Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.

 Your Agreement to these Terms and Conditions for availing Service

The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an reseller (individual / firm / company any other entity) , user, or beneficiary of this service of at least 18 years of age, and Inclusion Technoserve (My i-Mart) having its registered office at 11 S K Avenue Rajat Vihar Commercial Complex Hoshangabad Road Bhopal – 462016. All services are rendered by Inclusion Technoserve through its platform under the brand name ‘my i-Mart. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of My-iMart . (together with its subsidiaries and other affiliates, “us”, “We” or “My i-Mart”), regarding your use of our prepaid mobile/DTH recharge purchasing prepaid mobile/DTH recharge (known as “Recharge”) or purchasing products regarding Marketplace or purchasing such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be).

Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. My i-Mart reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.

 Eligibility

The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by My i-Mart. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

 RECHARGES

We are a Reseller Only. My i-Mart does not provide mobile service and is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. My i-Mart is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or the recipient of the Recharge) and the Telco.

 BILL PAYMENTS

In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

My i-Mart and/or the My i-Mart business partner reserve the right to charge and recover from the User, fees for availing the Services. These changes shall be effective from the time they are posted on to the My i-Mart Website or over the My i-Mart business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the My i-Mart Website or check with the My i-Mart business partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, My i-Mart shall be entitled to charge and recover from you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by My i-Mart. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by My i-Mart.

My i-Mart offers a convenient and secure way to make payments towards identified Biller(s) using a valid Payment Account.

Depending upon the My i-Mart business partner through whom the Service is availed by you (i) the specific features of the Service may differ (ii) the number of Billers available over the Service can differ (iii) the type and range of Payment Accounts that can be used to issue a Payment Instructions can differ and (iv) the modes/devices over which the Service can be accessed can differ; and (v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the My i-Mart business partner or the channel over which the Service is being availed.

From time to time, My i-Mart, at its sole discretion, can add to or delete from such list of Billers or types of Payment Accounts that can be used in respect of making payments to a Biller. In any event (i) the type and range of Payment Accounts that can be used for making payments may differ for each Biller depending on Biller specifications (ii) there may be an additional fees/charge when using certain types of Payment Accounts in respect of a Biller; and (iii) the terms upon which a payment can be made to a Biller can differ depending on whether a Card or a Bank Account is used to issue the Payment Instruction. Further depending on the specific facilities allowed by a My i-Mart business partner, payments to a Biller can be made either (a) by issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) by scheduling an automated debit to a Payment Account.
In using the Bill Payment Service, you agree to:

1.     Provide true, accurate, current and complete information about yourself (“Registration Data”), your Payment Account details (“Payment Data”), your Biller details (“Biller Data”) and

2.     Maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or My i-Mart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, My i-Mart has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The term biller includes telecom operators.

My i-Mart assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:

1.     If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.

2.     If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)

3.     If the funds available in the Payment Account are under any encumbrance or charge.

4.     If your Bank or the NCC refuses or delays honouring the Payment Instruction(s)

5.     If payment is not processed by biller upon receipt.

6.     Circumstances beyond the control of My i-Mart (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)

In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail

Communication Policy

1.     By accepting the terms and conditions the customer accepts that My i-Mart may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.

2.     My i-Mart will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from My i-Mart as an alert on the mobile phone number provided during the course of ticket booking and My i-Mart shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold My i-Mart liable for non-availability of the service in any manner whatsoever.

3.     The customer acknowledges that the SMS service provided by My i-Mart is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, My i-Mart shall be immediately informed about the same by the customer and My i-Mart will make best possible efforts to rectify the error as early as possible. The customer shall not hold My i-Mart liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.

4.     The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. My i-Mart shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

5.     The customer agrees to indemnify and hold harmless My i-Mart and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which My i-Mart and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from My i-Mart and/or the SMS service provider.

6.     Customer also agrees to receive information regarding what My i-Mart perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.

7.     By accepting the terms and conditions the customer acknowledges and agrees that My i-Mart may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the bus facilities and/or services of the bus operator.

8.     Grievances and claims related to the bus journey should be reported to My i-Mart support team within 10 days of your travel date.

Use of Site

You understand that except for information, products or services clearly indicated as being supplied by the My i-Mart, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that My i-Mart cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

Prohibited Conduct

By using the Services you agree not to:

ï‚·     use the Services for any purposes other than to purchase Recharge of Telcos and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by My i-Mart

ï‚·     impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Recharge with what we reasonably believe to be potentially fraudulent funds

ï‚·     infringe our or any third party’s intellectual property rights, rights of publicity or privacy

ï‚·     use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law

ï‚·     post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person

ï‚·     post or transmit any message, data, image or program which is pornographic in nature

ï‚·     refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to my i-Mart

ï‚·     remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services

ï‚·     reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation

ï‚·     use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner

ï‚·     modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation

ï‚·     intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features

ï‚·     use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission

ï‚·     interfere or disrupt this Site or networks connected to this Site

ï‚·     take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network

ï‚·     use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services

ï‚·     forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site

ï‚·     sell the Services, information, or software associated with or derived from it

ï‚·     use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others

ï‚·     breach this Agreement or any other My i-Mart agreement or policy

ï‚·     provide false, inaccurate or misleading information

ï‚·     use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site

ï‚·     purchase Recharge with what My i-Mart reasonably believes to be potentially fraudulent funds

ï‚·     use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to My i-Mart, a third party or You

ï‚·     use the Services in a manner that My i-Mart or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules

ï‚·     take any action that may cause My i-Mart to lose any of the Services from its service providers, Telcos, payment processors or other suppliers

ï‚·     send automated request of any kind to the Site’s system without express permission in advance from My i-Mart.

