Terms of Service

Terms of Service

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

1. General

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.

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.

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.

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 us at [email protected]

2. Online Marketplace and Content

2.1 MO Services provide an online marketplace which allows its registered users; (i) to sell items by creating listings and sharing various types of content including photos, videos, comments, data, text, links and other information (“Content”); ii) to buy listed items and iii) advertise services.

While you retain the ownership of the Content which 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) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.

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 result of such Content is solely your responsibility.

We therefore encourage users to interact with other users that;

  1. have verified email, mobile and ID verifications
  2. use the In-App chat feature

Consequently, MO has no control over, and you agree that MO is not responsible or liable for, any of the following:

  1. The quality, safety, morality or legality of any aspect of the items listed.
  2. The true identity, age, gender, nationality of user
  3. 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.

2.2 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 are solely at your own risk.

2.3 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.

2.4 You acknowledge that you will report any users you find who are in breach of the Service outlined herein.

3. Use of the Services

3.1 Subject to your compliance with these Terms of Service, MO grants you non-exclusive, non-transferable, revocable license to access the Services solely for your personal use or internal business purpose.

3.2 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 in relation to 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 of your breach of this section, any third party’s intellectual property rights or applicable law.
  11. You will not avoid paying applicable fees and charges.
  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 own 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 engage in activity which 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

You would need to register your account with MO, (“Account”) in order 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 which you provide is accurate, up to date and truthful and we have the right to suspend or terminate your account and refuse any and all 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 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. Property Listings

You acknowledge and agree that:

  1. Any properties listed is either owned by you or you have obtained the necessary approvals from owner of the property to list a property for sale or rent.
  2. MO reserves the right to amend, suspend and/or terminate all or any part of any MO Property Listing or Account should you be found to be advertising any property that does not belong to you or where permission has not been obtained by the legal owner. Refunds will not be given for any

6. Fees and Payments

6.1 Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged listing fees, (collectively, the “MO Fees”).

6.2 You may pay your MO Fees using a credit card or debit card.

6.3 You acknowledge and agree that:

  1. MO has the right to amend listing fees and rules without prior noticed and at its own discretion.
  2. Any fees or charges you pay for your Account and access to our Services, including subscription fees and listing fees, are non-refundable. It is important to note that there will be no refunds of any fees if: (i) your Account is suspended or terminated due to a violation of the Terms of Service; and/or (ii) any content has been removed in accordance with the Terms.
  3. If your Account is suspended or terminated for any reason, any outstanding amounts owed on your Account will become immediately due and payable. The settlement of your outstanding fees is required before you are able to reactivate your account.
  4. It is your responsibility to handle the collection and payment of any and all applicable government taxes related to the sales of goods and services.
  5. To ensure the smooth running of your subscription or recurring payments, it is essential that you make timely payments that are cleared by your bank prior to each monthly or annual payment deadline. If you choose to pay by credit card, please ensure that your credit card account remains valid and in good standing for successful debiting of the monthly or annual charges. Failure to receive payment within ten (10) days from the due date may result in automatic suspension or termination of your MO Subscription.
  6. If your credit card has expired or if you intend to use a different credit card for your subscription fee, kindly notify us on time by sending an email to [email protected]. To ensure a smooth transition, please make sure to inform us at least 10 days before your next payment is due. In the subject header of your email, please include "Expired/Change of Card Details" to help us process your request quickly.
  7. MO cannot guarantee or assure that any fees paid or payable to MO will result in likes, offers, chats or eventual sale and there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.

7. Selling and Buying

7.1 In using the Services to create a listing and offer an item for sale or a 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 at Community 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 and Services must have its own 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.

7.2 Without prejudice to the rest of these Terms and MO’s policies, you warrant, in respect of services and/or item 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. All selection criteria stated in a job listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion, except where it is a Specific Attribute.
  6. 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.
  7. All offers made and accepted through the Services are binding.

7.3 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 charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
  3. You may not alter the item's price after a sale, or misrepresent the item's location and price.

7.4 If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller’s identity.

8.0 MO Delivery

8.1 When a buyer places an order for the item, the buyer shall choose a delivery option specified by the seller which includes 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 package 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 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.

9. MO Protection Transaction Fees

9.1 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, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged from a credit or debit card. These fees will be stated at the time of payment.
  2. Seller (Success Fee): If you are a seller of a transaction, once you accept the order and commence delivery, the Delivery Fee applicable to such order (as stipulated during your order detail form) shall be deducted from the payment that is due to you from the buyer of the same transaction.

9.2 MO reserves the right to amend any Transaction Fees should the package weight be more than the actually weight measured by the courier. We will notify you of the changes by posting a notice by in App notifications or email or text or phone. Your continued use of our Services after such notice constitutes your acceptance of the updated rates and/or fees.

