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TERMS AND CONDITIONS

Welcome to SMartKarts!

The terms and conditions as set out herein (“Terms”) constitute an agreement between Reliance Retail Limited, having its registered office at 3rd Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao, Mumbai - 400 002 (“Reliance”, “we”, “us”or “our”), which manages and operates https://www.smartkarts.in/ and its mobile application/website/tablet/desktop (collectively called as “SMartKarts Platform”) and a natural or legal person who accesses and/or uses SMartKarts Platform in any manner (“you” or “your” “user” or “Customer” ) or uses any current or future service or functionality or offer made available on SMartKarts Platform (“Service(s)”), as updated from time to time.

By using the SMartKarts Platform, you expressly agree to be bound by the Terms. Should the Terms not be acceptable to you, you may refrain from using the SMartKarts Platform. Please top up your SMartKarts Wallet or place an order on SMartKarts if you agree to be bound by the Terms. If you have any questions about the terms, please contact at hello@smartkarts.in. Please note that your access to the Services, other platforms, or utilisation of Products (defined below), offers or promotions in relation to the Products as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the SMartKarts Platform and transactions or dealings thereon.

For the purposes of these Terms: (a) “Products” shall mean grocery including fresh supplies like dairy, fruits and vegetables and fast-moving consumer goods, and such other products as may be offered for sale to you on the SMartKarts Platform; and (b) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

These Terms are divided into 2 (two) parts, Part A and Part B mentioned below.

  • TERMS AND CONDITIONS FOR USAGE OF SMartKarts PLATFORM
  • TERMS AND CONDITIONS OF SALE ON SMartKarts PLATFORM

Please carefully read all the parts to understand the conditions applicable in case of usage of the SMartKarts Platform and for purchase of Products thereof.

“PART A – TERMS AND CONDITIONS FOR USAGE OF SMartKarts PLATFORM”