Refund Policy

All sales of Recharge are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. My i-Mart is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and a Recharge is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Please include in the email the following details – the mobile number (or DTH account number), operator name, Recharge value, Transaction date and Order Number. My i-Mart shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then you will be refunded the money within 21 working days from the date of receipt of your email. All Refunds will be credited to your Semi Closed Wallet. You can trigger a request in your My i-Mart associate ‘Wallet’  to transfer the money from your My i-Mart associate ‘Wallet’ back to source. It will take 3-21 days for the money to show in your bank account depending on your bank’s policy.

 

Termination; Agreement Violations

 

You agree that My i-Mart, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. My i-Mart may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that My i-Mart will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies My i-Mart may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.

 

Limitation of Liability and Damages

 

In no event will My i-Mart or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if My i-Mart or a My i-Mart authorized representative has been advised of the possibility of such damages. In no event will My i-Mart or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with My i-Mart, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that My i-Mart has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and My i-Mart, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and My i-Mart. My i-Mart would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, My i-Mart’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

 

Indemnification

 

You agree to indemnify, save, and hold My i-Mart, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. My i-Mart reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify My i-Mart, including rights to settle, and you agree to cooperate with My i-Mart’s defense and settlement of these claims. My i-Mart will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, My i-Mart and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from My i-Mart or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “My i-Mart” includes My i-Mart’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that My i-Mart is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. My i-Mart, and its third party suppliers, licensors, and partners do not warrant that the data, My i-Mart software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. My i-Mart and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will My i-Mart be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.

Ownership; Proprietary Rights

The Services and the Site are owned and operated by My i-Mart and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by My i-Mart (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and My i-Mart, all Materials, trademarks, service marks, and trade names contained on the Site are the property of My i-Mart and/or third party licensors or suppliers. You agree not to remove, obscure, or alter My i-Mart or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by My i-Mart, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. My i-Mart reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to My i-Mart, and shall assign to My i-Mart, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

My i-Mart reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, My i-Mart may be required under applicable law to give you advance notice, and My i-Mart will comply with such requirements.

Notice

My i-Mart may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to My i-Mart must be sent by courier or registered mail to info@inclusion.co.in, 11 S K Avenue Rajat Vihar Commercial Complex Hoshangabad Road Bhopal – 462016.

 

Waiver

The failure of My i-Mart to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by My i-Mart.

 

Arbitration

My i-Mart may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Bhopal, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Bhopal, India, necessary to protect the rights or the property of you or My i-Mart (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.

Governing Law and Forum for Disputes

Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against My i-Mart must be resolved by a court located in Bhopal, India. You agree to submit to the personal jurisdiction of the courts located within Bhopal, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between you and My i-Mart relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by My i-Mart in accordance with the terms of this Agreement.

 

MY I-MART MARKET PLACE

 

My i-Mart is the provider of online Marketplace Service, where branded merchandises are displayed online by the various registered merchants (Merchants) for sale and you can purchase the same subject to the terms and conditions contained herein. Online Market Place Services are offered to you through various modes including issue of coupons & vouchers and through various Sites. The actual contract for sale is directly between the Merchant and you.

 

My i-Mart provides the services of listing catalogs, pricing, shipping, etc. which is informational and it is up to you to follow it or not.

 

My i-Mart may help facilitate the resolution of disputes through various modes; My i-Mart has no control over the existence, quality, safety or legality of items displayed; the accuracy of third party content or listings; the ability of sellers to sell items; the ability of buyers to pay for items.

My i-Mart does not at any point of time during any transaction between buyer and seller, take the ownership of any of the goods offered by seller nor does it at any point asserts any rights or claims over the goods or services offered by seller to buyer.

In using the online Market Place Service, you explicitly agree and acknowledge that:

  1. My i-Mart, through its Site also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale and such other additional terms, if any, as specified by the Merchant partner.
  2. My i-Mart may offer delivery services for some of the products on the Website as per the company’s policy, which may be changed by My i-Mart without any notice to you.
  3. My i-Mart is not a warrantor of the products/ services being offered on My i-Mart by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ Manufacturer. All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that My i-Mart gives no guarantee, either express or implied, regarding the Product bought by you or for the use or availability of online Market Place Service.
  4. The price of products offered on the Website is including MRP, Retail Price, Sell Price, Discounted Price is offered by our Merchant partner. My i-Mart may at its discretion offer marketing promotion benefits by way of gift coupons, cash back, free gifts etc. on all or some of the products from time to time.My i-Mart is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the platform. My i-Mart is not linked with any warranty, guarantee, post sale claims, genuineness of products or brand as it is just a platform that facilitates sales for its Merchant partners. My i-Mart will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
  5. The Website makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from My i-Mart. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. My i-Mart does not provide any guarantee with respect to any the Third Party Content and My i-Mart shall not be held liable for any loss suffered by you based on your reliance on or use of such data.
  6. Cancellation

ï‚·        Cancellation by My i-Mart: There may be certain orders that My i-Mart Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, or problems identified by My i-Mart’s credit and fraud avoidance department. My i-Mart may also require additional verifications or information before accepting any order. My i-Mart will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or My i-Mart.