10. Payment Services Provider

In order 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. In order 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: In order 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.

11. Disputed MO Transactions

11.1 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 FAQ’s.

11.2 If you and the user are unable to agree or resolve such dispute in accordance with 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 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.

11.3 You acknowledge and agree that MO and/or its related corporations may, at its sole discretion: (i) freeze and hold the money paid in connection with the Disputed MO Transaction (“Disputed Money”) unless the dispute is resolved; (ii) return or provide any portion of the Disputed Money to the buyer and/or seller; (iii) require the buyer to return the item bought through the Disputed MO Transaction (“Disputed Item”) to the seller; (iv) require the seller to refund the Disputed Money to MO (or its related corporations) or the buyer; and/or (v) require the seller to exchange the Disputed Item with a replacement for the buyer. You agree to comply with all MO’s instructions in accordance with this Clause.

11.4 In the event of a Disputed MO Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) 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 (ii) any claims made by any third party relating to the Disputed Money, MO may, at its sole discretion: (a) freeze and hold the relevant Disputed Money for a minimum of one year (unless the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at MO's reasonable discretion.

12. 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 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.

13. 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.

14. Intellectual Property

14.1 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.

14.2 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 acknowledgements, 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 with regard to 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.

14.3 You are not authorized by MO to use MO’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of MO, which may be withheld for any or no reason.

15. Reporting Unauthorized Content

15.1 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.

15.2 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.

16. Suspension and Termination

16.1 You may deactivate your Account at any time through the “Settings” section of your Account.

16.2 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.

16.2 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.

16.3 Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

19. No Warranty

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.

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.

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.

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

MO disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the 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.

In addition, the Services may promote, advertise or sponsor functions, events, offers, competition 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.

20. Limitation of Liability



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.

21. Indemnity

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 and all 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.

22. Compatibility

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 completely, 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.

23. List of Prohibited Items

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

Please find below a non-exhaustive guideline on prohibited and restricted items that are not allowed on MO:

a) Drugs & Tobacco

b) Adult & Mature Content

  • Pornography and adult material including, but not limited to, pornographic books, magazines, pictures, and videos

c) Animals & Animal Products

  • Human beings, human remains, body parts and bodily fluids
  • Live animals and insects
  • Any items that are or are made from or include any part of an animal that is subject to regulations or laws for the protection of live animals, including endangered/exotic species and domesticated animals, including but not limited to, pangolin scales, ivory, rhinoceros horn, tiger bone, bear bile, bear paw
  • Leather products
  • Live insects used as bait or feed
  • Taxidermy
  • Wigs or hair extensions

d) Weapons, Ammunition & Related Accessories

In general, products intended for physical harm or could cause grievous harm are not allowed.

  • Display or collectibles stated to be no longer functioning or harmful
  • Domestic, culinary and kitchen knives
  • Utility knives
  • Swiss Army knives without spring
  • Pen knives
  • Fencing swords
  • Toy guns
  • Any item that infringes or violates any applicable laws and regulations. For the avoidance of doubt, you shall obtain all authority, licences, permits and/or consents required and necessary

e) Items that are illegal, unlicensed and/or unauthorized or may encourage illegal activities

  • Stolen or illegal goods (in part or in whole)
  • Items or listings that promote, support or seek to engage users in illegal activities

f) Medical & Healthcare Items

  • Over the counter medicine
  • Prescription drugs
  • Any products found to contain banned substances and/or are identified to cause adverse side effects.
  • Any drugs, poisons, antibiotics, pharmaceutical products that violates any applicable law and/or regulation.

g) Offensive Materials

  • Content that incite feelings of ill-will and hostility between different races and/or classes of the population
  • Content that seeks to shame others and/or reveal personal information of others

h) Consumables of the following

  • Food containing prohibited substances/substances in excess of
  • permitted proportions
  • Food unfit for human consumption (e.g. expired food)
  • Opened or partially consumed food
  • Sellers who list perishable food items should ensure that the goods are:
  • Properly and safely packaged for
  • Handled in accordance with local food hygiene practices & guidelines
  • Alcohol and alcoholic beverages
  • Intoxicating liquor must not be sold or supplied to a minor

i) Fireworks, explosives, or any hazardous material or restricted chemical

24. Sub-contracting 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.

25. Miscellaneous

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

25.2 If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

25.3 Except as provided herein, any failure by MO to exercise a right or require performance of an obligation in these Terms shall not affect MO’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

25.4 You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

25.5 These Terms constitute the entire agreement between you and MO and supersedes all prior or contemporaneous understandings and/or agreements between you and MO.

26. Governing Law and Jurisdiction

You hereby agree that the laws of Sri Lanka shall govern these Terms and that the courts of Sri Lanka shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

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