Terms of Service

Welcome to the Terms of Service (“Terms”) for the mobile application and services (collectively, the “Services”) provided by Mammaskin Private Limited, referred to as (“Company,” “MO,” “us,” “our,” or “we”). These Terms govern your use of our Services.

1. General

1.1 These Terms apply to all users who register to use the Services, whether you're a seller, buyer, merchant, or someone who contributes content and information. If you're agreeing to these terms on behalf of a business, "you," “your” and “you’re” refers to the business entity using the Services, unless specified otherwise.

1.2 These Terms shall establish the agreement between you and MAMMASKIN PRIVATE LIMITED, or any other service provider associated with a specific Service. In these Terms, we'll refer to MAMMASKIN PRIVATE LIMITED and its subsidiaries collectively as "MO" for simplicity.

1.3 By using the Services, such as browsing or visiting them, you agree to abide by these Terms, as well as any additional terms, conditions, and policies referenced here.

1.4 MO reserves the right to modify or alter these Terms at any time. If you continue to use the Services after the updated Terms are posted here, it will be considered as your acceptance of the revised Terms.

If you have any questions, please email ussupport@mo.lk.

2. Online Marketplace and Content

  • 2.1 MO Services provide an online marketplace that allows its registered users;
    • to sell items by creating listings and sharing various types of content including photos, videos, comments, data, text, links, and other information (“Content”)
    • to buy listed items
  • 2.2 While you retain the ownership of the Content that you upload or share on the Services, you grant MO a worldwide, fully paid, royalty-free, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to MO’s Privacy Policy) to operate, develop, providing, promoting, and improving the Services and to research and develop new products and services.
  • 2.3 You understand and agree that you as a user are solely responsible for the content posted through the Services and any loss or damage which you sustain as a result of such content is solely your responsibility.
  • 2.4 We therefore encourage users to interact with other users that;
    • Have verified email, mobile, and ID verifications
    • Use the In-App chat feature
  • 2.5 Consequently, MO has no control over, and you agree that MO is not responsible or liable for, any of the following:
    • The quality, safety, morality, or legality of any aspect of the items listed.
    • The true identity, age, gender, and nationality of the user.
    • Any Content posted by users including but not limited to the truthfulness of listings, the ability of the seller or buyer to perform their duties in their respective roles with regards to sale, purchase and delivery and or performance of Service.
  • 2.6 We encourage you to utilize the features and capabilities provided by the Services to engage with other users and gather information about items listed for sale. However, you acknowledge that it is important to exercise common sense and good judgment when interacting with other users. While MO strives to maintain a secure platform for all users, it is essential to understand that your use of the Services and interactions with other users is solely at your own risk.
  • 2.7 MO shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content that is available on the Services. Without limiting the foregoing, MO shall have the right to remove Content, without liability or the obligation to offer a refund, if the Content is in breach of these Terms.
  • 2.8 You acknowledge that you will report any users you find who are in breach of the Service outlined herein.

3. Use of the Services

  1. Subject to your compliance with these Terms of Service, MO grants you a non-exclusive, non-transferable, revocable license to access the Services solely for your personal use or internal business purpose.
  2. 3.1 When using the Services, it is crucial to abide by these Terms and agree to the following:
    1. You are responsible for what you post or upload. This includes uploading any Content that violates or infringes upon the rights of others, including rights of publicity, privacy, copyright, trademark, or any other intellectual property rights.
    2. You agree not to violate any applicable laws, rules, or regulations while accessing or using the Services.
    3. Not to remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of MO or its affiliates, partners, suppliers, or licensors.
    4. Not to send, post, or communicate through the Services any Content that is illegal, offensive, threatening, abusive, insulting, harassing, defamatory, deceptive, fraudulent, obscene, profane, invasive of privacy, or objectionable on racial, ethnic, sexual or other grounds.
    5. Not to send automated unauthorized messages, advertising, promotional material, junk mail, spam, or chain letters through the Services.
    6. Not to upload or transmit any data, file, software, or link through the Services that contains viruses, Trojan horses, worms, or other harmful components.
    7. Not to collect information about other users without their consent.
    8. Using the Services for purposes other than their intended design or intended use.
    9. You warrant that any such submissions are original to you or that you have the necessary rights and licenses to submit such submissions and that have full authority to grant us the above-mentioned rights about your submissions and warrant and represent that your submissions do not constitute confidential information.
    10. You are solely responsible for your submissions and you expressly agree to reimburse us for any losses that we may suffer because you breach this section, any third party’s intellectual property rights, or applicable law.
    11. You will not avoid paying applicable fees.
    12. You will not engage in any activity or act intended to abuse, manipulate, or inappropriately exploit any promotions, campaigns, or discount codes offered through the Services. Such activities may include creating fake or duplicate accounts, generating fake orders, or buying and reselling your inventory.
    13. You shall not lend, transfer, or sell your Account or user ID to another party and must not use another user's Account without their permission. If it is discovered that you are in breach or suspected to be engaged in activity that does not adhere to these Terms of Service and Community Guidelines, MO reserves the right to terminate or suspend your account without notice.

4. User Representations

4.1 You would need to register your account with MO, (“Account”) to use our service. When you create an Account, you represent and warrant that:

  1. You are at least 18 years of age.
  2. All information that you provide is accurate, up-to-date, and truthful and we have the right to suspend or terminate your account and refuse any current or future use of Service if there is any untrue, inaccurate, not current, or incomplete representation.
  3. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
  4. You will not use the Services for any illegal or unauthorized purpose.
  5. Your use of the Services will not violate any applicable law or regulation.
  6. If you are representing a company, organization, or any other legal entity (“Entity”), you have the authority to bind the Entity to these Terms.
  7. You are capable of entering into and performing legally binding contracts applicable by law.
  8. You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore, agree to and agree to keep your password secure and account information up to date at all times.

5. Selling and Buying

  1. 5.1 In using the Services to create a listing and offer an item for sale or service on offer, you agree to comply with the following:
    1. All items must comply with these Terms and MO's policies, which can be found inCommunity Guidelines and Listing Rules.
    2. You must provide a fair, accurate, and complete description of each item, including your price for the item.
    3. Each item must have its listing.
    4. Your listing for an item may only include text, descriptions, graphics, images, and other content relevant to the item. All Content contained in a listing must be true, complete, accurate, and not misleading in any manner whatsoever.
    5. Any links included in your listing leads should only lead to your personal or corporate website and must not include any links to third-party websites.
  2. 5.2 Without prejudice to the rest of these Terms and MO’s policies, you warrant, in respect of services and/or items which you offer for sale on the Services or Listings, that:
    1. You are the owner of the item, and the item is not stolen.
    2. The item does not infringe upon any third party's copyright, patent, trademark, trade secret, or other proprietary or intellectual property rights.
    3. The sale of the item complies with all laws and regulations which apply to that item.
    4. The item is not dangerous, hazardous, or subject to a recall by a government or manufacturer.
    5. The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights, or proprietary rights of a third party.
    6. All offers made and accepted through the Services are binding.
  3. 5.3 If you are a seller who has accepted a buyer’s offer for an item:
    1. You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity.
    2. You may not alter the item's price after a sale, or misrepresent the item's price.
  4. If you are a buyer whose offer for an item has been accepted by a seller, you agree to make a prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller’s identity.

6. MO Delivery

  1. 6.1 When a buyer places an order for the item, the buyer shall choose a delivery option specified by the seller which includes an in-person meet-up or MO Delivery. MO Delivery provides an in-APP delivery option outsourced to our reliable courier partner and you agree to the following:
    1. The seller is responsible for ensuring all the product information and weight of the product is correct as well as appropriately packaged for safety during transportation.
    2. Our delivery partner has the right to reject any breakable items that are not properly packed and sealed.
    3. Sellers are solely responsible for delivering sold items to buyers via the MO delivery option chosen by the buyer. You acknowledge and agree that MO has no control over any delivery of the items sold through the Platform, including but not limited to the delivery fees and method specified by sellers.
    4. Buyers can use MO delivery however they bear the risk of any lost deliveries in the event of an untracked delivery. In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows MO to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, MO is not responsible for any delays, delivery failures, damages, or losses resulting from the Shipping Services.
    5. That you agree with the MO Shipping Policy and Guidelines.

