Welcome to Moodz. This document is an electronic record and is published in accordance with applicable law governing the rules, regulations, privacy policy and Terms of Use for access to or usage of the Moodz mood-and-aesthetic commerce platform — [www.moodzshoppers.com] and the Moodz mobile application (hereinafter collectively referred to as the “Platform”).

The Platform is owned and operated by [Creating Motions], having its registered office at [house no 166 in front  of kunwar das sewa ashram azamgarh road , pucchittyan , jaunpur , ] (hereinafter referred to as “Moodz”).

Your use of the Platform and the services and tools offered on it are governed by the following terms and conditions (“Terms of Use”), including the applicable policies which are incorporated herein by way of reference. By merely accessing or using the Platform, You are contracting with [Moodz Entity Name], the owner of the Platform, and these terms and conditions including the policies constitute Your binding obligations with Moodz.

For the purpose of these Terms of Use, wherever the context so requires, “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing data while registering on the Platform as a Registered User. The terms “Moodz”, “We”, “Us” and “Our” shall mean [Moodz Entity Name] and its affiliates.

Moodz is a curated commerce platform built for the younger generation, where products across fashion, lifestyle, beauty and décor are organised by mood and aesthetic. Our unique offering is that You can shop according to Your mood and aesthetic — instead of searching across scattered listings, You get a dedicated space that surfaces everything matching the mood or aesthetic You select. When You use any service provided by Us through the Platform (for example, Product Reviews, Seller Reviews or mood-based collections), You will be subject to the rules, guidelines and policies applicable to such service, which shall be deemed incorporated into these 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 prior written notice to You. You shall review these Terms of Use periodically for updates. Your continued use of the Platform following the posting of changes means that You accept and agree to the revisions.

1. User Account, Password, and Security

If You use the Platform, You shall be responsible for maintaining the confidentiality of Your display name and password, and You shall be responsible for all activities that occur under Your display name and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend, terminate or block Your access to the Platform.

If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change Your password or We may suspend Your account without any liability to Moodz, for such period of time as We deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

Your mobile phone number is treated as Your primary identifier on the Platform. It is Your responsibility to ensure that Your mobile phone number and email address are up to date at all times. You agree to notify Us promptly of any change through OTP verification, and You agree that Moodz shall not be liable for any activity or consequence arising from Your failure to keep these details current. You agree to immediately notify Moodz of any unauthorised use or breach of Your password or account.

If You share or allow others to access Your account, including by creating separate profiles or mood spaces under Your account, they will be able to view and access Your account information, and You shall be solely liable and responsible for all activities undertaken under Your account and any consequences arising therefrom.

If You have not accessed the Platform for a period of 2 (two) years, Your data (including transactional data) may be deleted from Our records and You will not be able to access such data.

2. Services Offered

Moodz provides a number of internet-based services through the Platform. One such service enables Users to discover and purchase original merchandise — such as clothing, footwear, accessories, beauty and lifestyle products from various brands and sellers — curated and organised by mood and aesthetic (collectively, “Products”). The Products can be purchased through the various methods of payment offered on the Platform. The sale and purchase of Products shall be additionally governed by specific policies such as the cancellation policy, exchange policy and return policy, which are found on the FAQ/Help section of the Platform and are incorporated here by reference.

At the time of creating a return request, Users are required to confirm (via a checkbox) that the Product being returned is unused and has its original tags intact. If the Product returned is used, damaged, or missing its original tags, the return request shall be declined and the Product shall be re-shipped to the User. In such event the User shall not be eligible for a refund, and Moodz assumes no liability in this regard, including where the User fails to accept receipt of the re-shipped Product.

Moodz does not warrant that any Product description, mood tag, aesthetic classification or other content on the Platform is accurate, complete, reliable, current or error-free, and assumes no liability in this regard.

3. Platform for Transaction and Communication

The Platform is a venue that Users utilise to meet and interact with one another for their transactions. Moodz is not, and cannot be, a party to or in control of any manner of transaction between Users. Accordingly:

• All commercial and contractual terms are offered by and agreed between Buyers and Sellers alone, including without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties and after-sales services. Moodz does not control, determine, advise on, or in any way involve itself in the offering or acceptance of such terms.

• Moodz does not make any representation or warranty as to the specifics (such as quality, value or saleability) of the Products proposed to be sold or purchased on the Platform.

