Last Updated on [16 August 2024]

 

Terms and Conditions

Please read these terms and conditions ("Terms") carefully before accessing or using Valmo’s website “valmo.in”, any of the offline businesses run under the brand name Valmo, mobile application and any of the platforms/tools developed by us from time to time (together referred to as Platform). These Terms along with the Privacy Policy published on our website ("Privacy Policy") and other policies (as may be notified/displayed/published on our website/mobile application or any other tool or platform as may be notified to you) constitutes the contract between you and the Company. By use of our Platform, you agree to be bound by these Terms and any other policies as mentioned above as updated from time to time.

 

  1.  What is Valmo and who operates it?

  1. Valmo is a brand where registered delivery executives and delivery partners (together, “Partners”) can offer to provide their logistics services.

  1. The Platform provided under the brand name “Valmo” are run by Fashnear Technologies Private Limited ("Company").

  1. The Company does not own, sell, resell, furnish, provide any logistics services. Company’s role is limited to facilitating the services and associated marketing, facilitating payment collections, fulfillment, enquiry management and other incidental services to enable the transactions between Partners and end-users.

  1. When are these Terms applicable and binding on Users?

  1. The Terms and other Company policies as published on our websites and/or other tools or platforms are applicable to any person when they install, download any tool, visit or access the website or any of the tools/platforms of Valmo, or utilize our offline Platform, which include without limitation browsers, Suppliers, merchants, purchasers or contributors of content and onboarded Partners (collectively, "User/You").

  1. These terms are applicable from the date on which any of our tool or application is downloaded/website is accessed or offline services are utilized or signed up for and/or the date on which terms of agreement (i.e., our Terms and any other Valmo policies) is updated, creating a legally binding arrangement between the User and the Company.

  1.  Whether the Terms or any other Valmo policies can be modified?

  1. Users can review the most current version of the Terms and any other Vamo policies at any time on Valmo website. Company reserves the right to unilaterally update, change or replace them at any time and such amended provisions of the Terms or any other Valmo policy shall be effective immediately upon being posted on the website.

  1. It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.

  1.  What if the Terms are not acceptable to the User?

If the User does not agree with these Terms or the terms of any other agreement executed between them and the Company, the User is advised to refrain from using the Platform. By use of the Platform, it is signified that the User agrees to abide by all our Terms and/ or policies (as updated from time to time).

  1. Eligibility

You may use the Platform in accordance with our contractual arrangement with you and /or as per these Terms. You must be over the age of eighteen (18) years and able to understand and agree to the terms set forth in these Terms.

 

  1. What details are required from Users?

The Users are required to share their personal details including name, address, phone number, payment information along with other details as mentioned in the form or otherwise requested at the time of onboarding or registration. By such registration, User consents to be contacted by Company via phone calls, SMS notifications, WhatsApp communications, e-mails, instant messages or other such means of communication inter alia for subscription/services/promotional updates etc.

It is the responsibility of the Users to provide the correct contact details so that the Company can communicate with the Users. The Users understand and agree that if the Company sends any communication, including an SMS or reaches out otherwise, but the Users do not receive it because the Users’ contact details are incorrect, outdated or blocked by the User's service provider, or the Users are otherwise unable to receive such communication, the Company shall be deemed to have provided the communication to the Users effectively.

It is the User’s responsibility to provide accurate, current and complete information during the onboarding process and to update such information to keep it accurate, current and complete.

 

  1. Can a User be suspended or terminated from using the Platform?

  1. The Company reserves the right to suspend or terminate the access to the Platform (or any part thereof), including blocking any amounts due to the User and associated account without notice and the Users will remain liable for all amounts due up to and including the date of termination, if:

  1. If the violation of the terms or any other agreement gives rise to criminal or civil action, the Company may at its sole discretion pursue such action.

  1. Without prejudice to the above stated rights of the Company, in case of alleged fraud or other breach of these terms by User, Company may at its sole discretion (a) withhold all amounts payable to such User; and (b) impose penalties as the Company may reasonably determine and set off such penalties from the monies payable by Company to such User.

  1. Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if any User has failed to comply with any of the provisions of these Terms or any other agreement executed between you and the Company. Company shall have all the rights to take necessary action and claim damages that may occur due to User's involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.

  1. What are User obligations vis-à-vis the Platform?

  1. User acknowledges and agrees that having access to Platform does not grant it any rights in respect to such Platform, Valmo’s website or any tools or applications created pursuant to it unless such a right is specifically granted to them by the Company. The User understands that all the rights in and to the Platform are and shall forever be owned by and inure to the benefit of the Company.

