These Terms of Use set out the terms and conditions for use of this Online Marketplace, Mavenoak Express.
These Terms of Use apply to end users of the Website (referred to as “Learners”, “You”, “Your”). These Terms of Use, including the Privacy Policy and any other terms and conditions published on the Platform or communicated to you from time to time (collectively referred to as the “Agreement”), define the relationship and responsibilities between You and Creator (as defined herein) in using the Platform. Your access to the Platform is subject to Your acceptance of this Agreement. Hence, please take Your time to read this Agreement.
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When we speak of “Creator”, ‘we’, ‘us’, and ‘our’, we collectively mean Online Mavenoak Express – being the creator of this Platform and the content/materials/services contained therein.
By accessing this Platform, You are agreeing to be bound by the terms of this Agreement, all applicable laws and regulations. From time-to-time, versions of the above-mentioned policies and terms are made available on the Platform for Your reference and to understand how we handle Your personal information. By using or visiting the Platform and services provided to You on, from, or through the Platform, You are expressly agreeing to the terms of the Agreement and any other terms that are updated from time to time. If You disagree with any part of this Agreement or do not wish to be bound by the same, then please do not use the Platform in any manner.
Access and Registration:
If You’re an individual You must be at least 18 (eighteen) years of age, or, If You are between the ages of 13 and 18, You must have Your parent or legal guardian’s permission to use the Platform. By using the Platform, You are, through Your actions, representing and warranting to us that You have obtained the appropriate consents/permissions to use the Platform. If You are under the age of 13 years or 16 years, You may neither use our Platform in any manner nor may You register for any content or services offered therein.
To access any Content (as defined below) offered on the Platform, we require You to register for the same by providing Your name and email address. Please read our Privacy Policy to understand how we handle Your information. Further, You may also be required to make payment of a fee to access the Content, if applicable. For more information, please read our ‘Payments & Refunds’ section below. You represent that the information indicated by You during Your enrolment or registration for any Content on the Platform, is true and complete, that You meet the eligibility requirements for use of the Platform and the Content offered therein, and You agree to update us upon any changes to the information by writing to us at the contact information provided in the ‘Contact Us’ section below.
For the purpose of this Agreement, “Content” shall mean and include any course or session (whether pre-recorded or live) published by the Creator on the Platform, including, but not limited to any reference materials and text files (if any) offered to You as part of the Content.
When You register or enroll for any Content on the Platform, You may also have access to discussion forums that enables You to exchange Your thoughts, knowledge in relation to the Content or its subject-matter, with us and other registrants to the Content (“Public Forum”). Participating in the Public Forum is completely Your choice and by registering or enrolling to a Content on the Platform, You are not obligated to participate in such Public Forum.
We maintain and reserve the right to refuse access to the Platform or remove content posted by You in the Public Forums, at any time without notice to You, if, in our opinion, You have violated any provision of this Agreement.
Further, to access the Platform and/or view the content on the Platform, You will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which You are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that You use is compatible with any of the systems/software used on the Platform to access the content/material offered therein.
License to Use:
You are granted a limited, non-exclusive license to access and view the Content on the Platform for Your own personal, non-commercial use only. Further, if so allowed on the Platform, You may temporarily download one copy of any downloadable Content [including Creator Content (defined below)] on the Platform for personal and non-commercial transitory viewing only. This license does not grant You the right to assign or sublicense the license granted under this Agreement to anyone else. Further, You may not-
- modify, edit or copy the Content, Creator Content or any material made available on the Platform;
- create derivative works or exploit any material made available on the Platform (including the Content and Creator Content) or any portion thereof (including, but not limited to any copyrighted material, trademarks, or other proprietary information contained therein) in manner that is not permitted under this license granted to You;
- publicly display (commercially or non-commercially) the Content, Creator Content or any material made available on the Platform or otherwise use the same for any commercial purpose;
- attempt to decompile or reverse engineer any software contained in the Platform;
- remove any copyright or other proprietary notations from the Content, Creator Content or any material made available on the Platform; or
- transfer any material made available on the Platform to another person or ‘mirror’ the same on any other server.
- For the purpose of this Agreement, “Creator Content” shall mean and include any audio files, video files, audio-visual files, images, text materials (including .doc, .docx, and .pdfs) (other than the Content) uploaded or otherwise published on the Platform by the Creator to be accessed by You, including, but not limited to any such content/material posted by the Creator in any Public Forum (defined below).
- This license shall automatically terminate if You violate any of these restrictions and may be terminated by us at any time. Upon termination of this license granted to You or Your viewing of any material on the Platform (including Content and Creator Content), You must destroy any downloaded materials in Your possession (whether in electronic or printed format).
