This document is an electronic record in terms of the Information Technology Act, 2000 and will be deemed to be a contract formed through electronic means.
Blupin Technologies Private Limited, a company registered under the Indian Companies Act, 2013, which has its registered office at 5th Floor, Plot No. 115, Sector 44, Gurgaon, Haryana-122003 and operates under its trade name "Mylo", (hereinafter referred to as "Mylo" or "We" or "Us" or "Our" or "Company").
For the purpose of these Terms, wherever the context so requires "You", "Your" or "User" shall mean any natural or legal person (company, sole-proprietorship, partnership, HUF etc.) who has agreed to become a buyer / service recipient on the Mylo Web Platforms by providing relevant data or uses by way of browsing the website or downloading mobile applications.
Your continued use of the Mylo Web Platforms, following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter, use and download the Mylo Web Platforms.
For the purpose of these Terms, wherever the context so requires, “Booking Date” or “Transaction Date” shall mean the date on which the order has been placed by the User for purchasing the products or availing the services via the Mylo Web Platforms. Further, “Date of Service” shall mean the date on which the products will be delivered or the services will be provided by the Mylo.
Use of the Mylo Web Platforms is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Mylo Web Platforms. If You are a minor i.e. under the age of 18 years, You shall not be eligible as a User of the Mylo Web Platforms and shall not transact on or use the Mylo Web Platforms. Further, if you are a minor, Mylo reserves the right to deactivate and / or refuse to provide You with access to the Platforms if it is brought to Our notice or if it is discovered that You are under the age of 18 years.
2.1. You agree that Mylo is a Platform through which Users can purchase various goods and avail services related to child care and care for their family from all over India.
3.1. In consideration of Your use of the Mylo Web Platforms, You agree to:
3.1.1. Provide accurate, current and complete information about You as may be prompted by any registration forms and subscription, including, but without limiting, Your name, telephone number, mailing address, bank account details, account and email address on the Mylo Web Platforms ("Registration Data");
3.1.2. Maintain and promptly update the Registration Data, and any other information You provide to Mylo, to keep it accurate, current and complete;
3.1.3. Maintain confidentiality of Your password and identification;
3.1.4. Notify Mylo immediately of any unauthorized use of Your account or any other breach of security;
3.1.6. Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the services shall be obtained by You at Your own cost;
3.1.7. Accept all responsibility for any and all activities that occur under Your account (whether through authorized or unauthorized access) including, but without limitation to, information retrieved, stored and transmitted through the Mylo Web Platforms by You;
3.1.8. Accept all risks of unauthorized access to the Registration Data and any other information You provide to Mylo; and
3.1.9. You will ensure compliance with all notices or instructions given by Mylo from time to time to enable the use of theMylo Web Platforms.
3.2. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We shall have the right to indefinitely suspend or terminate or block access of Your account on the Mylo Web Platforms and refuse to provide You with access to the Mylo Web Platforms.
3.3. You agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorise Company to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers.
All products, services and information displayed on the Mylo Web Platforms constitute an invitation to offer. Your order for purchase of products or availing the services constitutes Your offer, which shall be subject to the Terms as listed herein. Mylo reserves the right to accept or reject Your offer in part or in full, with or without any reason whatsoever.
5.1. Mylo allows You to either sign in to the Mylo Web Platforms with Your Facebook account or to sign in with Your email address to register with Us.
5.2. Registration on the Mylo Web Platforms is free for Users. Mylo does not charge the User any fee for browsing or seek any opinions from individuals on the Mylo Web Platforms. Mylo reserves the right to change its fee policy from time to time. In particular, Mylo may at its sole discretion introduce new services and modify some or all of the existing services offered on the Mylo Web Platforms. In such an event, Mylo reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Mylo Web Platforms and such changes shall automatically become effective immediately after they are posted on the Mylo Web Platforms. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to Mylo
6.1 Mylo has a zero tolerance policy regarding objectionable content. Objectionable content may not be uploaded or displayed to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content includes, but is not limited to: (i) sexually explicit materials, (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity! (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent! (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. Any user can flag content they deem objectionable for review. Content will be moderated by Mylo to ensure the timely removal of any and all objectionable content. User accounts which have been confirmed responsible for Peeling objectionable content will be restricted from access to the Mylo app.
7.1. By registering with us as per Clause 5 and transacting via the Mylo Web Platforms to purchase any products or avail the online services, You represent to Mylo that such registration and purchase is for Your personal and non-commercial use only. Further while using the Mylo Web Platforms, You acknowledge that You fully assume the risks of purchase and sale transactions and You further fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the product(s) and/or service(s) that are the subject of the transactions via the Mylo Web Platforms.
