Terms of Use

1. Introduction and Parties #

1.1 These Terms of Use (the "Terms") form a binding agreement between you and Mawrix ("Mawrix," "we," "us," or "our"), which operates the website located at manadesimarket.com, any installable web application made available through it, and all related pre-order, deals, account, messaging, classifieds ("ManaView"), business listing, notification, and community services that link to these Terms (collectively, the "Services"), under license from the operators of the Mana Desi Market stores.

1.2 The Mana Desi Market store located at 9807 W Oklahoma Ave, Milwaukee, WI 53227 is operated by Triveni Foods LLC, and the Mana Desi Market store located at 17800 W Bluemound Rd, Brookfield, WI is operated by Triveni Supermarket LLC (each, a "Store Operator"). Each Store Operator is a separate legal entity and is solely responsible for the sale, preparation, and fulfillment of goods at its location. Mawrix does not sell goods and is not a party to any sale between you and a Store Operator.

1.3 Our Privacy Policy, Pre-order Policy, ManaView Posting Rules (the "Posting Rules"), and any program terms or other policies we publish on the Services (collectively, the "Policies") are incorporated into these Terms by reference. If a Policy that applies to a particular feature conflicts with these Terms, that Policy controls for that feature.

2. Acceptance #

2.1 By accessing or using the Services, including by submitting a Pre-order, you agree to these Terms. If you create an Account, post User Content, or purchase a placement, you will be asked to confirm your agreement expressly, and that confirmation also binds you. If you do not agree, you must not use the Services.

2.2 Please read Section 20 carefully. It governs how disputes between you and us are resolved.

3. Eligibility #

3.1 You may browse the Services at any age, but the Services are not directed to children under 13. You must be at least 18 years old to create an Account, post User Content, send messages, submit a business flyer, or purchase a placement. By creating an Account, you confirm that you meet these requirements.

3.2 If you use the Services on behalf of a business, you represent that you are authorized to bind that business to these Terms, and "you" includes that business.

4. Definitions #

4.1 "Account" means a registered account for the Services, established by verifying an email address or by signing in through a third-party sign-in service you choose. A mobile telephone number may be added to an Account later.

4.2 "User Content" means any listing, job post, job application, photograph, description, price, message, report, review, flyer, or other material that a user submits, posts, or transmits through the Services.

4.3 "Business User" means a person using the Services on behalf of a business, including to submit a business flyer or purchase a placement.

4.4 "Pre-order" and "Deal" mean, respectively, a request to reserve goods for collection at a store, and a promotional price for goods sold in store, each as described on the Services.

5. Accounts #

5.1 You must provide accurate information, keep it current, and use only email addresses, phone numbers and sign-in accounts that you control. You may hold one personal Account; if you hold more than one, we may merge or close the extras. You may not share your Account or verification codes with anyone else.

5.2 You are responsible for all activity under your Account and for keeping your device and verification codes secure. Notify us promptly of any unauthorized use.

5.3 We may refuse, suspend, or close an Account as described in Section 21.

6. Electronic Communications #

6.1 You consent to receive communications from us electronically, including through the Services, by email, by push notification, and, where you have separately opted in, by text message, and agree that electronic communications satisfy any legal requirement that a communication be in writing.

6.2 Text messages are governed by Section 6 of the Privacy Policy. Message frequency varies and message and data rates may apply. Reply STOP to opt out and HELP for help. Consent to promotional text messages is not a condition of any purchase.

7. Pre-orders and In-Store Purchases #

7.1 A Pre-order is a request to reserve goods, not a completed purchase. The sale is made by the applicable Store Operator when you pay at collection, and is governed by that Store Operator's in-store policies and applicable law. Pre-orders are also subject to the Pre-order Policy, including its order windows, collection deadlines, and the consequences of uncollected orders.

7.2 A Store Operator may decline or cancel a Pre-order, in whole or in part, including where goods are unavailable. Items sold by weight are priced at collection based on actual weight.

