TERMS OF SERVICE
- This document is an electronic record as agreed by the user to be in full compliance with all terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended thereafter. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Stargazer Technologies Private Limited ( also referred to as “Stargazer “/”MozaicQ”/”Mozaicq”/”we”/”us”/”our”) a company incorporated under the Companies Act, 1956 with its registered office at # 111, Site No 9, Kothnoor Villeage Uthrahalli, Hobli, Bangalore – 560 077, Karnataka, India owns and operates the MozaicQ website located at https://www.mozaicq.com (“Site”) and the MozaicQ mobile applications available for download via various stores and platforms (“Apps”), collectively referred to as the “ Platform”. The Platform is a channel that helps Users (“Members”/”You”/”Users”) to list, connect for enquiry, buy and sell goods. Our Terms of Service (“Terms“), are intended and designed to create a fun, fair, non discriminatory and safe environment for all Members.
You are expected to read these Terms carefully as they govern our relationship with the Members and their usage of Platform. By using the Platform, Members are agreeing to our Terms and Policies, which may be updated from time to time at our sole discretion.
- Membership Eligibility
Use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. If any such individual wants to wishes to use or transact on the Platform, such use or transaction may be made by the/under supervision of person’s legal guardian or parents. We reserve the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to our notice or if it is discovered that such person is not eligible to use the Platform.
- What is MozaicQ?
The Platform is an application software/website/app that is used by businesses and brands run by individuals or registered corporate entities (hereinafter “Sellers”) to display their product catalogue to users
The Sellers can generate enquiries from Users in the form of Chat, Private messages, emails, or any other electronic medium both within and outside the Platform
Some of the “Sellers” based on mutual consent between MozaicQ and the Seller, the terms of which are defined under a separate “Seller Contract Agreement” can complete a transaction with a User within the Platform. Such Sellers are called “Ecommerce Sellers”.
- Acceptance of Terms
Please carefully read these Terms. By accessing or using the Platform, you are agreeing to these Terms and concluding a legally binding contract with MozaicQ. You may not use the Platform if you do not accept the Terms or unable to be bound by the Terms.
In order to use the Platform, you must first agree to the Terms. You can accept the Terms by
Logging into the Platform by via Facebook, Google or your personal e-mail and/or Mobile Number; or
Actually using the Platform ( with or without logging in). In this case, you understand and agree that MozaicQ will treat your use of the Platform as acceptance of the Terms from that point onwards.
- Opening an Account
- In order to access certain parts of the MozaicQ Service, you may be required to create a MozaicQ account (an “Account”). In connection with creating an Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (i) provide true, accurate, current and complete Registration Data; (ii) maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) consent to allow MozaicQ to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as MozaicQ may elect to do from time to time.
- You may register and login using your Phone Number and email id. You agree to share your phone number and email so that we can use that for the purpose of verification.
- Agreement to receive Mails & Phone calls
You hereby by way of accepting these Terms consent to the receipt of communication from us by way of e-mails, newsletters, WhatsApp messages & Phone calls.
- Sellers in the Platform/MozaicQ
Sellers could be any individual or registered companies who can create a store-front ( “Store”) in the Platform. These Stores can be of two types:
- “Display Stores” where the Sellers can display their product catalogue
- “Ecommerce Stores” where the Sellers can display as well as sell – defined as receiving money for the transaction from a Buyer (a User who buys or enquires about the product in the Platform)
The governing principles of Display Stores and Ecommerce stores are covered under User Content and Rules for Buying/Selling/Lead Generation/Connecting for Enquiry
Any further Governing principles for Ecommerce Stores are covered under terms specified for specific transactions – that can vary from as per products and shops.
- User Content
Content that any member post in Platform is referred to as “User Content” or “Your Content”. We don’t make any claim to User Content which includes anything Members/Your post, share or perform in our platform (including but not limited to listing photos, listing descriptions, usernames, profile pictures, comments, likes, links, etc.).
- These content can be listed/posted in Shop Listing, Product Listing, Community sections of our Platform
- Responsibility for User Content. Members are solely responsible for their respective User Content. By posting content on the Platform, Members represent and warrant that they have the necessary rights to grant the license rights granted herein.
- By posting Your Content, you grant MozaicQ a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote MozaicQ, your MozaicQ account, or the Services in general, in any formats and through any channels, including across any MozaicQ Services or third-party website or advertising medium
- Reporting Unauthorised Content. If content that you own or have rights to has been posted in Platform without your permission and you want it removed, please report to us at legal@MozaicQ .com. If Your Content infringes another person’s intellectual property or goes against the spirit of the platform and the community or breaks the law of the land (severally or together), we will remove it if we receive proper notice. We’ll notify you if that happens.
