Terms of Use


This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.allmart.world] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

The Platform is owned by Allmart Ecommerce LLP a company incorporated under the Limited Liability Partnership Act, 2008 with its registered office at- MHB Colony no. 1, Flat no. 2, Near Dhanukarwadi, Mahavir Nagar, Kandivali (West), Mumbai 400067. Maharashtra. India. (hereinafter referred to as "Allmart").

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Allmart Ecommerce LLP and these terms and conditions including the policies constitute Your binding obligations, with Allmart.

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 Registration Data while registering on the Platform as Registered User using the computer systems. Allmart allows the User to surf the Platform or make purchases without registering on the Platform. The term "We", "Us", "Our" shall mean Allmart Ecommerce LLP.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Allmart Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Allmart reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Allmart's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Your Account and Registration Obligations

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 We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one time password verification.

You agree that Allmart shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

Communications

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other modes of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Allmart is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

Henceforward:

At no time shall Allmart hold any right, title or interest over the products nor shall Allmart have any obligations or liabilities in respect of such contract.

Allmart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Select products offered by sellers may be eligible for business purchases on the Platform.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.


Charges

Membership on the Platform is free for buyers. Allmart does not charge any fee for browsing and buying on the Platform. Allmart reserves the right to change its Fee Policy from time to time. In particular, Allmart may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Allmart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Allmart Ecommerce LLP.


Use of the Platform

You agree, undertake and confirm that Your use of 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:

    • (a) belongs to another person and to which You does not have any right to;

    (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

    (c) is misleading in any way;

    (d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

    (e) harasses or advocates harassment of another person;

    (f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

    (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

    (h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

    (i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

    (j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

    (k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

    (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

    (m) contains video, photographs, or images of another person (with a minor or an adult).

    (n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

    (o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, Allmart's prior written consent means a communication coming from Allmart's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

    (p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

    (q) interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;

    (r) refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

    (s) harm minors in any way;

    (t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

    (u) violates any law for the time being in force;

    (v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    (w) impersonate another person;

    (x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

    (y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

    (z) shall not be false, inaccurate or misleading;

    (aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

    (ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

    We reserve the right, but have no obligation, to monitor the materials posted on the Platform. Allmart shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Allmart views. In no event shall Allmart assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

    Contents Posted on Platform

    All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Allmart has no control over such third party user generated content as Allmart is merely an intermediary for the purposes of this Terms of Use.

    Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Allmart's express prior written consent

    You may use information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

    You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

    SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

    Privacy

    We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.Our current Privacy Policy is available at Privacy. Our current Privacy Policy is available at Privacy. f You object to Your Information being transferred or used in this way please do not use Platform. If You object to Your Information being transferred or used in this way please do not use Platform.

    We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

    We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

    We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

    We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or reorganization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

    Disclaimer of Warranties and Liability

    This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Allmart does not warrant that:

    This Platform will be constantly available, or available at all; or

    The information on this Platform is complete, true, accurate or non-misleading.

    Allmart will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Allmart does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

    Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

    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, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

    Selling

    As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales.

    The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Allmart reserves the right to delete such multiple listings of the same product listed by you in various categories.

    Services

    Payment

    While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

    All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform.

    Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users

    Further


    Replacement/Guarantee/Warranty

    Allmart does not take any responsibility of honouring and fulfilling the warranty, guarantee or replacement or quality or any promise for any product by the seller.

    Damaged or defective or 'Not as described' products

    If Allmart has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, Allmart may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on Allmart will not be allowed to return their products.

    Allmart reserves its right to initiate civil and/or criminal proceedings against a user who files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Allmart may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such users and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

    Exchange Offers:

    By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).

    I confirm that the device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said device.

    You agree to indemnity and keep indemnifying Allmart.com and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Allmart.com, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.

    I confirm that all the data in the said device will be erased before handing it over under the buy back program. I also confirm that in spite of erasing the data manually/electronically, if any data is still accessible due any technical reason, Allmart.com, Seller or the Manufacturer shall not be responsible for the same and I will not approach Allmart.com for any retrieval of the data.

    I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.

    I agree to indemnity and keep indemnifying the Allmart.com and any future buyer of the old device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Allmart.com, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.