7.3 We accept payment in store only. The Services do not process payment for Pre-orders.

8. Deals, Pricing, and Product Information #

8.1 Deals are valid only at the store and during the dates shown, while supplies last, and may be limited in quantity. A Deal may be ended early or changed where required by supply or error.

8.2 Price differences. If the price charged at the register is higher than the price shown on the Services for a current Deal at that store, the store will charge the lower price. You may also decline the purchase.

8.3 Product names, descriptions, and images are provided for convenience and may not reflect current packaging, ingredients, or sizes. Always read the product label before purchase or use, particularly for allergens, ingredients, and dietary suitability. Statements that meat is sourced from halal-certified suppliers describe our suppliers' certification; they are not a certification of any store, counter, or handling process.

8.4 Items you save to a list on the Services are stored on your device only and do not reserve or hold any goods.

9. User Content #

9.1 Ownership. You keep ownership of your User Content.

9.2 License to us. You grant Mawrix a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, store, reproduce, adapt (for example, to resize or format images and to remove metadata), display, distribute, and otherwise use your User Content to operate, secure, promote, and improve the Services. This license ends when your User Content is removed from the Services, except for copies retained as described in the Privacy Policy, copies shared with other users, and uses already made.

9.3 License to other users. You grant other users a non-exclusive license to view your User Content through the Services as the Services allow. Other users may not copy or reuse it outside the Services without your permission.

9.4 Your responsibility. You are solely responsible for your User Content. You represent that you own it or have the rights needed to post it, that it is accurate, and that it complies with these Terms and applicable law.

10. Rules for Using the Services #

10.1 You must not use the Services to:

(a) post anything unlawful, false, misleading, defamatory, harassing, hateful, threatening, sexually explicit, or that infringes anyone's rights;

(b) offer, sell, give away, or request any item or service prohibited by the Posting Rules, including home-cooked or homemade food, alcohol, tobacco and vaping products, medicines and supplements, weapons, live animals, recalled, counterfeit, stolen, or illegal goods, visa, immigration, or loan services, and multi-level marketing; or post business inventory in a personal listing;

(c) post a housing or job listing that states or implies a preference, limitation, or discrimination based on any characteristic protected by federal, Wisconsin, or local law, or that breaks the housing or job rules in the Posting Rules, or list property you do not own or are not authorized to rent;

(d) send spam, repeated unsolicited messages, or requests for payment in advance, gift cards, or verification codes;

(e) impersonate any person or business, or misrepresent your identity or location;

(f) collect other users' information, scrape, crawl, or use automated means to access the Services except as permitted by us; or

(g) interfere with, probe, or attempt to bypass the security or operation of the Services.

(h) frame or mirror the Services, use our names or logos (including in a business name, trademark, or domain name), or state or imply that we endorse, sponsor, or partner with you, without our written permission.

11. Transactions Between Users #

11.1 ManaView and business flyers let users and businesses find each other. Mawrix and the Store Operators are not parties to any transaction, arrangement, or communication between users or between users and Business Users, and do not sell, own, inspect, guarantee, or deliver any item or service listed by others.

11.2 Any payment, exchange, meeting, rental, or service arrangement is solely between the parties involved. You are responsible for evaluating other users, items, and services, and for your own safety. Meet in public places, inspect items before paying, and never pay in advance to someone you have not met.

11.3 RELEASE FOR DISPUTES BETWEEN USERS — PLEASE READ. This paragraph has one purpose only. If you have a dispute with another user or a Business User about an item, service, job, listing, message, payment, or meeting arranged through the Services, you agree not to hold Mawrix or the Store Operators responsible for that other person's acts, omissions, products, or services, and you release us from claims based solely on that other person's conduct. This release does not apply to, and you do not give up, any claim arising from our own negligence, gross negligence, willful misconduct, or violation of law, or any claim for death or personal injury.

