TERMS AND CONDITIONS FOR MAHA MART

1. Introduction

1.1 These Terms apply to all Customers of Maha Mart Platform and the Services. By accessing the Maha Mart Platform, you consent and agree to be bound by:

the Maha Mart Terms and Conditions at https://mahamart.me/terms-conditions/
these Terms
the Privacy Policy is available at https://mahamart.me/privacy-policy/

1.2 Maha Mart may, in whole or in part, amend these Terms. You shall be informed in advance of the criteria, conditions, and methods stipulated under the applicable laws.

1.3 You affirm that:

you are of legal age and are fully able and legally competent to enter into and be bound by these Terms; or
you are the parent or legal guardian of the person using the Maha Mart Platform and agree to these Terms and will ensure that the person using the Maha Mart Platform abides by and complies with these Terms.

2. Using the Maha Mart Platform

2.1 Content Upload

The Maha Mart Platform allows Customers to upload UGC in the form of:

comments on the Maha Mart Platform
product reviews
product recommendations
Before & After effects of products
short videos
how to use products guides
livestreams

2.2 Platform Usage

You acknowledge and understand that we only provide a platform for Customers to upload Content. You agree that you access the Content at your own risk.

3. Your Content

3.1 You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content, including (where applicable) the Seller Livestream Content, you submit; and, except for Maha Mart Professionally Generated Content (PGC), you license to us all patents, trademarks, trade secrets, copyright or other proprietary rights in and to such Content for publication on the Maha Mart Platform under these Terms.

3.2 By uploading Content to the Maha Mart Platform, you confirm that you own the copyrighted material to the Content. If the Content contains third-party copyrighted material that you do not own, you shall obtain the copyright owner's permission before uploading, sharing, or distributing the Content to the Maha Mart Platform.

3.3 Except for Maha Mart PGC, you retain all of your ownership rights in your Content including (where applicable) in the Seller Livestream Content. However, by using the Maha Mart Platform, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable perpetual license to use, keep, recreate, duplicate, share, display, reproduce, modify, distribute, prepare derivative works of, display, perform, and/or communicate to the public your Content and (where applicable) the Seller Livestream Content in connection with the Service and our (and our parent company's successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Maha Mart Platform and/or the Service (and derivative works thereof) in any media formats and through any media channels.

3.4 Maha Mart will retain all ownership rights to all Maha Mart PGC uploaded to the Maha Mart Platform.

3.5 You also grant each User of the Maha Mart Platform a non-exclusive license to access your Content including (where applicable) the Seller Livestream Content through the Maha Mart Platform, and to use, reproduce, distribute, display, perform, and/or communicate to the public such Content as permitted through the functionality of the Maha Mart Platform and under these Terms.

3.6 The above licenses granted by you are perpetual and irrevocable.

3.7 You further agree that the Content you upload, including (where applicable) the Seller Livestream Content that you upload, on the Maha Mart Platform, will not contain third-party copyrighted material, or material that is subject to other third-party intellectual property or other proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to us all of the license rights granted in these Terms.

3.8 Maha Mart does not in any manner whatsoever endorse any Content uploaded to the Maha Mart Platform or in using the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any liability in connection with Content.

comments on the Maha Mart Platform
product reviews
product recommendations
Before & After effects of products
short videos
how to use products guides
livestreams