7. MO Protection Transaction Fees

  1. 7.1 You acknowledge and agree that you may be charged card delivery fees (collectively, the “Transaction Fees”) by MO, as follows:
    1. Buyer (Payment Fee): If you are a buyer of a transaction, once your order is accepted by the seller, a convenience fee of 4.5% is applicable to the order shall be charged from a credit or debit card. These fees will be stated at the time of payment.
  2. 7.2 MO reserves the right to amend any Transaction Fees should the package weight be more than the actual weight measured by the courier. We will notify you of the changes by posting a notice in App notifications or by email text or phone. Your continued use of our Services after such notice constitutes your acceptance of the updated rates and/or fees.

8. Payment Services Provider

To provide the Payment Services, you acknowledge that MO may integrate the services provided by certain service providers, subcontractors, partners, and/or agents (“Payment Service Providers”) into the Platform and that Payment Service Providers provide its payment processing services subject to their respective Additional Terms. To use the Payment Services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms.

Information required for Payment Services: To use the Payment Services, you must provide MO and/or its related corporations with accurate and complete information required for the Payment Services including account information for at least one valid debit or credit card through the Platform.

9. Disputed MO Transactions

  1. 9.1 If you and/or a user of our Services files a dispute through the Platform in connection with any Transactions made through MO (each, a “Disputed MO Transaction”) between you and the user, you agree to comply with the procedures set out in the Community Guidelines and FAQs.
  2. 9.2 If you and the user are unable to agree or resolve such dispute by the relevant procedures set out in the MO Resolution Procedures, you agree that such dispute shall be finally resolved by MO, which shall be binding and final, subject to any applicable laws and regulations. You agree to comply with MO’s decisions and instructions in connection with such a dispute. You further agree to release MO and/or its related corporations from any demands, claims, actions, proceedings, suits, liabilities, damages, costs, and expenses in connection with or arising out of any of your disputes with users of our Services in connection with the Disputed MO Transaction.
  3. 9.3 You acknowledge and agree that MO and/or its related corporations may, at its sole discretion:
    1. Freeze and hold the money paid in connection with the Disputed MO Transaction (“Disputed Money”) unless the dispute is resolved;
    2. Return or provide any portion of the Disputed Money to the buyer and/or seller;
    3. Require the buyer to return the item bought through the Disputed MO Transaction (“Disputed Item”) to the seller;
    4. Require the seller to refund the Disputed Money to MO (or its related corporations) or the buyer; and/or
    5. Require the seller to exchange the Disputed Item with a replacement for the buyer. You agree to comply with all MO’s instructions by this Clause.
  4. 9.4 In the event of a Disputed MO Transaction which involves an investigation by the police or other government or regulatory authority, subject to
    1. Any laws, rules, regulations, or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or
    2. Any claims made by any third party relating to the Disputed Money, MO may, at its sole discretion:
      1. Freeze and hold the relevant Disputed Money for a minimum of one year (unless the dispute is resolved); and
      2. Thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at MO's reasonable discretion.

10. Disputes with users

If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to MO, MO will attempt in good faith to facilitate the resolution of the dispute but is under no obligation to resolve the same. You release MO from any claims, demands, and damage arising out of your disputes with users of our Services.

11. Privacy

Your privacy is very important to us at MO and we have provided the MO Privacy Policy to explain our privacy practices. Please review the Privacy Policy to understand how MO collects, uses, and discloses information collected and received from you.

12. Intellectual Property

  1. 12.1 You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets, and other intellectual property rights associated therewith are, and shall remain, the property of MO. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure, and organization of the Services are the intellectual property and proprietary and confidential information of MO. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by MO.
  2. 12.2 The Services may utilize or include third-party software that is subject to open source and third-party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third-party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgments, license terms, and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open-source or third-party licenses, the terms of the open-source or third-party licenses shall prevail about your use of the relevant third-party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
  3. You are not authorized by MO to use MO’s trademarks in any advertising, publicity, or any other commercial manner without the prior written consent of MO, which may be withheld for any or no reason.

