforementioned reasons, the Company shall have the sole discretion to terminate or cancel any pending transactions or activities of the User without any liability to the Company.
14.5. The Company does not permit copyright-infringing activities on the Platform and reserves the right to terminate access to the Platform and remove all content submitted by any persons found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have under law, contract, and/or equity.
14.6. The Company shall remove the User Data from its database within twenty-four (24) hours of termination of these Terms of Use.
14.7. The User is entitled to terminate this legal relationship at any time by deletion of the Account, thereby disabling the use of the Platform/Services.
15. LIABILITY
15.1. In no event shall we, or our officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action, or any other claim arising out of or in connection with your use of or access to the Platform; availing of Service(s); or any interaction, communication, dealing, or transaction between you and other Users of the Platform or any third party, including transactions between the Buyer and the Seller.
15.2. You release and indemnify the Platform/Company and/or any of its officers and representatives from any Losses, liability, or other consequences of any actions of other Users of the Platform, and specifically waive any claims you may have in this regard under any Applicable Law. Notwithstanding its reasonable efforts, the Company/Platform cannot take responsibility for or control the information provided by other Users, which is made available on the Platform.
15.3. The Company/Platform shall not be liable for any loss or liability to the User caused by any unauthorized use of the User’s Account. The User shall indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, representatives, shareholders, contractors, and agents against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding to the extent such losses are based on or arise out of unauthorized or fraudulent use of the User’s Account.
15.4. The User will be responsible for and thus releases the Company from any and all liabilities, losses, claims, and damages that may arise out of or in connection with the disclaimers under these Terms of Use, and further agrees to hold harmless and indemnify the Company in this regard.
15.5. In no event shall the total aggregate liability of the Company/Platform to any User for all damages, losses, and causes of action (whether in contract or tort, including negligence, strict liability, or otherwise) arising from these Terms of Use or any of your use of the Platform exceed an aggregate amount of INR 500. We accept no liability for any errors or omissions by You.
15.6. You acknowledge that the Company is merely an intermediary providing an online platform for Sellers and Buyers to connect. The Goods listed on the Platform do not belong to us.
15.7. The Company/Platform shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access. The User understands and agrees that any material and/or data downloaded from the Platform is done entirely at the User’s own discretion and risk, and the User shall be solely responsible for any damage to their device or loss of data resulting from such download.
16. DISCLAIMERS
16.1. The Platform is provided by the Company on an “as is” and “as available” basis, and the Company makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information or content included thereon. You expressly agree that your use of the Platform is at your sole risk. The Company reserves the right to withdraw, modify, or delete any information available on the Platform at any time at its sole discretion.
16.2. Under no circumstances shall the Company be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (even if the Company has been advised of the possibility of such damages), resulting from
16.3. To the fullest extent permissible under Applicable Laws, the Company/Platform disclaims all warranties, whether express or implied. The Company/Platform does not warrant that the Platform, its servers, or any email or other communications sent from the Company/Platform are free from viruses or other harmful components. The Platform shall not be liable for any damages of any kind arising from the use of the Platform, including, but not limited to, direct, indirect, incidental, punitive, or consequential damages.
16.4. It is expressly clarified that the Platform is operated by the Company for the purpose of offering and selling Goods directly to the Users under a direct-to-consumer (D2C) model. Accordingly, the contractual relationship for the purchase of Goods is between the Buyer and the Company, subject to these Terms of Use and the applicable Company Policies.
The Company may engage third-party service providers, including logistics partners, payment gateway providers, and technology service providers, to facilitate the fulfilment of orders and provision of Services. However, the Company shall not be liable for any disputes, claims, or damages arising solely due to the acts or omissions of such third-party service providers, except to the extent mandated under Applicable Law.
The Company shall also not be liable for any loss or damage suffered due to reliance on representations or information provided by third parties not authorised by the Company.
16.5. All dealings, transactions and arrangements for the purchase of Goods through the Platform are entered into directly between the Buyer and the Company under a direct-to-consumer (D2C) model and are governed by these Terms of Use and the applicable Company Policies.
The Company plays a determinative role in relation to such transactions, including pricing, order acceptance, fulfilment, returns and refunds, subject to Applicable Laws.