4. Prohibited Content

4.1 You agree not to upload or otherwise make available any Prohibited Content

4.2 Without prejudice to the generality of the foregoing, you are to comply with the following restrictions:

You agree not to upload or otherwise make available any Prohibited Content.
Without prejudice to the generality of the foregoing, you are to comply with the following restrictions:
No offensive content, such as defamatory content, content involving violence, cruelty, nudity, sex, sexual deviancy, pornography, sexual degradation, solicitation of prostitution, offensive language, crude references or hate speech; or content which is indecent, obscene, false or offensive, regardless of whether there is malice or intention to annoy, abuse, threaten or harass any person.
No content which is unsuitable for users aged 18 and below.
No content promoting terrorism or terror-related activities.
No content involving references to physical, mental, or sensory disability.
No content that encourages the public to engage in or promote unlawful acts, violence, selling or consuming narcotics, psychotropics, or other addictive substances.
No inflammatory, subversive, or seditious content, such as content which incites or promotes conflict against the country or any state, its constitution, government, or laws; or incites or promotes conflict between groups, ethnicities, races, religions, or genders, or degrade religious or cultural beliefs.
No content involving gambling, such as games, lotteries, horse racing, sports betting, astrology, geomancy, palm reading, or any other type of fortune-telling device.
No content involving minors without the written consent of such minor’s parent or legal guardian.
No content relating to or promoting content prohibited or banned under any law.
No content involving the impersonation of organizations or individuals without such organizations’ or individuals’ written consent.
No content that promotes political messages.
No content violating data protection laws and intellectual property laws.
No content that is misleading, false, exaggerative, or deceptive (for example, content that is misleading as to the price of the product sold and content that makes false claims that the goods are limited or will come with gifts).
No content which contains words like, or is similar to, “best”, “the best”, “number one”, “proven”, or “top-grade” unless these are permitted under applicable laws, regulations, policies, or guidelines.
No content that directly compares the prices, quality, and efficiency of your products against other products unless permitted under applicable laws, regulations, policies, or guidelines (for Sellers).
No spam, phishing, or fraudulent content.
No content that is prohibited under the Policies, including but not limited to Maha Mart Community Policy and Community Guidelines.
No content causing fundamental misunderstanding as to the goods or services, whether it is made through the use or reference to technical reports, statistics, or anything false or exaggerative or not;
No content directly or indirectly supporting the violation of law or morals or conducive to cultural depreciation of the nation;
No content causing disunity or prejudicial to the unity of the people;

4.3 If your Content involves the use of physical stunts (for example, where it carries a risk of injury or damage whether to property or person), you must ensure the words “Do Not Attempt” or words of similar meaning are prominently featured on the Content.

4.4 We do not permit copyright infringing activities and infringement of intellectual property rights on the Maha Mart Platform, and we will remove all Content if properly notified that such Content infringes on another's intellectual property rights, in accordance with applicable laws on intellectual property rights.

4.5 We reserve the right to remove any Content, to take any enforcement actions as we deem necessary (including any enforcement actions as may be set out in the Policies from time to time, filing of reports to any regulatory authorities and/or law enforcement agencies) and/or to seek any other remedies available to us under the applicable laws and regulations, in each case without prior notice to you or providing any reason for such action.

4.6 You agree that Maha Mart shall not be liable in any manner whatsoever for any losses or damage suffered in any way as a result of Maha Mart’s exercise of its discretion to remove Content and/or to take any other actions specified in paragraph 4.5 above.

5. Specific User Conditions For Livestream Content

5.1 Only Presenters (including Customers who want to present in person while live streaming) may appear or otherwise feature in your Livestream Content. An application must be made by the Presenter through the Seller Centre or through the Maha Mart mobile application, or any other method as specified by us, and acceptance is at our sole and absolute discretion.

5.2 Presenters must meet the conditions we provide when applying for the position of Presenter. We may revise these conditions from time to time. Presenter applications shall be governed by the conditions in force at the time of application, regardless of whether such Presenter applications are new or re-applications.

5.3 Presenters must comply with these Terms or other Policies we may release. Presenters must not incite, promote, or condone breaches of the Terms or Policies.

5.4 If we have determined that a Presenter has failed to comply with these Terms or any of our Policies, or for any other reasons deemed necessary by Maha Mart, the Presenter must immediately comply with our instructions, including immediately terminating or removing the Livestream Content, taking down all saved Livestream Content and publicly inform other users on the Maha Mart Platform of the Presenter’s failure to comply. Maha Mart also reserves the right to immediately terminate any Livestream Content at any time in its ultimate discretion, without giving any reasons.

5.5 Where a Presenter is authorized by a User to feature in Livestream Content, the User will be liable for the acts, defaults, and neglects of the Presenters, employees, or agents of the Presenters as if they were the acts, default, or neglects of the User, and will remain at all times principally responsible to us for its obligations under these Terms and the Policies.

5.6 Maha Mart reserves the absolute discretion to revoke or terminate the status of a Presenter and the right to appoint or determine a Presenter.