7.2. Mylo reserves the right, at its sole and absolute discretion, to determine whether anything posted by You is appropriate; and to remove it, without notice or liability to You, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial and non-exhaustive list of the type of activities that Mylo deems to be inappropriate:
7.2.1. Content that criticizes a business or individual beyond that of merely offering an opinion;
7.2.2. Content that harasses or advocates harassment of another person;
7.2.3. Content that exploits people in a sexual or violent manner;
7.2.4. Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
7.2.5. Content that includes racially, ethically, or otherwise objectionable language;
7.2.6. Content that is libelous, defamatory, or otherwise tortious language;
7.2.7. Content that solicits personal information from anyone under 18 years of age;
7.2.8. Content that promotes information known to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7.2.9. Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
7.2.10 Content that is in breach of any rights of a third party including but not limited to intellectual property rights.
7.2.11 Copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Mylo content appearing on or through the Mylo Web Platforms. It is further clarified that where any User/third party makes any complaint with regards to another User’s uploading of contents mention under Clause 7.2 above, such User/third party may intimate Mylo and after investigation Mylo shall be entitled to take down such content if it is deemed to be a valid complaint based on Mylo’s investigation.
7.3. Mylo expressly reserves the right to investigate and take appropriate legal action against anyone who, in Mylo’s sole discretion, violates this provision, including without limitation, reporting You to the law enforcement authorities.
7.4 If any content uploaded by Mylo on the Mylo Web Platforms is violative of any right of a User or third party (as the case may be) including but not limited to intellectual property rights, then pursuant to a complaint made by such person to Mylo and a subsequent investigation of the origins of such content in question, Mylo shall take down such content where the complaint has been deemed valid. It is hereby clarified that to the extent no complaint has been received against any content uploaded by Mylo it shall be deemed that such content is being used by Mylo in a valid manner with the explicit consent of the actual owner of such content (if applicable).
8.1. While availing any of the payment method/s available on the Mylo Web Platforms, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
8.1.1. Lack of authorization for any transaction/s, or
8.1.2. Exceeding the preset limit mutually agreed between You and the financial services providers you deal with, or
8.1.3. Any payment issues arising out of the transaction, or
8.1.4. Decline of transaction for any other reason/s
8.2. All payments made against any purchase of the products or availing the services, shall be compulsorily in Indian rupees (“Transaction Price”).
8.3. Before delivering the products purchased by You or providing the services to You.
8.4. You have specifically authorized Mylo to collect, process, facilitate and remit the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through payment facility.
9.1. Cancellation of orders can only be made at any time before you receive an intimation containing confirmation of your order. No cancellations will be accepted post such time and for any cancellation request received post such time, you will need to raise a return request after the order has been delivered.
Mylo allows easy return, replacement & refund of eligible products as per the terms specified on https://mylofamily.com/refund-cancellation
11.2 The provisions of Information Technology Act, 2000 relating to the processing of personal data as may be amended from time to time;
11.3 The provisions of the Information Technology (Intermediary Guidelines) Rules, 2011 as may be amended from time to time;
11.4. The provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time.
12.1. We may retain certain types of data for specific periods based on legal and operational requirements:
12.1.1. Due to legal obligations or upon receipt of valid complaints, we may retain deleted content, including user-generated content, posts, messages, and comments, for up to 180 days. This allows us to address potential legal disputes or concerns.
12.1.2. After account cancellation or withdrawal, we may retain your user registration information, such as username, email address, and registration date, for up to 180 days. This enables us to handle potential inquiries or disputes related to your account.
12.1.3. When we receive a valid legal order from a government agency, we strive to provide the requested information within 72 hours.
12. INTELLECTUAL PROPERTY RIGHTS12.1. Subject to Part B Clause 6, Mylo is the sole owner or lawful licensee of all the rights of the Mylo Web Platforms and its content. For the purpose of this clause, the content on the Mylo Web Platforms includes its design, layout, text, images, graphics, sound, video, etc as well as non-superficially visual functional elements. The title, ownership and intellectual property rights in the Mylo Web Platforms and its content shall remain with Mylo, its affiliates or licensors of the content, as the case may be.
12.2. Trademark: 'Mylo' and related icons and logos are registered or registration has been applied for by Mylo in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.
12.3. Copyright: All content on the Mylo Web Platforms is the copyright of Mylo except the third party content and links to third party websites on the Mylo Web Platforms, if any.
