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Terms of Service

Last updated: June 2026  |  Effective from: June 2026

1. Company Information

Mitrotsav is a social gifting and celebration platform owned and operated by [Company Legal Name], a company incorporated under the Companies Act, 2013, with its registered office at [Registered Address, City, State, PIN], India. CIN: [CIN Number]. GST: [GST Number] (if applicable).

References to "Mitrotsav", "we", "us", or "our" in these Terms refer to [Company Legal Name] and its officers, directors, employees, agents, and assigns.

2. Acceptance of Terms

By accessing or using the Mitrotsav App or website ("Platform"), you confirm that:

• You have read, understood, and agree to be bound by these Terms of Service
• You agree to our Privacy Policy and Refund Policy, which are incorporated into these Terms by reference
• You are legally capable of entering into binding contracts under applicable Indian law
• If you are using the Platform on behalf of an organisation, you represent that you have authority to bind that organisation

If you do not agree to these Terms, you must immediately stop using the Platform and uninstall the App.

3. Eligibility and Age Requirements

• You must be at least 18 years of age to use the Platform.
• Your date of birth is collected at registration and verified on every login. It is permanently linked to your account and cannot be changed after first set — this prevents age falsification.
• If we discover that a user under 18 has registered on the Platform, we will immediately suspend the account and delete all associated data.
• A mobile number and date of birth combination that has been used by a suspended/banned account cannot be used to create a new account.
• By providing your date of birth, you confirm its accuracy. Providing false age information is a material breach of these Terms and will result in immediate, permanent account termination.

4. User Accounts

• You may only create one account per mobile number.
• You are responsible for maintaining the security and confidentiality of your account.
• You must not share your OTP or account access with any third party.
• You must notify us immediately at support@mitrotsav.com if you suspect unauthorised access to your account.
• We are not liable for any loss resulting from unauthorised access to your account caused by your failure to maintain security.
• You agree to provide accurate, current, and complete information when creating your account and to keep it updated.

5. Use of the Platform

Subject to your compliance with these Terms, Mitrotsav grants you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform for personal, non-commercial purposes.

This licence does not include the right to:

• Sublicense, sell, resell, or commercially exploit the Platform or its content
• Reverse engineer, decompile, or disassemble any part of the Platform
• Remove, alter, or obscure any proprietary notices on the Platform
• Create derivative works based on the Platform
• Use the Platform for any commercial purpose without our express written consent

6. Prohibited Activities

You agree not to:

• Post, share, or send content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order (IT Act Section 69A)
• Upload, post, or share child sexual abuse material or any content harmful to children — zero tolerance; such material will be reported to law enforcement and CyberCrime portal immediately (POCSO Act 2012)
• Upload, post, or share content that is defamatory, obscene, pornographic, sexually explicit, hateful, discriminatory, or violent
• Spread misinformation or false information that causes or may cause panic, riot, or civil unrest
• Promote, facilitate, or participate in gambling, money laundering, or other illegal financial activities
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Harass, stalk, bully, or threaten other users or incite hatred on the basis of religion, race, caste, gender, or ethnicity (IPC Section 153A)
• Use the Platform to facilitate fraud, scams, phishing, or deceptive practices
• Spam other users with unsolicited messages
• Upload malware, viruses, or any code designed to disrupt or damage any computer system
• Attempt to gain unauthorised access to other users' accounts or any part of the Platform
• Use automated bots, scrapers, or crawlers to access the Platform
• Interfere with the proper functioning of the Platform or its servers
• Attempt to register or use the Platform if you are under 18 years of age
• Provide a false date of birth or other false identity information
• Use the Platform for any activity that violates Indian law, including the Information Technology Act, Indian Penal Code, or any other applicable statute
• Create fake accounts, use false identities, or manipulate ratings or reviews
• Post content that promotes political parties, religious propaganda, or communal hatred

7. User-Generated Content

The Platform allows you to create and share content including messages, wish cards, promotion posts, profile information, and occasion details ("User Content").

• You retain ownership of your User Content.
• By posting User Content, you grant Mitrotsav a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, modify, display, and distribute such content solely to provide and improve the Platform.
• You represent and warrant that your User Content does not violate the rights of any third party, including copyright, trademark, privacy, or personality rights.
• You are solely responsible for your User Content. Mitrotsav acts as an intermediary and is not liable for User Content under Section 79 of the IT Act, 2000, provided it complies with due diligence requirements.
• We reserve the right to remove any User Content that violates these Terms or applicable law without prior notice.
• The Promotion feature requires the subject's consent before content goes live. You must not create promotional content about a person who has declined your promotion request.

8. Orders and Payments

8.1 Order Placement

• All orders are subject to product availability and vendor acceptance.
• Prices displayed are inclusive of applicable taxes unless stated otherwise.
• We reserve the right to cancel orders where pricing errors have occurred.
• Payment features are not available to users under 18 years of age.