- No user is allowed to post content that propagates hatred, is threatening, is sexual or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
- Members can delete content and information, however if you share information with other Members that information and content may remain available to those Members, and the persons or Community with whom they have shared that content and information.
- By posting any content in our Platform, you are automatically granting the right of accessing and sharing the information within the bounds of MozaicQ and MozaicQ Community rules. In certain cases, the profile information of other users who have shared your content may appear along with yours
9. Links to Third Party Websites/Apps/Content
The Website may contain links and interactive functionality interacting with the websites of third parties. MozaicQ is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such websites/apps/contents, MozaicQ strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party websites/apps/contents.
10. Rules for Buying /Selling/Lead Generation/Connecting for Enquiry
Unless specified otherwise in case of specific stores MozaicQ is not involved in the actual transactions between Members – Sellers or buyers/Users. For further clarity:
- All agreements made for the exchange or purchase of goods or services are made directly between Members. Platform facilitates communication between the Buyer and the Seller.
- You must be 18 or older to use Platform. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
- Sellers must be legally able to sell the Item(s) posted for sale. Sellers represent and warrant that they are the sole owners of Items they offer for sale on the Platform.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- MozaicQ doesn’t claim to nor share any responsibility towards screening or vetting the products that are offered for sale in the platform.
- Disputes between buyers and sellers must be resolved between them. Similarly there is no obligation or liability on MozaicQ’s part towards resolving any such dispute. Members can email us at legal@MozaicQ .com to assist in resolution of disputes – wherein we may decide to provide informal advice in addressing the same. However responsibility for resolution of disputes remains solely with buyers and sellers.
- MozaicQ reserves the right to remove the item and/or, subject to the severity of the breach, the member from MozaicQ in case of any violation of Terms of usage which includes but not limited to the posting of Prohibited or restricted items in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force and objectionable content.
- Platform is used for the posting of Items for sale by third parties and we do not advertise or sell our own products or services through the Platform. As a result, we have no control over and, to the extent permitted by law, make no representations, warranties or conditions in relation to the merchantability, suitability, quality, safety or legality of any items advertised on MozaicQ.
- Prohibited Items
MozaicQ prohibits the sale of a number of items, such as but not limited to firearms & explosive materials, drugs & psychotropic substances, alcoholic beverages, prescription drugs and medicines, sexually explicit content, gambling, solicitation services, regulated products and services and illegal goods and services (“Prohibited Items”). It is up to Members to ensure that they are not posting any goods or services that are illegal in their jurisdictions. This list is updated from time to time and is the part of MozaicQ’s Terms and Policies. MozaicQ may, at its sole discretion and without notice, remove any item, content or information that it views as being a Prohibited Item. Community Managers also have authority within their community/communities to remove Prohibited Items without notice. Members may report any Prohibited Items they see posted via email at [email protected]
We expect certain commitments from all our Members to keep Platform safe. This includes but is not limited to:
No posting of content that: is threatening, is sexual or pornographic; incites violence.
No bullying, intimidation, or harassment of any member in the Platform. When interacting with other members in-person, or through any other medium within or outside MozaicQ, you commit to indulge in no behaviour that is in any way: sexual, insulting, threatening, or violent; intimidates another member of the community or any other person; or generally any other form of behaviour that is deemed to fall below the expected standard of behaviour.
You commit not to use Platform to do anything unlawful, fraudulent, misleading, malicious, or discriminatory.
MozaicQ allows Users to message each other within the Platform. You are expected not to spam or sending any unauthorized communication to other users.
You will not indulge in broadcasting spam content to any Community.
Platform allows user to commit to transactions that they have agreed upon and expects user to honour the same. MozaicQ may provide feature(s) to indicate whenever any transaction is agreed upon or whenever an agreed upon transaction is rendered unsuccessful. We expect you to fully utilize these features to make our Platform better.
No collection of Members’ content or information for any purpose other than responding to and facilitating a purchase or sale on products and services listed in Platform.
You are not allowed to promote or provide link to other platforms competing directly or indirectly with MozaicQ without explicit permission from MozaicQ.
No promoting or linking to external websites or mobile applications that contain content that goes against the letter or spirit of these Terms or Policies.
MozaicQ doesn’t assume any liability towards any User Content, where any link or reference to an external site, application or any other form of content is provided.
MozaicQ would provide access to every users Public Profile in Facebook which would be governed by the Terms & Conditions of Facebook and MozaicQ has no control over any information such provided.
You will not share or solicit login information or other private details of users. You will not let anyone else access your account, or do anything else that might jeopardize the security of your account.
MozaicQ doesn’t allow access via automated means/software programs/bots without our prior permission.
You will not upload any kind of malicious code.
No facilitation, encouragement or actual violations of our Terms or Policies.