5.7 Presenters must also ensure Customers who participate in Livestream Content interactions comply with the Policies we may release. Presenters must not incite, promote, or condone breaches of such Policies by such Customers.

5.8 If any reference is made to Maha Mart in the Livestream Content, you shall at all times abide by and/or ensure that the Presenter abide by Maha Mart’s Branding Guidelines, as may be updated from time to time by Maha Mart. Upon any termination of your use of Maha Mart Platform or the Services, you shall no longer have any right to use any trademark, trade name, service mark, or other intellectual property of Maha Mart or its affiliates.

5.9 Presenters shall be neatly dressed during the live stream, and avoid wearing inappropriate clothing (such as clothes that are vulgar or obscene, degrade religious or cultural traditions, or feature offensive language). The overall dress should be clean, tidy, and professional, with specific requirements as follows:

Only feature audio-visual content including songs and videos permitted under applicable laws, regulations, policies, or guidelines, including the following:

laws on personal data protection;
laws on intellectual property protection;
laws on censorship;
content laws;
consumer protection laws; and
any other relevant laws and regulations as applicable from time to time.It is the User’s responsibility to ensure that their content complies with applicable laws, regulations, policies, or guidelines and any amendments that the respective regulators have introduced in the applicable laws, regulations, policies, or guidelines. Note that audio-visual content with sexual themes is strictly prohibited at all times.

5.15 Do not promote or endorse organizations promoting unlawful pyramid schemes.

5.16 Do not self-abuse or attack others (including but not limited to alcoholism, self-harm, suicide, mutual abuse, animal abuse, or ingesting items that cause harm (such as living things, dead objects, or inanimate objects).

5.17 Do not livestream in sensitive locations like hospitals, cemeteries, childcare centers, schools, or government buildings.

6. Software Licence and Proprietary Rights of Maha Mart

6.1 All intellectual property rights, whether registered or unregistered, in the Maha Mart Platform, which includes any Maha Mart PGC or information content on the Maha Mart Platform and all the website design, trademarks, logos, text, graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third-party intellectual property owners. The entire contents of the Maha Mart Platform are protected under applicable intellectual property laws.

6.2 The Maha Mart Platform, Intellectual Property, and Contents, or any part thereof, shall not be copied, reproduced, distributed, licensed, transferred, published, in any form, or otherwise dealt with in any manner, except as expressly permitted by the Terms. You shall not disassemble, decompil,e or reverse engineer the Maha Mart Platform.

The Maha Mart Platform allows Customers to upload UGC in the form of:

7. Restrictions In using the Maha Mart Platform

7.1 Maha Mart hereby grants you a non-exclusive, non-transferable, and revocable right to use the Maha Mart Platform as outlined in these Terms provided that you refrain from doing any of the following if you use the Maha Mart Platform:

download or record the Content unless you see a “download” button or hyperlink to download the Content displayed on the Maha Mart Platform; make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works of the Maha Mart Platform or any Content, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works;
distribute, license, transfer, or sell, in whole or in part, any of the Maha Mart Platform or any derivative works;
use the Maha Mart Platform, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement, solicitation, or spamming;
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available emanates from the Maha Mart Platform;
intimidate, abuse, annoy or harass another, or promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
use or attempt to use another’s account, service, or system without authorization, or create a false identity on the Maha Mart Platform;
use the Maha Mart Platform in a manner that may undermine the purposes of the Maha Mart Platform, such as trading reviews with other users or writing or soliciting fake reviews;
use or launch any automated system, including without limitation, “robots,” or “spiders,” to upload, transmit, distribute, store, or otherwise make available in any way files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or to obtain access to any portion of the Maha Mart Platform that we do not expressly authorize you to access. You also cannot use any automated system or software which may overwhelm the servers of the Maha Mart Platform or Maha Mart Content Service in any way, including, but not limited to causing a Distributed Denial-of-Service Attack on the Maha Mart Platform or Maha Mart Content Service.
bypass the internal workings (including security features) of the Maha Mart Platform (including changing the coding or interface of the Maha Mart Platform or Maha Mart Content Service);
“doxing” other users on the Maha Mart Platform, including revealing the personal information of other users (including names, email addresses, addresses and phone numbers);
promote products sold on websites, applications, or platforms other than on the Maha Mart Platform;
permit or engage in any fraudulent behavior against Customers, Maha Mart, or third parties, including using bots or technology to increase views, followers, or sales or manipulate or falsify data;
promote or facilitate the sale of counterfeit goods or goods infringing the intellectual property rights of third parties; and/or
upload, share, or distribute Content that may affect other Customers use of the Maha Mart Platform, Maha Mart Content Service, or the goodwill or reputation of Maha Mart.