8.2 Payment Processing

• Online payments are processed by Razorpay Financial Solutions Pvt. Ltd. ("Razorpay"), a RBI-regulated payment aggregator.
• Mitrotsav does not store your card number, CVV, or banking credentials.
• Cash on Delivery (COD) orders are confirmed only upon successful delivery with OTP verification.
• By initiating a payment, you confirm that you are the authorised holder of the payment instrument.

8.3 Delivery

• Delivery timelines are estimates only. We are not liable for delays caused by vendors, logistics issues, or events beyond our control.
• Delivery confirmation requires OTP verification by the recipient.
• Mitrotsav acts as a marketplace facilitator. Vendors are responsible for the quality, accuracy, and timely delivery of orders.

9. Vendor Terms

Vendors who list products and services on the Platform agree to:

• Fulfil orders accurately, completely, and within the stated timeframe
• Maintain product quality consistent with descriptions and images provided
• Comply with all applicable laws including the Consumer Protection Act, 2019, the Food Safety and Standards Act (if applicable), and local regulations
• Not engage in misleading advertising or false pricing
• Handle customer data shared by Mitrotsav solely for order fulfilment
• Resolve customer complaints promptly

Mitrotsav reserves the right to suspend or permanently remove any vendor for violations of these Terms, consumer complaints, or quality failures, without liability to the vendor.

10. Intellectual Property

All intellectual property rights in and to the Platform — including but not limited to the Mitrotsav name, logo, design, code, features, text, graphics, and data — are owned by or licensed to [Company Legal Name] and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and other applicable laws.

Nothing in these Terms grants you any right, title, or interest in or to the Platform's intellectual property. Any unauthorised use of our intellectual property is strictly prohibited and may result in legal action.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION OF THE PLATFORM
• ACCURACY OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE PLATFORM
• THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS

We do not warrant the quality, safety, accuracy, or legality of any products listed by vendors on the Platform.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• Mitrotsav's total aggregate liability to you for any claim arising out of or relating to these Terms or the Platform shall not exceed the amount you paid to Mitrotsav in the 3 months preceding the event giving rise to the claim.
• Mitrotsav shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, goodwill, or business opportunity.
• Mitrotsav is not liable for the actions or omissions of vendors, delivery personnel, or third-party service providers.
• Mitrotsav is not liable for any loss arising from unauthorised access to your account caused by your failure to maintain security.
• Mitrotsav is not liable for content posted by other users.

Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Mitrotsav, its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Platform in violation of these Terms
• Your User Content
• Your violation of any third party's rights, including intellectual property, privacy, or personality rights
• Your violation of any applicable law
• Any misrepresentation made by you

14. Account Suspension and Termination

14.1 Termination by You

You may delete your account at any time through the App (Profile → Delete Account) or by emailing support@mitrotsav.com. Deletion removes your profile and personal data within 30 days, subject to retention requirements under applicable law.

14.2 Termination by Mitrotsav

We reserve the right to suspend or permanently terminate your account, with or without notice, if we reasonably believe you have:

• Violated these Terms
• Engaged in fraudulent, illegal, or harmful conduct
• Provided false registration information
• Created a risk to the safety of other users or the Platform
• Attempted to use the Platform while under 18 years of age

14.3 Effect of Termination

Upon termination, your licence to use the Platform is immediately revoked. Sections on intellectual property, limitation of liability, indemnification, governing law, and dispute resolution survive termination.

15. Force Majeure

Mitrotsav shall not be liable for any failure or delay in the performance of its obligations under these Terms caused by events beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, floods, earthquakes
• Pandemics or public health emergencies
• Government orders, regulatory actions, or changes in law
• Internet or telecommunications outages
• Cyberattacks, denial of service attacks, or data breaches attributable to third parties
• Labour disputes or strikes not involving Mitrotsav employees

In such events, our obligations will be suspended for the duration of the force majeure event. We will notify users of any material service disruption as soon as practicable.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Subject to the dispute resolution clause below, you agree that the courts located in [City of Jurisdiction, e.g., Bhubaneswar, Odisha], India shall have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms or the Platform.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting our Grievance Officer at grievance@mitrotsav.com. We will endeavour to resolve the dispute within 30 days.

17.2 Consumer Forum

If the dispute relates to a product or service transaction, you may also approach the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.

17.3 Arbitration

If informal resolution fails, disputes shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement, or failing which, as per the rules of the Indian Council of Arbitration. The seat and venue of arbitration shall be [City], India. The language of arbitration shall be English.

17.4 No Class Actions

You agree that any dispute will be resolved only on an individual basis and not as part of a class action, collective action, or representative proceeding.

18. Severability and Entire Agreement

Severability: If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Mitrotsav with respect to the Platform and supersede all prior agreements, representations, or understandings.

No Waiver: Failure by Mitrotsav to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes:

• We will update the "Last updated" date at the top of this page
• We will notify registered users via a push notification or in-app message at least 7 days before the changes take effect
• Continued use of the Platform after the updated Terms are published constitutes acceptance

If you do not agree to the updated Terms, you must stop using the Platform.

20. Grievance Officer

21. Contact Us

Email: support@mitrotsav.com
Website: mitrotsav.com
Address: [Registered Address, City, State, PIN — India]