• Moodz is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers, and does not guarantee that Buyers and/or Sellers will complete any transaction concluded on the Platform.

• At no time shall Moodz hold any right, title or interest over the Products, nor shall Moodz have any obligation or liability in respect of any contract entered into between Buyers and Sellers. The contract for sale of any Product is strictly a bipartite contract between the Seller and the Buyer.

Pricing on any Product reflected on the Platform may, due to a technical issue, typographical error, or product information published by a Seller, be incorrectly reflected, and in such an event the Seller may cancel Your order. You release and indemnify Moodz and its officers and representatives from any cost, damage, liability or other consequence arising out of the actions of Users of the Platform, and specifically waive any claims You may have in this regard under any applicable law.

4. User Conduct and Rules on the Platform

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

• belongs to another person and to which You do not have any right;

• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, or otherwise unlawful in any manner whatsoever;

• is misleading in any way, or involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;

• infringes upon or violates any third party’s rights, including intellectual property rights, rights of privacy or rights of publicity, or involves the sale of counterfeit or stolen products;

• provides instructional information about illegal activities, or contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of the Platform;

• threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence;

• is false, inaccurate or misleading, or creates liability for Us or causes Us to lose (in whole or in part) the services of Our internet service providers or other suppliers.

A User may be considered fraudulent, or as causing loss to business through fraudulent activity, if (without limitation): the User does not reply to a payment verification communication; fails to produce adequate documents during verification; misuses another User’s phone or email; uses an invalid address, email or phone number; overuses a voucher code or uses a voucher not tagged to the email ID used; returns the wrong Product; refuses to pay for an order; is involved in the snatch-and-run of an order; has excessive returns; or repeatedly requests monetary compensation for a fake or used order.

Moodz may cancel any order classified as a “Bulk Order” or “Fraud Order” at any stage of delivery. An order may be so classified where, for example: Products are ordered for commercial resale rather than self-consumption; multiple orders are placed for the same Product at the same address; a bulk quantity of the same Product is ordered; an invalid address is given; any malpractice is used to place the order; or the order is placed using a technological glitch or loophole. Any promotional voucher used to place such an order may not be refunded.

You shall not use the Platform for any unlawful or fraudulent purpose, shall not use any false email address or impersonate any person or entity, and shall not use any deep-link, page-scrape, robot, spider or other automatic device to access, copy or monitor any portion of the Platform or its content. You shall not attempt to gain unauthorised access to any portion or feature of the Platform by hacking, password mining or any other illegitimate means. You shall at all times comply with all applicable laws and regulations regarding Your use of the Platform.

5. Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”) may include third-party user-generated content over which Moodz has no control, Moodz being merely an intermediary for the purposes of these Terms of Use. Content You post may become Our property, and You grant Us a worldwide, perpetual and transferable right to use such Content or any of its elements for any purpose, including promotional and advertising purposes, consistent with Our Privacy Policy. You may use information made available on the Platform for personal, non-commercial purposes only, provided that You:

• do not remove any proprietary notice language in any copies of such documents;

• use such information only for Your personal, non-commercial purpose and do not copy or post it on any networked computer or broadcast it in any media;

• make no modifications to any such information; and

• make no additional representations or warranties relating to such documents.

In the event of the return or cancellation of any Products in an order placed with an offer, thereby falling below the minimum threshold required by that offer, the User shall be deemed ineligible for the offer, and any cashback already credited shall be void and deducted from the value of the item being returned or cancelled. Moodz reserves the right to modify these terms at any time without prior notice.

6. Disclaimer of Warranties and Liability

All materials, Products and services included on or otherwise made available to You through the Platform are provided on an “as is” and “as available” basis without any representation or warranty, express or implied, except as otherwise specified in writing. Without prejudice to the foregoing, Moodz does not warrant that the Platform will be constantly available, or available at all, or that the information on the Platform is complete, true, accurate or non-misleading.

You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with Us, You consent to be contacted by Us via phone calls and/or SMS notifications in connection with any order, shipment or delivery-related updates. We will not use Your personal information to initiate promotional phone calls or SMS without Your consent.