  1. All information displayed, transmitted or carried on by the Company is protected under applicable laws. All rights, including copyright, in this website or any other information belonging to the Company are owned by the Company.

  1. The Platform is provided solely for the use of current and Users to interact with Valmo and may not be used by any other person or entity or for any other purpose.

  1. Any material on the Platform is solely for your personal, non-commercial use. You may not copy, modify, publish, translate, transmit, distribute, adapt, reproduce, create derivative work from, repost, display, decompile, reverse engineer, disassemble or in any way commercially exploit any of the content available on the Platform, or any other tool or application run under the brand name of Valmo. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

  1. You agree that when accessing the Platform, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

  1. You will not publish, post, upload, distribute or disseminate information which:

  1. is inappropriate, profane, defamatory, infringing, obscene, indecent, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever on any topic, name, material or information on Valmo website or any related tool or application;
  2. does not belong to you or on which you do not have any right;
  3. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit, unlawful, harmful, dangerous or stolen products;
  4. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

  1. User will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent their identity or affiliation with any person or entity in trying to access or use the Platform. User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Valmo on or through the Platform. You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity;

  1. User will not or attempt to delete or modify any content of Valmo’s website or any related tools or applications, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos;

  1. User shall not access Platform without authority or use Valmo’s website or any related tools or applications in a manner that damages, interferes or disrupts it or any part of it;

  1. User shall at all times ensure full compliance with the applicable law, as amended from time to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Platform. The User shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

  1. In order to allow Company to use the information supplied by the Users, without violating any rights or any laws, Users agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. Company will only use the information in accordance with these Terms and/or other Valmo policies, applicable to use of Platform.

  1. You will not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Valmo website or content, or in any way reproduce or circumvent the navigational structure or presentation of the website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website;

  1. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

  1. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Valmo/the Company or the brand name or domain name used by Valmo/Company or otherwise engage in any conduct or action that might tarnish the image or reputation of Valmo/the Company/Platform or otherwise tarnish or dilute any Valmo trade or service marks, trade name and/or goodwill associated with such trade or service marks, tradename as may be owned or used by us.

  1. On registration, the Users may receive a password protected account and an identification. The Users agree to: maintain the confidentiality of their password, if applicable; take full responsibility for all activities by Users accessing the website through their account; immediately notify the Company of any unauthorized use of their account or any other breach of security that they become aware of.

  1. Whether for transacting further to using our Platform, User is required to be registered under the Central or State Goods and Services Tax Legislations ("GST Laws")?

  1. Company is not obligated towards any direct or indirect tax obligation of the User that may arise as a result of User's access or use of Platform. The requirement for registration and compliances under the GST Laws and other tax laws is the sole responsibility of the User, the Company is not liable for any omissions or commissions by such User who acts in violation of any applicable law. Accordingly, User is advised to seek independent tax advice relating to its business and/or transaction in relation to the Platform.

  1. What is the accuracy and completeness of all information displayed on the Valmo website and/ or other tools or application?

  1. Company takes all endeavors to the best of its efforts to keep information on its website or any other tools or applications accurate. However, the material and content provided in these forums is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information.

  1. Company undertakes no obligation to update, amend or clarify information on its website or any other tools or applications, including without limitation, pricing information, except as required by law. Any reliance on the material on our website or any other tools or applications is at the Users’ own risk.

  1. The website and/or any other tools or applications may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of its website and/or any other tools or applications at any time but has no obligation to update any information on its website or any other tools or applications.

  1. User is solely responsible to monitor changes to the information on our website or any other tools or applications. No specified update or refresh date applied to our website or any other tools or applications should be taken to indicate that all information on our website or any other tools or applications or pertaining to the Platform have been modified or updated.

  1. Occasionally there may be information on our website or any other tools or applications that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the pricing, promotions, offers, transit times and availability. Company reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information is inaccurate at any time without prior notice.

  1. The Information is provided ‘as is’ with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

  1. What warranties are provided with respect to the Platform?

The Platform and its contents are provided “AS IS”. Valmo and its licensors disclaim any and all warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement regarding the Platform and any content hosted thereon and your ability or inability to access or use the Platform.

Without prejudice to the forgoing paragraph, Valmo does not warrant that:

  1. What information is collected from the User? How does the Company deal with the information provided to it by a User?

  1. Company collects various types of information, some information is non-personal information and some is personal information.