8. What We Can Do If You Infringe These Terms

You agree that the measures set out in this clause shall apply where the relevant provision of the Content on the Maha Mart Platform or use of the Services provided by Maha Mart violates applicable laws, these terms, and/or our Policies, and you agree this is without prejudice to Maha Mart’s other rights and remedies under these Terms or in law. The measures include (without limitation):

the immediate removal of the Content;
the deletion of any or all saved Content;
the suspension or termination of your account;
banning you from the Maha Mart Platform or use of the Service for a specified period or permanently; or
taking any other actions against you or any accounts that you may have registered with Maha Mart (including imposing non-compliance points on violating Sellers, reversing any transactions carried out by the infringing Customers on Maha Mart Platform).

8.2 We may remove any Content you upload to the Maha Mart Platform or disable other people from accessing any Content you upload to the Maha Mart Platform for any reason whatsoever including:

where we deem the Content to be Prohibited Content, at our absolute discretion;
where we have received any request from any authority to remove the Content;
where we have received any complaints from other users on the Content.

8.3 While you own your Content, you agree that if you are in breach of these Terms, we will have a right to modify your Content (including splicing, cropping or otherwise editing your Content) and use or distribute your Content (whether modified or otherwise) in our sole discretion without your permission.

8.4 When you upload Content into the Maha Mart Platform, you permit us to disclose your identity (including all details you have shared with us when you open your account on the Maha Mart Platform) to other third parties.

9. Your Personal Data

Your data will be processed according to the Personal Data Policy that is available at https://www.mahamart.me/privacy-policy.

10. Indemnity

You are responsible for any loss or damage we may suffer as a result of your breach of these Terms and/or our Policies. You also agree to defend, indemnify, and hold us and our related companies, officers, directors, employees, and agents, from and against any claims, losses, and liabilities, arising from your use of and access to the Maha Mart Content Service or Maha Mart Platform or from your breach of these Terms and/or applicable Policies. We may also assume control of any matter subject to indemnification by you and you must work with us in making available any defenses and indemnify us for any legal fees we may incur.

If a Seller fails, as determined by Maha Mart, to perform its obligations or commitment to a User concerning or during a Seller Livestream Content, Maha Mart shall be entitled in its discretion to refund, provide, and/or pay the Buyer (including through the issuance of vouchers) any amount, consideration or prize due to the Buyer. Maha Mart has the right to deduct such amount, consideration, or prize from any amount that is due and payable from Maha Mart to the Seller, including payouts and payments collected by Maha Mart on the Seller’s behalf.

11. Limitation of Liability

11.1 The Maha Mart Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Maha Mart of any kind either expressed, implied or statutory concerning Maha Mart Platform and/or the Services, including, without limitation, warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Maha Mart Platform and/or the Services are provided for informational purposes only.

11.2 Without limiting the foregoing, we do not warrant that the Maha Mart Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that Maha Mart Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

Maha Mart and all of its respective officers, employees, directors, agents, contractors, and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

any access, use, and/or inability to use the Maha Mart Platform or the Services;
reliance on any data or information made available through the Maha Mart Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
any system, server, or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive, or corrupting code, agent program, or macros; and
any use of or access to any other website or webpage linked to the Maha Mart Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

11.4 Any risk of misunderstanding, error, damage, expense, or losses resulting from the use of the Maha Mart Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

12. Interpretation

12.1 In these Terms:

“Buyer/ Customer/ User” means a registered buyer on the Maha Mart Platform.