7. Selling

As a registered Seller, You are allowed to list items for sale on the Platform in accordance with the policies incorporated by reference into these Terms of Use. You must be legally able to sell the items You list, and You must ensure that the listed items do not infringe the intellectual property or other proprietary rights of any third party. Listings may only include text descriptions, graphics, mood tags and pictures that accurately describe Your item, and all items must be listed in an appropriate category and mood or aesthetic classification on the Platform. All listed items must be kept in stock for successful fulfilment. The listing description must not be misleading and must describe the actual condition of the Product; if the description does not match the actual condition, You agree to refund any amounts received from the Buyer. Moodz reserves the right to delete duplicate listings of the same Product across multiple categories.

8. Payment

While availing any payment method available on the Platform, We will not be responsible or assume any liability in respect of any loss or damage arising directly or indirectly to You due to: lack of authorisation for any transaction; exceeding any preset limit agreed between You and Your bank; any payment issue arising out of the transaction; or decline of a transaction for any other reason. All payments made against purchases on the Platform shall be in Indian Rupees acceptable in the Republic of India.

Transactions, transaction price, and all commercial terms such as delivery and dispatch are governed by the principal-to-principal bipartite contract between Buyer and Seller, and the payment facility is merely used to facilitate completion of the transaction. Use of the payment facility shall not render Moodz liable for non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, or fraud in respect of the Products. You understand and agree that the payment facility provided by Moodz is neither a banking nor a financial service, but is merely a facilitator providing an automated online electronic payment, collection and remittance facility using existing authorised banking infrastructure and payment gateway networks.

You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the Products, and You shall pay the transaction price through Your issuing bank to the Seller using the payment facility. Refunds, where applicable, shall be made in Indian Rupees only and shall be equivalent to the transaction price received. Moodz reserves the right to impose limits on the number of transactions or the transaction value it may process, and to refuse to process transactions by Buyers with a prior history of questionable charges or breach of any policy.

As required by applicable law, if the User makes a purchase of an amount equal to or above the threshold prescribed by law, the User may be required to upload a scanned copy of a valid identity or tax document on the Platform within the stipulated time, failing which the purchase may be cancelled. The order shall stand cancelled if there is a discrepancy between the name of the User and the name on the submitted document.

9. Indemnity

You shall indemnify and hold harmless Moodz, its owner, licensees, affiliates, subsidiaries and group companies (as applicable), and their respective officers, directors, agents and employees, from any claim, demand or action, including reasonable attorneys’ fees, made by any third party or penalty imposed, arising out of Your breach of these Terms of Use, the Privacy Policy or other policies, or Your violation of any law, rules or regulations, or the rights (including infringement of intellectual property rights) of a third party.

10. Trademark, Copyright and Restriction

The Platform is controlled and operated by Moodz, and Products are sold by respective Sellers. All material on the Platform, including images, illustrations, audio clips and video clips, is protected by copyrights, trademarks and other intellectual property rights. Material on Moodz is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, whether directly or indirectly, and must not assist any other person to do so, without Our prior written consent. Any use for which You receive remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. You retain ownership of, and shall be solely responsible for, any content You provide or upload; however, We reserve the right to use or reproduce such content, and You grant Us a royalty-free, irrevocable, perpetual and worldwide right to use it for reasonable business purposes.

11. Limitation of Liability

In no event shall Moodz be liable for any indirect, punitive, incidental, special or consequential damages, or any other damages resulting from: the use or inability to use the services or Products; unauthorised access to or alteration of the User’s transmissions or data; breach of condition, representations or warranties by the manufacturer of the Products; or any other matter relating to the services, including damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Platform. Moodz shall not be held responsible for non-availability of the Platform during periodic maintenance or any unplanned suspension of access. To the maximum extent permissible under law, Moodz’s liability shall be limited to an amount equal to the value of the Products purchased by You. Moodz shall not be liable for any dispute or disagreement between Users.

12. Termination

Moodz may suspend or terminate Your use of the Platform or any service if it believes, in its sole and absolute discretion, that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use, or otherwise acted unethically. These Terms of Use will survive indefinitely unless and until Moodz chooses to terminate them.

If You or Moodz terminates Your use of the Platform or any service, Moodz may delete any content or other materials relating to Your use, and will have no liability to You or any third party for doing so. However, Your transaction details may be preserved by Moodz for purposes of tax or regulatory compliance. Any Moodz credits earned as goodwill compensation, or via a loyalty or referral programme, promotional campaign, or gift card, may be forfeited in such cases, and returns or refunds for such Users shall be at the sole discretion of Moodz.