13.1. All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through the Mylo Web Platforms are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
13.2. Mylo does not warrant that: the Mylo Web Platforms will be constantly available, or available at all; or that the information on the Mylo Web Platforms is complete, true, accurate or non-misleading.
13.3. As per the guidelines issued by the Government of India, Mylo will not exercise ownership over the goods and services purported to be sold on the Mylo Web Platforms. Thus all commercial/contractual terms are offered by and agreed to between the Users and Vendors alone. The commercial/contractual terms may include, without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services.
13.4. Mylo does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Mylo Web Platforms. Mylo does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Mylo Web Platforms. By virtue of technical or human error, it may be possible that certain inadvertent errors may occur such as change in the price of the products and services, change in the quantity ordered, description of the products and services and the like. Even though Mylo makes its best efforts to avoid any such errors, We will not accept liability for any such inadvertent errors or omissions.
13.5. References that We make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply Our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Mylo Web Platforms.
13.7. Mylo does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Vendors. You are advised to independently verify the bona fides of any particular Vendor that You choose to deal with on the Mylo Web Platforms and use Your best judgment in that behalf.
13.8. You realize and indemnify Mylo and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions of the Users of the Mylo Web Platforms and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Mylo cannot take responsibility or control the information provided by other Users which is made available on the Mylo Web Platforms. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and exercise Your own judgment when using the Mylo Web Platforms
14.1. FORCE MAJEURE
You understand and agree that Mylo will not be held liable for any loss or damage with respect to the use of the Mylo Web Platforms, if the same arises out of any cause due to which Mylo is wholly or partly unable to perform its obligations and which is not reasonably within the control of Mylo. Further, Mylo will not liable for any loss or damage which is not a result of the fault or negligence of Mylo or which occurs despite all reasonable attempts of Mylo to avoid or mitigate the same. This includes without limitation, acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority leading to a delay in adhering to the timelines of delivery, strikes, labour, employee difficulties and other events or circumstances that are beyond the reasonable control of Mylo.
You agree to indemnify and hold Us and (as applicable) Our officers, directors, agents, 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 or your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive the termination of these Terms.
14.4. APPLICABLE LAW
A. The Mylo Web Platforms have been designed to comply with the laws of India and hence We shall be governed by the laws of India. If any material on the Mylo Web Platforms or Your use of the Mylo Web Platforms is contrary to the laws of the country / state where You are when You access it, We ask You not to use the Mylo Web Platforms in contravention of such law. You are responsible for being aware of the laws of Your jurisdiction and complying with them.
B. Further, the courts of Gurugram, Haryana shall have exclusive jurisdiction in case of any preliminary relief sought in respect of all the terms, conditions and disclaimers.
14.5. DISPUTE RESOLUTION
All disputes or differences arising between You and Mylo as to these Terms or any other matter in relation to or in connection with Your use of the Mylo Web Platforms, shall be referred to a single arbitrator who shall be appointed by Us as per the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto. The seat of arbitration shall be Gurugram, Haryana and the language should be English.
You are prohibited from using the App or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of other.
You agree and acknowledge You are solely responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between Us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Mylo reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, We may take action to disclose any information necessary or appropriate to such persons or entities relating to User profiles, email addresses, usage history, posted materials, IP addresses and traffic information. Mylo reserves the right to seek all remedies available at law and in equity for violations of these Terms.
All of Our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, or (c) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or email address specified on the Order for the recipient of such notice. All of Your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to Our address.
14.9. COMPLAINT HANDLING
We understand the importance of addressing user concerns promptly and fairly.
We acknowledge all received complaints within 24 hours of receipt.
We will resolve all complaints within 15 days from receipt. We will keep you informed about the progress of your complaint throughout the process.
We prioritize the safety and well-being of our Users by swiftly addressing complaints regarding content that violates our community guidelines and regulatory standards, including the Intermediary Rules. Upon receipt of a complaint concerning non-consensual dissemination of private material, nudity, sexual acts, or electronic impersonation intended to harass or abuse individuals, we commit to reviewing and promptly removing or disabling access to such content within seventy-two hours of such reporting.
14.10. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and Consumer Protection Act, 2019 and rules made there under, the name and contact details of the Grievance officer / Nodal Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of these Terms, law, compliance and other policies or questions are published as under:
Grievance Officer: Vikram Singh
E-mail address: firstname.lastname@example.org
[10:00 AM to 6:00 PM from Monday to Friday except Public Holidays]
Nodal Officer: Subah Batra
E-mail address: email@example.com[10:00 AM to 6:00 PM from Monday to Friday except Public Holidays]
At Mylo, we help young parents raise happy and healthy families with our innovative new-age solutions: