Terms

MRDUKA.COM: TERMS OF SERVICE

PLEASE CAREFULLY READ OUR TERMS OF USE AS DETAILED BELOW. BY ACCESSING, BROWSING OR USING THIS WEBSITE, mRdUKA.COM, YOU INDICATE THAT YOU HAVE UNDERSTOOD AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS WEBSITE.

This document is an electronic record under the 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 by the Information Technology Act, 2000. These terms of use are an electronic record, generated by a computer system, and do not require physical , electronic or digital signatures.

Additionally, this document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the website www.mrduka.com.

The website url domain name www.mrduka.com (hereinafter referred to as "Website") is owned by Iconia Ventures, with its registered office at Horizon Drive, off Golf Course Road, Icon Apartments, DLF Phase V, Sector 43, Gurgaon, Haryana, India , 122002: (hereinafter referred to as "MrDuka" or ''MrDuka.com'').

MrDuka allows the Users to surf the Website for browsing , discovering products and / or making purchases, where purchasing is made possible, with or without registering on the Website.

For the purpose of these Terms of Use, wherever the context so requires , ''User'', "You" , ''Your'' , ''Yourself'' shall mean any natural or legal person who has agreed to become a member of or buyer on the Website by providing Registration Data while registering on the Website as a Registered User using electronic or digital media such as a computer system or mobile device.

Vendor, Store or Merchant: For the purpose of these Terms of Use, wherever the context so requires , ''Vendor'', "Store" or ''Merchant'' shall mean any owner of an establishment or business (shop, store, retailer , wholesaler, manufacturer, service provider) whose products, inventory or services are listed and / or advertised on Furnicha.

The term "We", "Us", "Our", 'www.mrduka.com'' or ''MrDuka'' shall mean Iconia Ventures.


ACCEPTANCE OF THESE TERMS:

Your use of this Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you use or transact using this Website, or any other digital or non digital representation of this website, such as telephone, SMS, Messaging or any other such medium through which MrDuka.com may provide services ( collectively known as ''Media'' ), you shall automatically be bound by these Terms of Use, and be subject to the policies that are applicable to the Website for such use or transaction. By mere use of the Website, you are deemed to be contracting with Iconia Ventures and these terms and conditions including the policies constitute your binding obligations, with MrDuka.com.

When You use any of the information or services provided by Us through the Website, including but not limited to (e.g. Product Reviews, User or Seller Reviews, Blog articles, Video Reviews), You will be subject to the rules, policies, terms, guidelines and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of these Terms of Use.

By impliedy or expressly accepting these Terms of Use, You also accept and agree to be bound by MrDuka Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

CHANGES TO TERMS OF USE

We reserve the right, at our sole discretion, to change, modify , add or remove portions of these Terms of Use at any time, without any prior written notice to You.

In certain cases, at our sole discretion, if a material change is made to the Terms, then We may post a notice of the salient nature of the change(s) along with details of these changes , but it is nonetheless deemed your responsibility to review these Terms of Use periodically for updates or changes.

Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ELIGIBILITY

Use of MrDuka.com, either with or without registration ( see below) or by any other means, is available only to persons of at least 18 years of age, who are Residents of Kenya, and who are of sound mind, eligible to enter into a legally binding contract, and or are not barred by any law for the time being in force.

REGISTRATION

While it is not mandatory to register with our Website to use some of the general services offered on MrDuka.com, certain sections of this Website are accessible only after Registration.

If registration is requested, you hereby agree to provide us with complete and accurate registration information. You thereby also agree to the collection, transfer, storage and use of any personal information provided by you on the website by MrDuka.com. Further, it shall be your responsibility to inform us of any changes to the information provided by you. Every single registration as a User is for an individual only. You are also solely responsible for maintaining the confidentiality and security of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password. During the registration process with the Website, you will be asked to provide us with certain information including, but not limited to, your full name, contact telephone number, date of birth, gender, and a valid email address. To understand how we collect and use your information, please read our Privacy Policy.

USE OF INFORMATION SUBMITTED BY YOU

Information of a personally identifiable nature, provided by you shall be treated with confidentially , as per our Privacy Policy. Any material, including, but not limited to any reviews, comments, feedback, data, images, support communication, ideas or the like, communicated to us by you, will be treated as non-confidential and non-proprietary. We take no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to use, reproduce and distribute the information to others without restriction. We are also free to use any concepts, ideas, expertise or techniques contained in information that you send us for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products and services incorporating such information. All phone conversations between you and us about may be recorded and you hereby consent to such recording and monitoring.

PRIVACY POLICY

We are committed to protecting the privacy and confidentiality of any personal information that it may request and receive from the User. To read our privacy policy statement regarding such personal information please refer to our Privacy Policy.

CONTENT DISCLAIMER

Our website MrDuka.com, obtains, displays and communicates information provided directly by various independent, third party Vendors, Stores, Merchants, Advertisers, Publishers, Content Partners, Software developers, Employees, Users and other third parties. While we ascertain the authenticity of the content on our website, to the best of our abilities, we do not have full control over the nature of the content, the accuracy or integrity of such content or quality of such content and the information on our pages, and content on the Media may include inaccuracies , technical or otherwise, and / or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its accuracy, authenticity, quality, currency, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we will not be held liable for any losses , damages or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Media or any of them including but not limited to content based decisions resulting in loss of revenue, profits, data, property etc. All of the information on various vendors, products and promotions including but not limited to, the availability and pricing of any product or service or any feature thereof, is subject to change without notice by the party providing the product, service, advertisement or promotion. You as the User, should use your own discretion while using our website and all connected media.

We reserve the full right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in, any portion of the Media. Where appropriate, we will strive to update content and information listed on our Website on a reasonably timely basis, but shall not be liable for any inaccuracies in any event. All rights including trademarks and copyrights in respect of the domain name and Media content hosted on our url domain, are reserved with MrDuka.com. Users are permitted to read, save, download or print text, data and/or images and graphics from the Website or any other Media, for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Media in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against you. Links to third-party, external internet websites or other digital sources, may be provided within the content on the Website or other Media as a convenience to you. The listing of an external site does not imply endorsement of the site by MrDuka or its affiliates. Further, we do not make any representations regarding the availability and performance of its Media or any of the external Websites to which we link. When you click on Vendor or Merchants banners, advertisements, sponsored links, or other external links from the Website or other Media, your browser automatically may direct you to a new browser window that is not hosted or controlled by us. MrDuka.com and its affiliates are not responsible for the content, integrity, quality, authenticity or technological safety of these external sites.

We reserve the right to disable links to or from third-party sites to any of our Media, although we are under no obligation to do so. This right to disable links includes links to or from Vendors, Merchants, Advertisers, Sponsors, and content partners that may use our Marks as part of a co-marketing relationship. Certain external links may produce information that may be of an objectionable, offensive or inappropriate nature. We will not be held responsible for the decency, legality, accuracy, relevancy or copyright compliance of material contained in any externally linked Websites. We do not fully screen or investigate business listing Websites before or after registering them as Vendors, Merchants, Advertisers or Partners in listings that become part of the content on our website and Media, and hence we make no representation and take no responsibility concerning the content that third parties submit to become listed on our website or media. Sections of our website allow for and invite User participation in manner of reviews, opinions, feedback or comments and other information provided by the general public. Furnicha.com will at no point of time be responsible for the accuracy or correctness of such information. Further, we reserve the absolute right to accept / reject information from Vendors / Merchants, Users and / or Advertisements from advertisers and impose/relax Media access rules and regulations for any user(s). Furnicha.com also reserves the right to fully manage , restrict or discontinue the rules and regulations governing the access of the website and Media, whether in terms of fees to access, restriction in timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of all Users to refer to these terms and conditions each time they use the Website.

WARRANTY DISCLAIMER

Users should take note that Vendors, Merchants, Advertisers or for that matter, any provider of goods or services listed on Furnicha.com, are entitled to register with us based on certain basic eligibility criteria.

While we endeavor to ensure the quality, integrity or reputation of Vendors, Merchants or Advertisers, we Do Not guarantee the same. You as a User , must solely satisfy yourself about all relevant aspects prior to availing of the terms of service. Purchase of goods , items or availing of services from Vendors, Merchants or Advertisers shall be at your own risk. We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including reviews, ratings and recommendations contained on, distributed through, or linked, downloaded or accessed from our website.

References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Media. Any use of the Media and any use of the internet generally shall be at your sole risk.

Furnicha.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the website and Media. Our website and media, and the content contained therein, are provided ''AS IS'' and ''AS AVAILABLE'', without any warranty of any nature, either express or implied or statutory, including but not limited to the implied warranties of merchant ability, fitness or suitability for a certain purpose, or non-infringement. We as Furnicha.com disclaim to the fullest extent permitted by Law, any warranties regarding the safety, security, quality, reliability, accuracy, performance or freshness of any content on our website and Media. Further, we do not warrant that defects or errors will be corrected by us or the Vendors, Merchants or Advertisers.

MrDuka.com disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, content, goods, items or services listed, obtained through, advertised or received through any links provided by our website or media or directly through our website or media. In countries other than India, where exclusion of implied warranties are disallowed, the above exclusions may not apply to you and you may also have other rights depending on which country you reside in and their respective jurisdictions.

LIMITATION OF LIABILITY

In no event will MrDuka.com or its employees, officers, owners or agents be liable to any User on account of such User's usage of our website or Media, misuse or reliance on the media for any loss or damages whatsoever, including direct, indirect, punitive, special , consequential or incidental damages or damages for loss of profits, revenue, use or data whether brought about in warranty, contract, intellectual property infringement, tort, negligence or otherwise, even in case we are of have been made aware of the possibility of such loss or damage arising out of or connected with the use or the inability to use or the performance of our website or media, or of the internet generally, or the use or inability to use, reliance upon or performance of any material contained in or accessed from any media. MrDuka.com does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any content or information, product, process, service or apparatus disclosed on our website or media. The User of the website or Media assumed full responsibility and risk for the use of the website or Media and the Internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under the applicable Law. Some countries do not allow for the exclusion or limitation of liability of consequential or incidental damages so the above exclusions may not apply to all Users. In these countries, Liability is limited to the fullest extent permitted by Law.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FURNICHA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FURNICHA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. FURNICHA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FURNICHA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR 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.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL MRDUKA, IT'S EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS, PROPRIETORS OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MRDUKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE MRDUKA SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MRDUKA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by MRDUKA. MRDUKA makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

CONTENT

MrDuka.com contains content which includes Your Information, Our information and information from other users and sources. You agree not to copy, modify, or distribute such content (other than Your Information), MrDuka's trademarks or copyrights. When you provide us with any content as part of Your Information, you grant us a non-exclusive, irrevocable , worldwide, perpetual, royalty-free, sub-licensable right and license to use, distribute, reproduce, publish, translate, analyse, perform and display such content (in whole or part thereof ) worldwide through the Site as well as on any of our affiliates or partners websites, publications and mobile platform. We require these rights with respect to the content in Your Information in order to host and display your content. If you believe that there is a violation, please notify us in writing via support@mrduka.com.
We reserve the right to remove any such content where we have grounds for suspecting the violation of these terms and our Listing Policy or of any party's rights.

CONTENT TRANSMITTED BY YOU:

Periodically we may change , edit , delete or add content contained on MrDuka.com at any time without notice. While we are under no obligation to monitor the material residing on or transmitted to the website, anyone using the website agrees that we retain the right to monitor the content periodically to ensure compliance with any necessary laws and regulations. MrDuka.com reserves the right to change, edit, reject or eliminate any content listed on or transmitted to its website, that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.

MrDuka.com will also delete any content at the request of the User who submitted the content or at the request of a Vendor or Merchant who is withdrawing from MrDuka.com, including, but not limited to reviews and ratings by third parties. We reserve the right to delete or to block publishing of any content deemed unsuitable to the system or is, in Our opinion defamatory, infringing or in violation of applicable law.

MrDuka.com will also delete any content at the request of the User who submitted the content or at the request of a Vendor or Merchant who is withdrawing from MrDuka.com, including, but not limited to reviews and ratings by third parties. We reserve the right to delete or to block publishing of any content deemed unsuitable to the system or is, in Our opinion defamatory, infringing or in violation of applicable law.