Communications: The Platform includes provision and facilitation of Public Forums designed to enable You to communicate with us and other registrants to the Content You have registered for. As stated above, use of these Public Forums are completely your choice and by registering for a Content, you are not obligated to participate in the Public Forum. However, if You choose to participate, You agree to adhere to the terms specified in the ‘Code of Conduct’ section hereinbelow and such other terms as may be published on our Platform. If it comes to our notice that Your conduct is in violation of the terms of this Agreement, then we may terminate or suspend Your access to any Public Forums at any time, without notice, for any reason. You represent and warrant that You own and control all rights in and to any content (including without limitation chats, postings, or materials) uploaded or posted by You on the Public Forums or anywhere on the Platform (“Learner Content”), or that You are licensed to use and reproduce such Learner Content. We are not responsible for the information that You choose to share on the Public Forums, or for the actions of other users therein. You further understand and agree that You shall be solely responsible for the Learner Content including its legality, reliability, accuracy, and appropriateness, and the consequences of its publication.
Further, if you do post content or submit any Learner Content on the Platform, and unless otherwise indicated by You in writing (emails included) to us, You hereby grant us a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Learner Content throughout the world in any media.
Code of Conduct:
You agree to the following:
Legitimate usage of the Platform:
You agree to use the Platform only for lawful purposes and You are not allowed to use our Platform to engage in any kind of activity that violates any applicable central, state, local, federal or international law or regulation. Also, You agree that You will not use the Platform in any manner that would disrupt, damage or impair the Platform or access to it, in any manner, including promoting or encouraging illegal activity such as hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Platform and conduct of any form of fraudulent activity.
Spam: Posting untargeted, unwanted and repetitive content, comments or messages with an intention to spam a Public Forum or otherwise the Platform and to drive traffic from the Platform to other third-party sites is in direct violation of this Agreement. Posting links to external websites with malware and other prohibited sites is not allowed.
Scams: Any content uploaded or posted in order to trick others for their own financial gain is not allowed and we do not tolerate any practices of extortion or blackmail, either.
Privacy violation: Kindly refer to our Privacy Policy to know how to protect Your privacy and respect the privacy of other Users.
Impersonation: Impersonating another person, including but not limited to, another learner, is not permitted while using our Platform. In this case impersonation would mean the intention to cause confusion regarding who the real person is by pretending to be them (such as using names, image, documents, certificates etc. not belonging to You or not used to identify You, or pretending to be a company, institute, group etc., by using their logo, brand name or any distinguishing mark).
Unauthorized Access or Disabling of Platform: You agree not to as follows:
(i) use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other user’s use of the Platform;
(ii) not to use any manual process to monitor or copy any of the material on the Platform or for any unauthorized purpose;
(iii) use any device, software, or routine that interferes with the proper working of the Platform;
(iv) attack the Platform via a denial-of-service attack;
(v) attempt to gain unauthorized access to, interfere with, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to or associated with the Platform; and (vi) introduce any viruses, trojan horses, worms, keystroke loggers, malware, or other material which is malicious or technologically harmful to the Platform.
If any violation of the above rules of conduct comes to our notice, then, we reserve the right to refuse Your access to the Platform, terminate accounts or remove such violating content at any time without notice to You.
Intellectual Property:
We own all information and materials, including Content and Creator Content (in whatever form or media) provided or communicated to You by or on behalf of us including but not limited to, the Platform, trademarks, trade dress, logos, wordmarks, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to us, instructions embedded in any form of digital documents and other data, information, or material made available to You by us (“Creator’s Intellectual Property”). Creator’s Intellectual Property, including the copyrights and trademarks contained therein, may not be modified by You in any way. You acknowledge and agree that You do not acquire any ownership rights to Creator’s Intellectual Property by use of the Platform or any part thereof. You acknowledge and agree that the Creator’s Intellectual Property is protected by the applicable intellectual property laws, including international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Creator’s Intellectual Property or any component thereof is strictly prohibited.
Feedback:
If You submit suggestions, ideas, comments, or questions containing product feedback about any Content, the Platform or any part thereof, either through the Public Forum or otherwise (“Feedback”), then You grants to us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. You shall have no intellectual property right in any Content, Platform or any part thereof, as a result of our incorporation of Feedback into any Content or the Platform.
Payments and Refunds:
To register/enrol for any Content, You may need to pay a fee as may be applicable (“Content Fee”). Please refer to our Platform to know the pricing. Payment of such Content Fee shall be processed through third-party payment processors. Your payments may be subject to applicable taxes, so we suggest that You read terms and policies of such third party payment processors to understand the same better. Once You purchase access to a Content on the Platform, the same cannot be cancelled and there shall be no refund of the Content Fee, unless otherwise stated in our Refund Policy. As stated above, we use third-party service providers to enable You to make payment for the purchases made on the Platform. Accordingly, it is hereby clarified that we do not capture and/or store any of your sensitive personal information. While making payments through such third-party payment gateways/service providers kindly ensure to read through their terms and conditions.