The Company may, however, engage third-party service providers such as logistics partners, payment gateway providers and other vendors for the limited purpose of facilitating order fulfilment and related Services, and shall not be liable for any losses arising solely from the acts or omissions of such third-party service providers, except to the extent required under Applicable Law.
17. SEVERABILITY
17.1. If for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties (the User and the Company collectively) as reflected by that provision. The remainder of the Terms of Use shall continue in full force and effect.
18. WAIVER
18.1. No provision of these Terms of Use shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach committed by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
19.GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
19.1. These Terms of Use are subject to the laws of India. These Terms of Use shall be governed by the laws of India. Subject to Clause 19.2 below, courts and tribunals of Odisha, India, have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use or the Company Documents(including any disputes regarding the existence, validity or termination of these Terms of Use).
19.2. All disputes arising out of or in connection with the Terms of Use shall be attempted to be settled through negotiation between senior management of the Company and the User. If any dispute arising between the Parties is not amicably settled within reasonable period of sixty (60) days of the initiation of the aforesaid dispute resolution mechanisms, then, the same shall be resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as applicable and amended from time to time.
19.3. The dispute shall be referred to a sole and independent arbitrator to be appointed/ nominated by the Parties. The seat and venue of the arbitration shall be Odisha, India.
19.4. The language of the arbitration will be English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis for judgment thereon in India or elsewhere. The Company and the User will bear their own costs of the arbitration.
20. NOTICES
The Company may give notice by means of a general notice on the Account or Platform, or by electronic mail to User’s email address or contact number, or by written communication sent by regular mail to User’s address on record in the Account. The User may contact Company by electronic mail to the compliance/ Grievance Officer at the email address specified on the Platform or by written communication sent by regular mail to the address provided below.
21.FORCE MAJEURE
21.1. The Company shall not be liable for any failure to perform any obligations under these Terms of Use or in respect of provision of the Service(s) through the Platform, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
22.OTHER TERMS
22.1. Except as expressly permitted under these Terms of Use, no content available on the Platform shall be reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed or mirrored in any manner whatsoever to any other computer, server, website or medium for publication, distribution or any commercial purpose, without the prior written consent of the Company.
22.2. Please note that if You navigate away from the Platform to a third-party website or application`, then You may be subject to and bound by alternative terms of use and privacy policy applicable to such third party website or application.
22.3. The rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
22.4. No partnership, joint venture or relationship of employee/ employer or franchisor/ franchisee arises between you and Us by reason of the Terms of Use.
22.5. Without prejudice to Clause 20 (Notices), the Company may, in its discretion, serve any notice or communication on You by mail. In the case of notices sent by mail, such notice shall be deemed to have been served one (1) business day after dispatch.
22.6. As part of the registration and use of the Platform, You consent to receive transactional and service-related communications from the Company. Subject to applicable laws, You may also receive marketing and promotional communications via email, SMS or other modes of communication. You may opt out of receiving marketing communications at any time in accordance with the Company’s Privacy Policy.
23. GRIEVANCE OFFICER
23.1. Any complaints, abuse, concerns or grievances relating to (i) content hosted or published on the Platform, (ii) any alleged breach of these Terms of Use, and/or (iii) the collection, use or processing of personal information by the Company, shall be communicated to Rahul Gope (the “Grievance Officer”) by email at support@missly.in, with an electronic signature, or in writing at the following address:
Abbaiah Reddy Layout, Kaggadasapura, Bangalore, 560093
23.2. The Grievance Officer shall use best endeavours to acknowledge and resolve the grievance of the User in a timely manner and, in any event, such grievance shall be addressed within one (1) month from the date of receipt of the grievance.
23.3. A grievance shall be deemed to be disposed of and closed in any of the following events:
(a) where the complainant has communicated acceptance of the response provided by the Grievance Officer or any other authorised representative of the Company; or
(b) where the complainant has failed to respond within thirty (30) days from receipt of the written response and has not raised any further grievance or complaint in respect of the same subject matter.
23.4. In the event that the grievance remains unresolved to the satisfaction of the User despite escalation to the Grievance Officer, the User may escalate the matter to the Company’s designated Nodal Officer (details specified below). The Company shall endeavour to respond to such escalation within seven (7) business days from the date of receipt.