  1. GENERAL
    1. The terms and conditions for usage of the SMartKarts Platform as set out herein (“Terms of Use”) specifically govern your access and use of the SMartKarts Platform, which provides a forum to enable you to inter alia discover, select and buy Products listed on the SMartKarts Platform at the indicated price at any time, to the locations serviceable by us.
    2. Please note that we may from time to time change the Terms of Use that govern your usage of the SMartKarts Platform, and such changes shall be effective immediately upon posting on the SMartKarts Platform. Every time you wish to use our SMartKarts Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the SMartKarts Platform or suspend the operation of the SMartKarts Platform for support or maintenance work, in order to update the content or for any other reason, at any time, with or without any prior information/ intimation, in any manner whatsoever.
    3. Any accessing, browsing, or otherwise usage of the SMartKarts Platform indicates your agreement to these Terms of Use, the Privacy Policy of the SMartKarts Platform and any other policies or guidelines that may be applicable on the SMartKarts Platform at the time of your access and usage of the SMartKarts Platform and which may be updated from time to time (collectively, the “Agreement”).
    4. This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be 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.
    5. We authorise you to view and access the SMartKarts Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Cancellation, Return and Refund Policy.We therefore grant you a limited, revocable permission to access and use the Services.
    6. By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that the User is using/browsing the SMartKarts Platform under the supervision of the parent or legal guardian and that such user’s parent or legal guardian has read and agreed to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the SMartKarts Platform without the supervision of the parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
  2. REGISTRATION OF YOUR ACCOUNT
    1. In order to purchase Products on the SMartKarts Platform and/or avail the Services, you will have to sign-up/ register on the SMartKarts Platform. Registration is a one-time process based on successful mobile One Time Password ( “OTP” ) verification. You will be eligible to further access and avail the Services only after providing necessary forms and details as may be required by us at the time of your registration.
    2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the SMartKarts Platform and to restrict access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
    3. You will: (a) immediately inform us of any unauthorized usage of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors, and officers will not be liable for any loss, or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred by us or any other user due to unauthorized use of their account by you.
    4. We reserve the right to refuse access to the SMartKarts Platform, restrict placement of new orders, cancel pending orders, deactivate, or suspend your account on the SMartKarts Platform, without any notice to you, at our sole discretion, for reasons which may include: (a) breach of these Terms and Conditions, Privacy Policies or any other applicable policy; or (b) violation of any applicable laws; or (c) suspicion of your involvement in any inappropriate or unlawful conduct; or (d) suspicion of your involvement in placing fake orders, frequent cancellations, returns, or abuse of any policy or abuse of SMartKarts Platform; or (e) directly or indirectly threaten or cause harm to the brand image of SMartKarts on a public forum (including but not limited to social media, print or electronic media); or (f) causing harassment to SMartKarts and / or its employees / or its agents.
  3. COMMUNICATION AND UNSUBSCRIPTION
    1. By accepting the Terms of Use, you also accept to receive news, updates, promotion messages, offers and campaign related communication via the SMartKarts Platform and/or on your registered mobile number from Reliance. By accessing and using the SMartKarts Platform, you explicitly consent to receive such communications by any means/mode, including but not limited to, by push notification on the platform, SMS on registered mobile number, email on the registered email address, IVR call or manual call, as the case may be, as and when required, for sending any update or information to you (by any electronic means, as the company may deem fit to use) from us regarding any new services or offerings or communicating the OTP.
    2. By using the SMartKarts Platform, you consent to such transfer of your information outside of your country and within our affiliates, subsidiaries and partners, their personnel, and subcontractors, provided they have agreed to ensure the same level of data protection as prescribed under this Privacy Policy and the data protection laws of India. The information may be transferred in the event it is necessary for the performance of the Services, operation of the SMartKarts Platform and provision of Products as agreed upon between us and the user.
    3. You may also receive such notifications regarding any marketing/promotional activities that may be available on the SMartKarts Platform from time to time. By sharing your Account Information and registering on the SMartKarts Platform and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
    4. You can unsubscribe/opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications. However, if you unsubscribe/ opt-out as stated, you may not be able to optimise the Services offered on the SMartKarts Platform.
  4. AVAILIBILITY AND ACCESIBILITY OF SMartKarts PLATFORM
    1. We operate the SMartKarts Platform in India and make no representation that the materials and the content available on the SMartKarts Platform are appropriate to be used or will be available for use in other locations outside India. If you use the SMartKarts Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for, or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized, or to any person to whom it is unlawful to promote or solicit.
    2. We have several websites offering Products, Services, content, and various other functionalities to specific regions in the territory of India. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment, and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from the SMartKarts Platform in another region, and we may cancel a user's order or redirect a user to the SMartKarts Platform for that user’s region if a user attempts to order Services offered on a SMartKarts Platform in another region.
    3. Information that we publish on the world wide web may contain references or cross references to our Products, programs and Services that are not announced or available in your region. Such references do not imply that we intend to announce such Products, programs or Services in your region. Connect with us at hello@smartkarts.in, for information regarding the Products, programs and Services that may be available to you.
  5. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
    1. In your use of the SMartKarts Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of SMartKarts Platform or access any other third-party website linked to the SMartKarts Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, advertisement, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
  6. LICENSE AND USE OF YOUR CONTENT
    1. You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the SMartKarts Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the SMartKarts Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
    2. You agree that we do not routinely monitor your usage of the SMartKarts Platform but reserve the right to do so. However, if we become aware of inappropriate use of the SMartKarts Platform or any of its Services, we will respond in a way that, in our sole discretion, we deem appropriate. You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information we receive of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