“Content” includes any sound, sound sequences, music, text, images / still pictures, photos, moving pictures, videos, software programs, codes, or other audio-visual representation or audio-visual combination, or the tactile representation or any combination of the preceding which you may view from the Maha Mart Platform, or post, share or upload to the Maha Mart Platform and which is capable of being created, manipulated, stored, retrieved or communicated electronically. Content includes, but is not limited to, any Content on any interactive UGC channel or tab that is accessible on or through Maha Mart Platform from time to time, Livestream Content, Seller Livestream Content, Maha Mart PGC, UGC, and comments, reviews and other user interactions posted to Maha Mart Platform (including, without limitation, on any interactive UGC channel or tab that is accessible on or through Maha Mart Platform from time to time, or in connection with any Livestream Content, Seller Livestream Content, Maha Mart PGC and UGC).

“Maha Mart Content Service” means viewing, accessing, posting, sharing, or uploading any Content to the Maha Mart Platform.

“Maha Mart PGC” means Content (which for the avoidance of doubt, includes Livestream Content) that is generated by any third party commissioned or hired by Maha Mart to generate such Content.

“Maha Mart Platform” means www.mahamart.me or any other internet domain property of Maha Mart or its affiliates, the Maha Mart iOS or Android mobile application, and (where applicable) the Seller Center;

“Livestream Content” means the streaming of live Content through the Internet to the Maha Mart Platform using Maha Mart’s live-streaming tools, which may be accessed by any Maha Mart User. Maha Mart’s live streaming tools comprise a system that allows real-time streaming of video and audio content from Maha Mart approved accounts to the Maha Mart Platform, which content may be viewed by all Customers of the Maha Mart Platform. For the avoidance of doubt, Livestream Content covers any Seller Livestream Content and/or any other Livestream Content generated, published, or uploaded by any User on the Maha Mart Platform

“Policies” means the rules, guidelines, terms and conditions, etc. applicable to Customers for the use of the Services, Maha Mart Platform, Seller Center, Tools, and other Maha Mart properties, as they may appear on the Maha Mart Platform or Seller Center or be communicated from time to time by Maha Mart, including (without limitation) the Privacy Policy and Maha Mart Community Policy and Community Guidelines.

“Presenter” means any person who appears or features in Livestream Content. Presenters include persons who host Livestream Content or otherwise present a segment of Livestream Content.

“Prohibited Content” means any content that is:

in breach of any law or regulation, or any guidelines or other instrument issued by any government or regulatory authority;
classified as prohibited content under clause 4;
in breach of Maha Mart’s Policies, including (without limitation) Maha Mart Community Policy and Community Guidelines; or
deemed by Maha Mart in its absolute discretion, to be unsuitable to be on the Maha Mart Platform.

“Seller” means a seller who uses the Maha Mart Platform to offer or sell Products to the Buyers, and includes a Third Party Vendor. Maha Mart may also be a “Seller” for selected Products.

“Seller Livestream Content” means any Livestream Content that is prepared, generated, uploaded, posted, and shared by the Seller and/or any third-party, and made available or accessible to Customers on the Maha Mart Platform by or on behalf of the Seller.

“Services” means the use of any services, information, or functions made available by Maha Mart or its affiliates on the Maha Mart Platform which for the avoidance of doubt, includes the Maha Mart Content Service. Any reference made to the Maha Mart Platform in these Terms shall include the Services or any part of it, unless otherwise expressly stated.

“Terms” means these terms and conditions. The Terms shall be read together with Maha Mart’s Terms of Use at https://www.mahamart.me/terms-conditions/, which serve as an agreement between you and us for the use of the Maha Mart Platform and the Services. Where there is a conflict between these Terms and Maha Mart’s Terms of Use, these Terms shall prevail for the regulation of any Content on Maha Mart Platform.

“Third Party Vendor” means a seller which, with Maha Mart’s permission, uses the Platform and/or Services to sell Products to the Buyers, and excludes Maha Mart.

“Tools” means any tools provided by Maha Mart or its affiliates to you in connection with your access to and use of the Services.

“UGC” means Content generated by any User and is uploaded, accessible, or viewable on the Maha Mart Platform.

“User” means any user of the Maha Mart Platform and/or the Services, including (as applicable) Sellers and Buyers on the Maha Mart Platform.