13. Jurisdictional Issues / Sale in India Only

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Moodz makes no representation that the materials on the Platform are appropriate or available for use in locations or countries other than India. Those who choose to access the Platform from other locations do so on their own initiative, and Moodz is not responsible for the supply of Products or refunds for Products ordered from other locations, or for compliance with local laws to the extent applicable.

14. Governing Law

These terms shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts, tribunals and applicable authorities at JAUNPUR, India. The place of jurisdiction shall be exclusively JAUNPUR.

15. Contacting the Seller

At Moodz, We are committed to ensuring that disputes between Sellers and Buyers are settled amicably through the dispute resolution mechanisms and procedures described above. In the event that You wish to contact Moodz about a Seller, You may do so by clicking on the Seller name on the product listing page. Alternatively, You may reach out to customer support through the Help Centre at www.moodzshoppers.com/contact].

16. Disclaimer

You acknowledge and undertake that You are accessing the services on the Platform and transacting at Your own risk, and are using Your best and prudent judgment before entering into any transaction through Moodz. We shall neither be liable nor responsible for any action or inaction of Sellers, nor for any breach of conditions, representations or warranties by Sellers or manufacturers of the Products, and We expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute between You and the Sellers or manufacturers. We further expressly disclaim any warranty or representation (express or implied) in respect of the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Products listed or the content on the Platform.

Delivery Related: You agree and acknowledge that any claim regarding order delivery (including non-receipt, non-delivery or signature verification) shall be notified to Moodz within 5 (five) days from the alleged date of fdelivery reflecting on the Platform. Non-notification within this period shall be construed as deemed delivery in respect of that transaction, and Moodz disclaims any liability for such claims made after 5 (five) days from the alleged date of delivery.

17. Customisation

Moodz acts solely as a facilitator in connecting Buyers with Sellers. Our role is to provide a platform for these transactions, and We do not have any control over or responsibility for the quality of the products or services offered by Sellers. By using Our facilitation services, You acknowledge and agree that:f

1. Any issue or dispute arising from the purchase or use of a Seller’s products or services must be resolved directly with the Seller.

2. Moodz does not endorse, guarantee, or assume any responsibility for the actions or omissions of any Seller.

3. Moodz makes no representation or warranty regarding the goods or services provided by Sellers, including their quality, fitness for a particular purpose, or compliance with any law or regulation.

4. You consent to share Your name and contact details with the Seller or brand to facilitate this service. You may be required to share additional personal data directly with the Seller; Moodz shall not be responsible for any use or handling of such additional personal data, and You acknowledge that such sharing is necessary for the fulfilment of the service.

18. Cart Notification

You understand that, in the event a selected Product in Your cart is out of inventory, Moodz may provide You an option in Your cart to select the same or a similar Product from another Seller. You understand that the price of the Product offered by another Seller may differ.

19. Multiple Sellers

You understand that Products of a particular style, mood or aesthetic may be sold on the Platform by multiple Sellers, and the Product price on the listing page may not always reflect the lowest price for that particular style. This is because the Seller whose price is displayed on the listing page is selected based on a number of parameters, of which price is only one. Once You land on the product display page for a specific style, You will have access to the prices offered by all Sellers on the Platform for that style.

20. Charges

Subject to these Terms of Use and the below terms, Moodz may levy a charge on certain orders on the Platform, as detailed in the FAQ/Help section:

1. The fee shall be specified on the shopping bag / cart page on the Platform.

2. The fee shall be charged on the overall order value.

3. Moodz reserves the right to modify or waive the fee from time to time.

4. The fee shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws for making payments to [Moodz Entity Name].

5. To protect the rights of customers, Moodz reserves the right to collect this fee for all orders and to disable the cash-on-delivery option for accounts which have a high percentage of returns or shipments not accepted.

You may be charged a fee dedicated to keeping the Platform running smoothly and continuously for improving Your experience (“Platform Fee”). You may also be liable to pay delivery or logistics charges for the transportation of Products from the Seller’s location to Your location, facilitated by Moodz through a third-party transport service provider. Such charges may vary from order to order based on factors including order value, distance and time of day, and will be communicated to You at the time of placing the order. You acknowledge that all purchases of Products are direct transactions between You and the Seller, and that ownership of the Products transfers to You when they are handed over to the transport service provider by the Seller.