11.4 Jobs and volunteering. Mawrix and the Store Operators are not the employer, recruiter, employment agency, or volunteer organization for any job or volunteer opportunity posted by another user, business, or organization, and do not screen, verify, or guarantee employers, organizations, applicants, pay, or working conditions. Employers and organizations are solely responsible for their posts, their selection decisions, and complying with employment, wage and hour, volunteer, tax, immigration, and anti-discrimination laws.

12. Moderation, Reports, and Appeals #

12.1 We may, but are not obligated to, review, screen, or monitor User Content, including by automated systems. We are not responsible for User Content posted by others and do not endorse it.

12.2 We may remove or refuse any User Content, limit its visibility, or restrict or suspend Accounts, at our discretion, including for violations of these Terms or the Policies.

12.3 You may report User Content or conduct through the Services. If we remove your User Content or restrict your Account, you may ask us to review the decision by contacting us under Section 24 within 30 days.

13. Business Users, Advertising, and Paid Placements #

13.1 Business responsibility. Business Users must provide accurate business information, hold all licenses their business requires, and are solely responsible for their flyers, offers, pricing, products, services, and customer relationships, including any deposits, refunds, warranties, and required disclosures.

13.2 Ad content. "Ad Content" means business flyers, sponsored placements, in-store screen content, and any other advertising you submit. You represent and warrant that you have all rights needed to use it; that it is truthful and not misleading; that it complies with applicable law, including consumer protection, pricing, food labeling, and telemarketing laws; that it includes any disclosures the law requires; and that it does not infringe anyone's rights. On request, you will provide proof of these rights and of any required business licenses within 7 days; we may pause the Ad Content until you do.

13.3 Review and removal. All Ad Content is reviewed before it runs. We may reject, pause, or remove any Ad Content at any time, for any reason, including under the Posting Rules and our advertising policies. We do not accept advertising for anything the Posting Rules prohibit, or political campaign or issue advertising.

13.4 No guarantees. We do not guarantee the reach, placement position, number of views, clicks, calls, or other results of any Ad Content, or that it will not appear next to User Content or other businesses' advertising, including competitors'.

13.5 Measurement and reports. Views, clicks, calls, and other figures we report are based solely on our own measurements, which control for any charges. Performance reports, including any sales-lift or market information we provide, are for general information about your campaign only; they are estimates, not guarantees, and are not business or investment advice. Reports are our confidential information: you may use them only internally to evaluate your advertising with us, and may not resell, publish, or combine them into any database or service.

13.6 Labeling. Paid placements are labeled as sponsored. You may not remove or obscure that label.

13.7 Payment and refunds. Prices for placements are shown before purchase and are payable in advance through our payment processor. You are responsible for all charges placed on your account. Placements are not refundable once they start running, except that if we remove a placement for a reason other than a violation of these Terms or the Policies, we will refund the unused portion. Billing disputes must be raised within 30 days of the charge.

13.8 License. You grant us a non-exclusive, royalty-free license to display, reproduce, format, and distribute your Ad Content on the Services and on in-store screens for the purchased placement, and to show examples of past Ad Content when promoting our advertising offerings.

13.9 Data. We share only aggregated performance figures with Business Users. We do not share customers' personal information with advertisers.

13.10 Business indemnity. In addition to Section 19, you will defend and indemnify Mawrix and the Store Operators against claims arising from your Ad Content, products, services, or dealings with customers.

14. Intellectual Property #

14.1 The Services, including their design, text, graphics, logos, software, and the Mana Desi Market, ManaDeals, and ManaView names, are owned by or licensed to Mawrix or the Store Operators and are protected by intellectual property laws. Except for your User Content, you may not copy, modify, distribute, or create derivative works from the Services without our written permission, and you may not use our names, logos, or confusingly similar versions of them in any trademark, business name, or domain name.

14.2 If you send us suggestions or feedback, we may use them without obligation to you.

15. Copyright Complaints (DMCA) #

15.1 We respect intellectual property rights and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. To submit a notice, send our designated agent: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material claimed to infringe and where it appears on the Services; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.

15.2 Designated agent. Registration of our designated agent with the U.S. Copyright Office is pending. Until it is complete, send copyright notices to the contact in Section 24 with the subject line "Copyright Notice." This section will be updated with the registered agent's details.