ï‚·        Cancellation by the User: In case of requests for order cancellations, My i-Mart reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if My i-Mart receives a cancellation notice and the order has not been processed/ approved by My i-Mart, My i-Mart shall cancel the order and refund the entire amount to you instantly. My i-Mart will not be able to cancel orders that have already been processed. My i-Mart has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by My i-Mart and accept My i-Mart’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped refund shall be made subject to the returns process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.

  1. My i-Mart reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by My i-Mart as per certain criteria. Any My i-Mart Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz:

ï‚·        Products ordered are not for self-consumption but for commercial resale

ï‚·        Multiple orders placed for same product at the same address

ï‚·        Bulk quantity of the same product ordered

ï‚·        Invalid address given in order details

ï‚·        Any malpractice used to place the order

  1. Delivery of the Product: Your shipping address, pin code will be verified with the database of My i-Mart before you proceed to pay for your purchase. In the event your order is not serviceable by our delivery partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by My i-Mart, in such cases My i-Mart will not be responsible for the non-delivery of the product. My i-Mart doesn’t deliver items internationally. However, you can make purchases on the Site from anywhere in the world but at the same time ensuring the shipping address is within India.In case you book multiple orders for the Products and Services in one transaction, My i-Mart would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics or logistics’ issues. If you purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by you. If you wish to ship Products to different addresses, then you should book the orders separately based on the delivery addresses.
  2. Return Policy

ï‚·        In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.

ï‚·        Upon receiving your complaint, My i-Mart shall verify the authenticity and the nature of the complaint. If My i-Mart is convinced that the complaint is genuine, My i-Mart will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, My i-Mart reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by My i-Mart in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and My i-Mart shall not in any manner be held liable for the same.

ï‚·        Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, request you to refuse to accept delivery and inform My i-Mart at the earliest. The return process of the product may be restricted by My i-Mart depending on the nature and category of the product.

ï‚·        In order to return any products sold through the Website, you are required to comply with the below mentioned conditions, viz:

ï‚·        For non damaged/ non defective product/service, you shall be allowed to return the product within the time frame displayed on website at the time of purchase.

ï‚·        Please notify My i-Mart of receipt of a damaged/ defective product/service within 48-hours of delivery to you. If you are unable to do so within 48-hours, My i-Mart/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;

ï‚·        My i-Mart will arrange pick-up of the damaged/defective product through its own logistics partner. In the event My i-Mart is unable to do so, My i-Mart will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with My i-Mart;

ï‚·        Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;

ï‚·        It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;

ï‚·        The returned products are subject to verification and checks by My i-Mart in order to determine the legitimacy of the complaint/ return.

ï‚·        In the event the return of a product is duly accepted by My i-Mart, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, will be refunded to you. Refund will be processed based on the mode of payment and My i-Mart will credit your refunds directly into My-iMart associate ‘Wallet’ account. Here the wallet refers to the wallet provided by associated partner of My i-mart under their white label solutions arrangement and agreement.  provided to My-iMart   Refunds will be subject to the following:

ï‚·        Orders paid online will be refunded instantly through the My i-Mart associate’s ‘Wallet’.

ï‚·        For Cash on Delivery payments also the amount will be refunded into your My i-Mart associate ‘Wallet’.

ï‚·        You can trigger a request in your My i-Mart associate ‘Wallet’ to transfer the money from your My i-Mart associate ‘Wallet’ to the Bank. It will take 3-21 days for the money to show in your bank account depending on your Bank’s policy.

ï‚·        A promo code, once used shall not be refunded in case of cancellation of order either by customer or My i-Mart.

ï‚·        My i-Mart offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not as described is the seller’s responsibility. You also authorize My i-Mart to place the return shipping label costs on your invoice, subject to your automatic payment method on file.

  1. Use of Information: We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using auto dialled or pre-recorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
  2. By accepting the terms and conditions the you accept that My i-Mart may send the alerts to the mobile phone number/ email provided by you while registering for the Service or to any such number replaced and informed by you.
  3. Content: While We try to offer reliable data, We cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content.
  4. Limitation of liability and waiver: Notwithstanding anything to the contrary contained herein, neither My i-Mart nor its affiliated companies, subsidiaries, officers, directors, employees or Merchants or any related party shall have any liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to INR one hundred (INR 100). To the maximum extent permitted by law, you waive, release, discharge and hold harmless My i-Mart, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the online Market Place Service.
  5. Jurisdiction and dispute resolution: These terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Bhopal shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.