  1. All information about Users that are collected, stored, or transmitted is processed for facilitating various operations in relation to the Platform and logistics services, including registration, order placement, listing, delivery, or payments.

  1. For a more comprehensive understanding, Users are encouraged to view the Valmo’s Privacy Policy available on the website.

  1. Does Company use third-party links or third-party tools on its website? Are these links and tools accurate and secure?

  1. Certain content available on our website may include materials from third parties. Third-party links may direct User to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

  1. Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites regardless of the existence of any third-party link. Please review carefully such third-party’s policies and practices and make sure to understand them before engaging in any transactions.

  1.  Can Users use the content published on our website such as the "Valmo" mark when doing business with other parties?

  1. Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

  1. "Valmo" and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption, copying, modification, use or publication of these marks is strictly prohibited.

  1. Users must not modify the paper or digital copies of any materials created in relation to the Platform. They must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

  1. Users must not use any part of the content on Valmo website or any of our tools or applications for commercial purposes without obtaining a license to do so from the Company. All rights, not otherwise claimed under these Terms or any other agreement executed between the Company and you are hereby reserved.

  1. User understands that Valmo website or any of our tools or applications and software embodied within them may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company or other parties that facilitate the same.

  1. User agrees that it will not attempt to override, disable, circumvent, or otherwise interfere with any such security components and usage rules embedded in Valmo website or any of our tools or applications.

 

  1. What are the standard disclaimers in relation to the Platform?

  1. All services provided under Valmo’s brand name are provided by Partners and the Company, in no event, is or will be liable to User including or anyone claiming through a User in respect of Services under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of the Platform.

  1. Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of Platform, or for any other claim related in any way to the use of Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content posted, transmitted, or otherwise made available via the website or any other tools or applications, even if advised of their possibility.

  1. Users shall be solely responsible for damages, if any, to their data system or for loss of data arising from download of content from our website or any other tools or applications. No guidance or information, written or oral, obtained from Company, shall constitute any warranty, unless stated otherwise.

  1. What happens to the User’s order in case of a lockdown or other force majeure event?

  1. Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, epidemic or pandemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network.

  1. Force majeure or other events beyond the Company’s control entitles the Company to suspend or limit the Platform until further notice.

  1. How to contact the Company in case of any grievances regarding Services?

All concerns or grievances about Platform should be sent to the Company at legalsupport@meesho.com. Murthy SN is the designated Grievance Officer in respect of this Agreement. Any complaints or concerns with regard to the Platform or any breach of this Agreement can be directed to the designated Grievance Officer in writing at the following address: 3rd Floor, Wing-E, Helios Business Park, Kadubeesanahalli Village, Varthur Hobli, Outer Ring Road Bellandur, Bangalore, Bangalore South, Karnataka, India, 560103

  1. Termination Of Use

We may discontinue, suspend or modify the Platform at any time without notice, and may block, terminate or suspend your and any users access to Platform at any time in its sole discretion.

  1. Severability

If any part of the provisions contained in these Terms are determined to be invalid, or unenforceable to any extent, such provision shall be severed from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.

  1. Frauds

Company urges the Users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorized representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from the valmo.com domain. .

 

  1. Can User disclose its communication through calls with the Company to third parties?

All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company may be monitored and recorded.

 

  1.  Indemnity

You shall indemnify and hold harmless the Company, its owner, licensee, affiliates (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these terms of use, privacy policy and other terms and conditions, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party, wilful misconduct and gross negligence and any of your activities conducted in connection with the Platform.

  1. Miscellaneous provisions applicable to terms

  1. These terms are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to these Terms or the Platform provided by the Company shall be subject to the jurisdiction of the courts at Bangalore, India.

  1. Company shall have the right to assign its obligations and duties under these Terms to any person or entity.

  1. The failure of the Company to exercise or enforce any right or provision of these Terms  shall not constitute a waiver of such right or provision.

  1. The Platform is controlled and operated from India and the Company makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of the Platform from outside India is entirely at User's sole risk and User agrees and undertakes to be responsible for compliance with all applicable local laws and agrees to release, discharge and absolve Company from any liability or loss in this respect.

  1. Company reserves the right to introduce and initiate new features, functionalities and components to Valmo website or any tools or applications or any aspect of its offline business and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Company is entitled to discontinue (either permanently or temporarily) one or more of the Platform provided or charge for Service which were early free of cost, without any prior notice to User.