13. Reporting Unauthorized Content

  1. 13.1 MO respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorized use of your intellectual property rights by a user, please contact us.
  2. 13.2 MO reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
  3. 13.3 You are not authorized by MO to use MO’s trademarks in any advertising, publicity, or any other commercial manner without the prior written consent of MO, which may be withheld for any or no reason.

14. Suspension and Termination

  1. 14.1 You may deactivate your Account at any time through the “Settings” section of your Account.
  2. 14.2 MO reserves the right to, at its sole discretion, and without liability:
    1. Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions, and policies.
    2. Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
    3. Change, modify, suspend, or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
    4. Suspend or terminate your Account and/or your access to the Services at any time, in the event of any act, threats of, verbal and/or written abuse against any MO user, MO employees, representatives, and/or officer.
  3. 14.3 You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.
  4. 14.5 Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

15. No Warranty

15.1 You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products, or services accessed or obtained thereby is at your sole risk and discretion.

MO does not represent or warrant that:

  1. The use of the Services will be secure, timely, uninterrupted, or error-free or that they will be compatible or operate in combination with any other hardware, software, system, or data;
  2. The Services will meet your requirements or expectations;
  3. Errors or defects in the Services will be corrected; or
  4. The Services and MO’s servers are free of viruses or other harmful components.

15.2 All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

15.3 The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). MO is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

15.4 No advice or information, whether oral or written, obtained by you from MO or the Services shall create any representation, warranty, or guarantee. Furthermore, you acknowledge that MO has no obligation to support or maintain the Services.

15.5 MO disclaims any liability or responsibility about the content made available through the Services, including but not limited to the Content uploaded by users or third-party content and services. MO is not responsible or liable in any manner for the third-party content and services associated with or utilized in connection with the Services, including the failure of such third-party content and services.

15.6 In addition, the Services may promote, advertise, or sponsor functions, events, offers, competitions, or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your discretion and risk. MO does not accept any responsibility in connection with your participation in activities conducted by any other party.

16. Limitation of Liability

16.1 You acknowledge and agree that if you have any problems or dissatisfaction with the Services, your sole right is to request termination of your account and/or discontinue any use of the Services.

16.2 In no event shall MO or its subsidiaries, affiliates, partners, suppliers, or licensors be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access to or use of the Services, or your inability to access or use the Services, or any third-party content and services. This includes damages arising from your conduct or the conduct of other users in connection with the use of the Services, such as death, bodily injury, emotional distress, and other damages resulting from communications or meetings with other users or persons you meet through the Services. These limitations apply whether or not such damages were foreseeable and whether or not MO was advised of the possibility of such damages.

16.3 MO's aggregate liability to you, whether under contract, tort, statute, or otherwise, shall not exceed the amount of fees received by MO for the Services giving rise to such claims. These limitations apply even if the stated remedy fails its essential purpose.

16.4 Nothing in these Terms shall apply to or in any way limit or exclude MO’s liability for:

  1. Death or personal injury caused by its negligence;
  2. Dishonesty, deceit, or fraudulent misrepresentation; or
  3. Liability which may not otherwise be limited or excluded under any applicable laws and regulations.

17. Indemnity

17.1 You will indemnify and hold harmless MO, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors, and agents and all successors and/or assigns from and against any actions, claims, proceedings, damages, losses, costs, and expenses resulting from:

  1. Your use of the Services;
  2. Your Content;
  3. Any use of your Account;
  4. Your breach of these Terms;
  5. Your breach of any statutory requirement, duty or law; or
  6. Your violation of any rights of another person or entity.

18. Compatibility

18.1 MO does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment, or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that MO and its subsidiaries, affiliates, partners, suppliers, and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

19. List of Prohibited Items

19.1 Sellers are responsible for ensuring that the items they are selling complies with local laws and regulations.

19.2 Please find below a non-exhaustive guideline onprohibited and restricted itemsthat are not allowed on MO.

20. Subcontracting by MO

MO reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as MO deems appropriate.

21. Miscellaneous

You and MO are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.