    I understand once a device is sent by me to Allmart, in no scenario can this device be returned back to me.

    I understand that the new device delivery and the old device pickup will happen simultaneously (hand in hand) and I shall keep the old device ready to be given for exchange.

    Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.

    1. Limitation of liability: By using the Services, you agree that the liability of Allmart, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors, shall be limited to the maximum extent permissible by applicable law. In no case shall Allmart, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any Content or for any other claim related in any way to your access to the Platform and/or use of the Services, including, but not limited to, any errors or omissions in any Content or information on the Platform, or any loss or damage of any kind incurred as a result of the use of the Services and/or reliance on any Content or information on the Platform.
    2. Indemnification: You shall defend, indemnify and hold harmless Allmart its owners, affiliates, subsidiaries, group companies, partners (as applicable), and their respective officers, directors, agents, and employees (" Indemnified Parties"), from and against any claim, demand, damages, obligations, penalty, losses or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to or arising out of your or your affiliate's or relative's: (a) breach of these Terms, the Privacy Policy and/or any other policies; or (b) violation of any applicable law, rules, regulations; or (c) violation of the rights (including infringement of intellectual property rights) of a third party or Allmart; or (d) unauthorized, improper, illegal or wrongful use of your Allmart account (including by you or by any person, including a third party, whether or not authorized or permitted by you). This indemnification obligation will survive the expiry or termination of these Terms and/or your use of the Service
    3. Force Majeure: You agree that Allmart shall be under no liability whatsoever to you in the event of non-availability of the Platform and/or any of the Services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Allmart (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Platform Partners).
    4. Governing laws: These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Allmart has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Bengaluru, India.
    5. Severability: If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.
    6. Amendments: We may revise these Terms from time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Platform and will be effective immediately after such posting and we recommend that you periodically check these Terms on the Platform for such revised terms. Your continued use of the Services and/or the Platform will be deemed to constitute your acceptance of any and all such revised terms.
    7. Entire agreement: These Terms, the Privacy Policy and any other terms or policies as may be prescribed by Allmart from time to time, constitute the entire agreement between you and Allmart, which will govern your use of or access to the Services and/or the Platform, superseding any prior agreements between you and Allmart regarding such use or access.
    8. Survival: You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law shall survive the efflux of time and the termination of these Terms (including but not limited to Clauses 22 to 30 of these Terms).

    Indemnity

    You shall indemnify and hold harmless Allmart, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

    Applicable Law

    Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai only.

    Jurisdictional Issues/Sale in India Only

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

    Trademark, Copyright and Restriction

    This site is controlled and operated by Allmart and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

    Trademark complaint

    Allmart respects the intellectual property of others. In case You feel that Your Trademark has been infringed, you can write to Allmart enquiry.allmart@gmail.com.

    Product Description

    Allmart we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

    Limitation of Liability

    IN NO EVENT SHALL ALLMART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

    Contact Us

    Please [contact us] for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

    Grievance officer

    In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

    To: Grievance officer

    Allmart Ecommerce LLP

    Phone: 7710835444

    Email: enquiry.allmart@gmail.com

    Time: Mon - Sat (11:00 - 18:00 IST)

    POLICIES

    Profanity Policy

    Allmart prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

    This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

    Please report any violations of this policy to the correct area for review:

    If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal

    Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

    Allmart will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

    Violations of this policy may result in a range of actions, including:

    1. Limits placed on account privileges;

    2. Loss of special status;

    3. Account suspension.

    Allmart shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Allmart is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Allmart shall have the right to delete the customer review. Allmart shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.

    Replacement Guarantee*

    The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.

    If Allmart has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Allmart may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.

    Allmart reserves its right to initiate civil and/or criminal proceedings against a User who files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Allmart may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

    Product returns and replacement shall only be as per the terms and policies of the seller. Allmart plays no role and neither guarantees or warranties for anything.

    Disputes (Resolutions) Policy

    Overview

    Generally, transactions are conducted smoothly on Allmart. However there may be some cases where both the Buyers and Sellers may face issues. At Allmart, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

    What is a 'dispute'?

    A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform.

    How does a 'dispute' occur in the Marketplace?

    Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

    It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.

    How is a 'dispute' created?

    Whenever there is a disagreement, the Buyer can write to us at enquiry.allmart@gmail.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.

    What are the various types of 'disputes'?

    Following are the indicative examples of potential disputes:

    1. Wrong item received

    2. Item Not as described

    3. Damaged or Seal broken on Product

    4. Part/Accessory missing

    5. Item not Compatible

    6. Seller Description/Specification Wrong

    7. Defective (Functional issues)

    8. Product not working and Manufacturer claims invalid Invoice

    In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Allmart will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.

    When a dispute has been raised, Allmart may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Allmart for settling the dispute.

    Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Allmart shall verify the disputes so raised and may process only such claims that are valid and genuine.

    Allmart shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.

    Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.

    Allmart reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Allmart may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.

    Allmart Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.

    Disputes via Chargeback

    Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

    Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by Allmart" and failing to do so Seller will be liable for chargebacks (as applicable).

    Email Abuse & Threat Policy

    Private communication, including email correspondence, is not regulated by Allmart. Allmart encourages its Users to be professional, courteous and respectful when communicating by email.

    However, Allmart will investigate and can take action on certain types of unwanted emails that violate Allmart policies.

    Such instances:

    Threats of Bodily Harm - Allmart does not permit Users to send explicit threats of bodily harm.

    Misuse of Allmart System - Allmart allows Users to facilitate transactions through the Allmart system, but will investigate any misuse of this service.

    Spoof (Fake) email - Allmart will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through the 'Contact Us' tab.

    Spam (Unsolicited Commercial email) - Allmart's spam policy applies only to unsolicited commercial messages sent by Allmart Users. Allmart Users are not allowed to send spam messages to other Users.

    Offers to Buy or Sell Outside of Allmart - Allmart prohibits email offers to buy or sell listed products outside of the Allmart Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

    Allmart policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

    Violations of this policy may result in a range of actions, including:

    Other Businesses

    Allmart does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, Allmart assumes no responsibility for examining or evaluating the products and services offered by them. Allmart does not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). Allmart does not endorse, in any way, any third party Platform(s) or content thereof.

    Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.

    We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.

    Notice of Infringement

    Allmart Ecommerce LLP

    _______________________

    _______________________

    I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:

    1. I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").

    2. I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.

    3. I may be contacted at:

    Name ___________________________________________________________

    Title & Company ________________________________________________________

    Address _________________________________________________________

    Email (correspondence) ___________________________________________________

    Telephone/Fax _____________________________________________________________

    Date _________________________________________________________________

    and I make this declaration conscientiously believing it to be true and correct.

    Declared by ______________________________

    on [date] ___________________________________ in [place]________

    Truthfully,

    Signature

    Addendum to Notice of Infringement:

    List of Allegedly Infringing Listings, Products, or Materials

    A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Allmart will inform Sellers of the specific reason for the removal of their products.

    Select the most appropriate reason. Please associate each item you report with only one reason code.

    Trademark-infringement

    1. Trademark owner doesn't make this type of product or has discontinued the production of the product

    2. Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

    Trademark-listing description infringement

    1. Listing(s) has unlawful comparison to trademark owner's brand or product

    2. Listing(s) contains unlawful use of trademark owner's logo

    Copyright-item infringement

    1. Software is being offered without any license or in violation of a license

    2. Item(s) is a bootleg recording;

    3. Item(s) is an unlawful copy (software, games, movies, etc.);

    4. Item(s) is unlawful duplication of printed material

    5. Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

    Copyright-listing content infringement

    1. Listing(s) comprises unauthorized copy of copyrighted text

    2. Listing(s) comprises unauthorized copy of copyrighted image

    3. Listing(s) comprises unauthorized copy of copyrighted image and text

    Reason Code: _____________________________________________________________

    Work(s)

    infringed: _________________________________________________________

    Item Number(s): ___________________________________________________________

    Note

    1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)

    2. Please provide the evidence as to the ownership of copyright.

    All such Notices of Infringement shall be sent to enquiry.allmart@gmail.com.

    Contacting the Seller

    At Allmart we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at +91 7710835444 and write an email to enquiry.allmart@gmail.com