Disclaimer:
The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any
(1) errors, mistakes, or inaccuracies of content and materials,
(2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services,
(3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(4) any interruption or cessation of transmission to or from the services,
(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or
(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Role of Mavenoak Express (https://mavenoakexpress.in/ )
Mavenoak Express operates as an intermediary under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. As an intermediary, Mavenoak Express provides an online platform that facilitates transactions between buyers and sellers. Mavenoak Express is not directly involved in the sale or purchase of products listed on the platform.
Liability of Mavenoak Express
No Direct Liability:
Mavenoak Express is not liable for any direct, indirect, incidental, or consequential damages arising from transactions between buyers and sellers. This includes, but is not limited to:
Defective, damaged, or misrepresented products.
Delays in delivery or non-delivery of products.
Disputes regarding product quality, pricing, or descriptions.
Violations of intellectual property rights by sellers.
Third-Party Liability:
Mavenoak Express is not responsible for the actions, omissions, or conduct of third parties, including:
Sellers, manufacturers, or distributors.
Logistics and delivery partners.
Payment gateway providers.
Content Liability:
Mavenoak Express is not liable for any content posted by sellers or users on the platform, including product descriptions, images, or reviews. However, Mavenoak Express reserves the right to remove any content that violates its Terms of Use or applicable laws.
Buyer and Seller Responsibilities:
Buyer Responsibilities:
Buyers are responsible for: Verifying the accuracy of product descriptions, prices, and seller information before making a purchase.
- Ensuring that the product meets their requirements and expectations.
- Complying with the platform’s Return, Refund, and Replacement Policies.
Seller Responsibilities:
Sellers are responsible for:
- Providing accurate and complete product information, including descriptions, prices, and images.
- Ensuring that products comply with applicable laws, including labeling, safety, and quality standards.
- Resolving disputes with buyers in a timely and professional manner.
Dispute Resolution:
Buyer-Seller Disputes:
In the event of a dispute between a buyer and seller, Mavenoak Express will act as a neutral intermediary to facilitate resolution. However, Mavenoak Express is not liable for the outcome of such disputes.
Escalation to Authorities: If a dispute cannot be resolved through the platform, buyers and sellers may escalate the matter to the appropriate legal authorities, including the Consumer Dispute Redressal Commission (CDRC).
Compliance with Intermediary Guidelines Mavenoak Express:
It complies with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 by:
Publishing this Disclaimer on the platform.
Appointing a Grievance Officer to address user complaints and ensure compliance with the rules.
Removing or disabling access to unlawful content within 36 hours of receiving a valid complaint.
Limitation of Liability:
Maximum Liability: In no event shall Mavenoak Express liability exceed the total amount paid by the buyer for the product in question.
Exclusion of Liability: Mavenoak Express is not liable for:
- Loss of profits, revenue, or data.
- Indirect, incidental, or consequential damages.
- Acts of God, natural disasters, or other force majeure events.
Indemnification:
By using the Mavenoak Express platform, buyers and sellers agree to indemnify and hold harmless Mavenoak Express, its affiliates, and its employees from any claims, damages, or losses arising from:
- Their use of the platform.
- Their transactions with other users.
- Their violation of the platform’s Terms of Use or applicable laws.
Grievance Redressal Process:
Overview:
A grievance redressal form is a document used to formally lodge a complaint or grievance with an organization, providing a structured process for addressing and resolving issues.
Objective:
To provide a transparent, efficient, and time-bound process for resolving consumer complaints in compliance with the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020.
Here’s a more detailed explanation:
Purpose:
Grievance redressal forms are designed to provide a structured and transparent process for individuals to raise concerns and complaints about various issues, such as workplace problems, service delivery issues, or violations of policies.
Formal Complaint:
Grievance Handling Department:
Grievance Handling Department on behalf of Mavenoak Express will address complaints and ensure compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The Grievance Handling Department can be contacted at:
- Email: contact@mavenoakexpress.in
- Phone: +91 9124561097
- Complaint Resolution:
Complaints will be resolved within 1 month of receipt, as required by law.
These forms are used to document and formalize complaints, ensuring that they are taken seriously and addressed appropriately.
Grievance Redressal Process:
After a grievance is filed, the organization typically has a process for investigating the complaint, gathering information, and taking appropriate action to resolve the issue.
Key Features of the Grievance Redressal Mechanism
Timely Resolution: All complaints will be resolved within 1 month from the date of receipt.