THIRD PARTY CONTENT

All general third party information on our website, including but not limited to Vendor or Merchant details and listings, product listings including prices, product description , product catalogues and specifications, lists of vendors and brands, news, blog articles, images, entertainment, advertisements of all types, including graphic banner adverts, videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website and known collectively as Third Party Content". The provision of Third Party Content is for general informational purposes only.

You acknowledge that Third Party Content included on our website is obtained from sources deemed to be trustworthy and reliable or provided by the Vendors, Merchants or Stores as part of the process of listing their products , advertising, exhibiting and offering to sell the Products on the Website. All such Third Party Content is strictly provided on an ''As Is'' basis. MrDuka.com may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchant accountability, non-infringement or fitness for a particular purpose of any Third Party Content. We shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so solely at your own risk , responsibility and liability. MrDuka.com does not make any warranty or representation regarding, and does not endorse, any website linked to our Website / Services or the information appearing thereon or any of the products or services described thereon. You also acknowledge and agree that your use of these third party websites and linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Media.

INDEMNITY

You as the User agree to fully indemnify and hold MrDuka.com, its parent, officers, subsidiaries, affiliates, successors, assigns, owners, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the TOU, breach by the user of any of the representations and warranties herein, or user's violation of any rights of another person or entity.

Further, you further agree to indemnify us hold us and any affiliate sites harmless from and with respect to any claims, damages, losses , actions, liabilities, expenses, and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any advertising products or services you request, including, without limitation, any claims, suits or proceedings for libel or defamation , violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.

JURISDICTION AND GOVERNING LAW

These Terms of Use shall be governed and construed in accordance with the laws of the Republic of India and the courts at Gurgaon, Haryana state shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site. Further, you agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

We also reserve the right to investigate reported violations of these Terms and to take any action we deem necessary and appropriate, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we retain the right to disclose any information as required or appropriate to such persons or entities relating to user data, information, e-mail addresses, contact information, usage activity, content posted, record of IP addresses and web traffic information.

GENERAL PROVISIONS

Notices and Communication:

All communication, including notices, demands , general correspondence and other such communication will be in writing and deemed to have been delivered to you if sent successfully via electronic mail (email) or by electronic notification on the Website. All Communication from you, including but not limited to Notices, Demands, Complaints must be in writing and will be deemed to have been delivered to us if successfully emailed to the Grievance Office at support@mrduka.com

Assignment or Transfer of Obligation:

You may not assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Our rights and/or obligations under the Agreement are freely assignable or otherwise transferable by MrDuka to any third party without the requirement of seeking Your prior consent. We may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. MrDuka .com retains the right to transfer Your Account along with your Account Information to any third party who purchases our business as conducted under the Website.

Entire Agreement & Severability:

If, for any reason, a court of applicable jurisdiction finds any provision of the Terms and Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible under Law,so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Agreement shall remain in full force and effect. We may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

Waiver:

Any delay or failure by a party to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Principal to Principal Relationship:

You and MrDuka are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, franchise, joint venture, agency (disclosed or undisclosed), association of persons, sales representative, or employment relationship between You and MrDuka.com. As an abundant caution, it is clarified that we as MrDuka shall not have any right to conclude any contract for sale or purchase of Products or Services for and / or on Your behalf and both You and MrDuka have entered into this agreement on a principal to principal basis.

Force Majeure:

MrDuka.com will not be held liable or be deemed to be in breach hereof for any failure or delay in performance due to riots, labour strikes, disruption of relevant transport networks , rationing, communication networks disruption, detrimental and inclement weather conditions, governmental action, fire, flood, insurrection, earthquake, power failure, network failure, embargo, terrorist act, labor or material shortage, work slowdown or any other such conditions not reasonably within our control. Your obligations shall continue during any event of force majeure.

Grievance Officer:

In compliance with the Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of MrDuka.com for the purpose of this Agreement shall be Mr. A. Dhawan, email address support@mrduka.com with cc to grievanceofficer@mrduka.com.

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