You acknowledge that by using the Platform, you might be exposed to materials that you consider offensive, indecent or objectionable. Under no circumstances will MozaicQ be liable in any way for such materials or content but if you see any offensive or otherwise objectionable content on the Platform (eg. offers for sale or requests to purchase) please inform us. MozaicQ reserves the right, but not the obligation to regulate content on the Platform. As stated previously, MozaicQ also has the right in its sole discretion to limit, modify, suspend or discontinue or remove any content. However, MozaicQ and its representatives shall not be liable for any losses, damages or harm resulting from such action or inaction.
- Fees & Payments
MozaicQ reserves the right to change its Fee Policy from time to time. In particular, MozaicQ may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event MozaicQ 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 Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.
Transactions between Buyers and Sellers in this Platform will vary in value and in certain cases negotiated directly between Buyers and Sellers. If you are a Seller you are committing to selling items at the cost agreed with a particular Buyer and consummate the transaction in good faith.
Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied. Without prejudice to the forgoing paragraph, MozaicQ does not warrant that:
- This Platform will be constantly available, or available at all; or
- The information on this Platform is complete, true, accurate or non-misleading.
MozaicQ will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. MozaicQ does not warrant that this Platform; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, the liability of return or in giving credit for the amount (if any) received in advance by Seller from the sale of such Product should rest with the Seller.
MozaicQ does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites/platforms using Website’s/platform’s APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, MozaicQ assumes no responsibility for examining or evaluating the products and services offered by them. MozaicQ do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). MozaicQ does not endorse, in any way, any third party website(s) or content thereof.
- Limitation of liability
Because we do not control Buyers, Sellers or any Members, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and our designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the Platform.
18. Disclaimer of Warranties
The platform and all information, content, materials and services included on or otherwise made available to you through the website (collectively, the “contents”) are provided by MozaicQ on an “as is,” “as available” basis, without representations or warranties of any kind. MozaicQ makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the contents and the accuracy of the information. Mozaicq shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, document or information. You expressly agree that the use of the website is at your sole risk. Mozaicq will not be liable for any damages of any kind arising from the use of the Platform or the contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by law, Mozaicq disclaims any and all representations and warranties with respect to the website and its contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.
- Content and Intellectual Property Rights
MozaicQ solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with our Services and Contents and is protected under Indian law.
You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You thereby agree to protect the proprietary rights of MozaicQ during and after the term of this agreement. You may not selectively download portions of the website without retaining the copyright notices You may download material from the Platform only for your own personal use and for no commercial purposes whatsoever.
Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of the country.
MozaicQ respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to MozaicQ at legal@MozaicQ .com .
20. Termination of Access to your Services
Members/Users may terminate their account and/or stop using MozaicQ at anytime unless specified under other Contracts with, but not limited to Sellers, specific Users such that this clause is superseded by ay such Contract. MozaicQ reserves the right to, at any time, under any circumstances and without prior notice, immediately ban or terminate or suspend all or a portion of a member’s account and/or access to MozaicQ. Cause for such termination shall include but is not limited to: Violations of the letter or spirit of these Terms or any other Policies that are referenced herein and/or posted on MozaicQ; A request by a member to cancel or terminate an account they opened; Discontinuance or material modification to MozaicQ or any party thereof; A request and/or order from law enforcement, a judicial body, or other government agency; where provision of the MozaicQ, or any component thereof, to a member is or may become unlawful; unexpected technical or security issues or problems; or participation in fraudulent or illegal activities. Any such termination or suspension shall be made by MozaicQ in its sole discretion, and MozaicQ will not be responsible to any member or any third party for any damages that may result or arise out of such termination or suspension of an account and/or access to MozaicQ.
22. Governing Law
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Bangalore, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Bangalore, India.
Nothing in these Terms and Policies shall prevent us from complying with the law. We reserve all rights not expressly granted herein. Amendments to these Terms and Policies may be made from time to time without prior notice. Your use of the Platform after any amendments or updates to these Terms and Policies shall signify your acceptance of such revised terms. Members must comply with all applicable laws when using or accessing MozaicQ. MozaicQ uses certain content provided by Icons8.com adhering to the guidelines outlined by the owner of the aforementioned website. All content provided by MozaicQ and forming part of the Platform, such as text, graphics, logos, is the property of Stargazer Technologies Pvt Ltd. or its suppliers and is protected by Indian and international copyright laws. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Platform. In the event that any provision or part thereof is determined by a court of competent jurisdiction to be unenforceable, such provision, or part thereof, shall be deemed to be severed from this Agreement and the remaining provisions of this Agreement shall continue in full force and effect and shall be binding upon the parties hereto as though such severed provision had not formed part of this Agreement.
24. Grievance Redressal Mechanism
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Name: Mr. Jyotirmoy Bhattacharjee,
Mobile: +91 9980041069
E-mail: [email protected]
25. How to Contact Us
If you have questions or concerns about this Policy, please contact us at [email protected]