15.3 If your material was removed and you believe it was removed by mistake or misidentification, you may send a counter-notice as permitted by law.

15.4 We terminate, in appropriate circumstances, the Accounts of users who repeatedly infringe the rights of others.

16. Third-Party Services and Links #

The Services link to and rely on services we do not control, including form providers, map services, messaging community platforms, telephone carriers, payment processors, and Business Users' websites. Your use of them is governed by their own terms, and we are not responsible for them.

17. Disclaimers #

17.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAWRIX AND THE STORE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT USER CONTENT, ITEMS OR SERVICES OFFERED BY USERS OR BUSINESS USERS, OR THE CONDUCT OF ANY USER.

17.2 These disclaimers apply to the Services only. Goods purchased in a store are covered by the Store Operator's policies and any warranties that applicable law provides, and nothing in these Terms limits rights you have under applicable consumer protection law that cannot be waived.

18. Limitation of Liability #

18.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAWRIX AND THE STORE OPERATORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES, USER CONTENT, OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY.

18.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND (B) ONE HUNDRED U.S. DOLLARS ($100).

18.3 What these limits do not cover. Sections 18.1 and 18.2 do not limit liability for fraud, gross negligence, willful misconduct, or death or personal injury, and do not apply to goods purchased in a store, which are governed by the Store Operator's policies and applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limits may not apply to you.

19. Indemnification #

You agree to defend, indemnify, and hold harmless Mawrix, the Store Operators, and their respective owners, members, employees, and agents from claims, losses, and expenses (including reasonable attorneys' fees) arising from your User Content, your transactions with other users, your violation of these Terms or applicable law, or, if you are a Business User, your business, offers, and dealings with customers. We may assume the exclusive defense of any claim subject to indemnification, and you will cooperate with us.

20. Disputes and Governing Law #

20.1 Governing law. These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law rules, except where federal law applies.

20.2 Informal resolution first. Before starting any formal proceeding, you and we agree to try to resolve the dispute informally for at least 30 days, starting when one party sends the other a written notice describing the dispute and the relief sought, to the contact details in Section 24.

20.3 Small claims. Either party may bring an individual claim in small claims court in Milwaukee County, Wisconsin, or the county where you live, if the claim qualifies.

20.4 Courts. Any dispute not resolved under Sections 20.2 or 20.3 will be resolved exclusively in the state or federal courts located in Milwaukee County, Wisconsin, and you and we consent to their jurisdiction. To the extent permitted by law, each party waives the right to a jury trial.

21. Suspension and Termination #

21.1 You may stop using the Services and delete your Account at any time.

21.2 We may suspend or terminate your access, remove User Content, or close your Account at any time, with or without notice, if we reasonably believe you have violated these Terms or the Policies, created risk or legal exposure for us, other users, or the Store Operators, or if required by law.

21.3 Sections 9.2 (to the extent of retained copies), 11, and 14 through 24 survive termination.

22. Changes to the Services and to These Terms #

22.1 We may add, change, or discontinue any part of the Services at any time.

22.2 We may update these Terms. We will post the updated Terms with a new Effective Date and, for material changes, give notice through the Services or by email before they take effect. Continued use after the Effective Date means you accept the updated Terms. Changes do not apply to a dispute that arose before the change.

23. General #

23.1 These Terms and the Policies are the entire agreement between you and us about the Services.

23.2 We may assign or transfer these Terms, including to an affiliated or successor entity that operates the Services. You may not assign them without our written consent.

23.3 If any provision is held unenforceable, it will be limited to the minimum extent necessary and the rest of these Terms will remain in effect. Our failure to enforce a provision is not a waiver.

23.4 We are not liable for delays or failures caused by events beyond our reasonable control.

23.5 Headings are for convenience only.

24. Contact #

Mawrix

Email: prudhviraj.p@hotmail.com

Notices under Section 20.2 must be sent to this email address with the subject line "Legal Notice."