Multi-Channel Accessibility: Consumers can raise complaints through multiple channels (email, phone, chat, and website).
Dedicated Grievance Officer: A Grievance Officer will be appointed to oversee the complaint resolution process.
Transparency: Consumers will receive regular updates on the status of their complaints.
Escalation Mechanism: A clear escalation process for unresolved or complex complaints.
Step-by-Step Grievance Redressal Process
Step 1: Complaint Submission
Channels for Complaint Submission:
- Website: A dedicated “Grievance Redressal” section on the MavenoakExpress.in platform.
- Email: contact@mavenoakexpress.in
- Chat Support: Live chat option on the website and mobile app.
Information Required:
- Consumer’s name, contact details, and order ID.
- Detailed description of the issue.
- Supporting documents (e.g., photos, invoices, screenshots).
Step 2: Acknowledgment of Complaint
- Auto-Acknowledgment: An automated acknowledgment will be sent to the consumer immediately upon submission of the complaint via email or SMS.
- Complaint ID: A unique Complaint ID will be generated for tracking purposes.
Step 3: Complaint Review & Resolution
- Initial Review: The Grievance Officer will review the complaint within 24 hours of submission.
- Investigation: The relevant team (e.g., logistics, payments, or seller support) will investigate the issue.
- Resolution Timeline:
- Simple Issues (e.g., refunds, replacements): Resolved within 7 days.
- Complex Issues (e.g., disputes with sellers): Resolved within 30 days.
- Consumer Updates: Regular updates will be provided to the consumer via email or SMS.
Step 4: Escalation Mechanism
- Level 1 Escalation: If the complaint is not resolved within the initial timeline, it will be escalated to a Senior Grievance Officer.
- Level 2 Escalation: If unresolved after Level 1, the complaint will be escalated to the Chief Grievance Officer.
- External Escalation: If the complaint remains unresolved after 30 days, the consumer can approach the National Consumer Helpline or file a case with the Consumer Dispute Redressal Commission (CDRC).
Step 5: Closure of Complaint
- Resolution Confirmation: Once resolved, the consumer will receive a confirmation via email or SMS.
- Feedback: Consumers will be asked to provide feedback on the resolution process.
- Record Maintenance: All complaints and resolutions will be documented and maintained for 3 years as per legal requirements.
Roles and Responsibilities
Grievance Handling Department:
- Oversee the complaint resolution process.
- Ensure timely resolution within the 1-month timeframe.
- Act as the primary point of contact for consumers.
Customer Support Team:
- Handle initial complaint submissions and acknowledgments.
- Provide regular updates to consumers.
Logistics/Payments/Seller Support Teams:
- Investigate and resolve complaints related to their respective domains.
Senior Grievance Officer:
- Handle escalated complaints and ensure resolution within the stipulated time.
Compliance with Consumer Protection Act, 2019
- Appointment of Grievance Officer: As per Section 4 of the Consumer Protection (E-Commerce) Rules, 2020, MavenoakExpress.in will appoint a Grievance Officer whose name and contact details will be displayed on the platform.
- Transparency: All policies related to grievance redressal, refunds, and returns will be clearly stated on the platform.
- Record-Keeping: All complaints and resolutions will be maintained for 3 years as per legal requirements.
Grievance Redressal Policy Summary
| Aspect | Details |
| Complaint Submission | Website, Email, Phone, Chat |
| Acknowledgment | Auto-acknowledgment with Complaint ID within 1 hour |
| Resolution Timeline | Simple issues: 7 days; Complex issues: 30 days |
| Escalation Mechanism | Level 1 (Senior Grievance Officer), Level 2 (Chief Grievance Officer) |
| External Escalation | National Consumer Helpline or Consumer Dispute Redressal Commission (CDRC) |
Governing Law and Jurisdiction:
Any claim relating to the Platform shall be governed by the laws of the Platform home jurisdiction (i.e. Kolkata, West Bengal, India) without regard to its conflict of law provisions. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Platform home jurisdiction.
Miscellaneous:
Alteration of Platform or Amendments to the Conditions:
We reserve the right to make changes to our Platform, policies, and this Agreement at any time. We will post the new terms with a revision date indicated at the top or if deemed practicable. You should check our Platform frequently to see recent changes. You will be subject to the Agreement and the policies in force at the time that You use the Platform or any part thereof, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by You). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Waiver:
If You breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where You breach these conditions.
Assignment:
You may not assign or transfer this Agreement, by operation or law or otherwise. Any attempt by You to assign or transfer this Agreement will be null and void.
Severability:
If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in effect.
Events beyond our reasonable control: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect Your statutory rights.
Contact Us: If You’ve have concerns or queries regarding this Agreement,
You may write to us by email at contact@mavenoakexpress.in