    3. Submissions and unauthorised use of any material on the SMartKarts Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your login credentials. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all losses, costs, damages, liabilities, and expenses (including attorney’s fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the SMartKarts Platform or the use of the SMartKarts Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
    4. We reserve the right to terminate access to the SMartKarts Platform at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.
  7. USER WARRANTIES AND RESTRICTIONS
    1. You represent and warrant that: (a) your use of the SMartKarts Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with SMartKarts Platform and/or Services is true, accurate and lawful; (c) use of the content you provide does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach of any of these warranties.
    2. You will use the SMartKarts Platform for lawful purposes only and will not undertake any activity that is harmful to the SMartKarts Platform or its content or otherwise not envisaged through the SMartKarts Platform. You have a limited license to access and use SMartKarts Platform, solely for the purpose of availing the Services, subject to these Terms of Use.
    3. You hereby undertake not to do any of the following:
      1. Delete or modify any content on SMartKarts Platform, such as any information regarding the Services, their performance, sales or pricing;
      2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the SMartKarts Platform;
      3. Make false or malicious statements against the Services, SMartKarts Platform or us;
      4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage SMartKarts Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of SMartKarts Platform and/or the Services;
      5. Introduce any trojans, viruses, any other malicious software, any bots or scrape SMartKarts Platform for any information;
      6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
      7. Hack into or introduce malicious software of any kind onto the SMartKarts Platform;
      8. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services;
      9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet; or
      10. Create any identical platform for any malicious and fraudulent motive or for any other reason whatsoever.
    4. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through SMartKarts Platform, any information that:
      1. belongs to another person and to which you do not have any right;
      2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
      3. harms minors in any way;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. impersonates or defames another person; or
      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
    5. We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and legal fees from persons using the SMartKarts Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the SMartKarts Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
  8. COPYRIGHTS IN RELIANCE CONTENT
    1. The SMartKarts Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Reliance Content”). All copyright and other intellectual property rights in the Reliance Content are either owned by us or have been licensed to us by the owner(s) of those rights so that we can use the Reliance Content as part of SMartKarts Platform. We retain copyright on all Information (defined below), including text, graphics and sounds, and all trademarks displayed on the SMartKarts Platform are either owned by or licensed to us.
    2. You may use and display the Reliance Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non- transferable license to you by us when you register on the SMartKarts Platform, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with our Cancellation, Return and Refund Policy and for using and printing copies of the information on the SMartKarts Platform for your personal use and store the files on your computer for personal use only and not for business purposes.
    3. You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper within any way, or otherwise use any Reliance Content contained in the SMartKarts Platform. These restrictions apply in relation to all or part of the Reliance Content available on the SMartKarts Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the SMartKarts Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from SMartKarts Platform; or (e) link any other material to the SMartKarts Platform, without our express written consent.
    4. The license granted to you does not include a license for: (a) resale of Products or commercial use of the SMartKarts Platform or Reliance Content, (b) any collection and use of product listings, description, or prices, (c) any use of SMartKarts Platform, the Services and/or of Reliance Content other than as contemplated in these Terms of Use, (d) any downloading or copying of login credentials of user, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of SMartKarts Platform, and (f) creating and/ or publishing your own database that features parts of the SMartKarts Platform.
    5. If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at hello@smartkarts.in and let us know your concerns.
  9. TRADEMARKS
    1. All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
  10. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
    1. We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information” ) provided as part of this SMartKarts Platform is correct at the time of inclusion on the SMartKarts Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
    2. You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the SMartKarts Platform shall constitute an invitation to invest in us or any affiliates. Any use of this SMartKarts Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees nor agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this SMartKarts Platform. We are not responsible for the content of any third-party websites and do not make any representations and or endorsement regarding the content or accuracy of material on such websites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
    3. As means to assist the users in identifying the Products of their choice, we provide visual representations on the SMartKarts Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids, as may be provided to us by the respective brand/product owners or otherwise. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons and hence no claim to be considered by the customer on such account in any manner.
    4. Nothing contained herein is to be construed as a recommendation to purchase or use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
    5. We do not covenant or provide any representations and warranties:
      1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on SMartKarts Platform;
      2. that the Services will be made available at all times; and
      3. that the operation of SMartKarts Platform, including the functions contained in any content, information and materials on SMartKarts Platform or any third-party sites or services linked to SMartKarts Platform will be uninterrupted, or that the defects will be rectified, or that SMartKarts Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
    6. THIS SMartKarts PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELVES AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE SMartKarts PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    7. Disclaimer - To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the SMartKarts Platform.
  11. INDEMNIFICATION AND LIMITATION OF LIABILITY
    1. You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of SMartKarts Platform or the Services, violation of these Terms of Use, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  12. APPLICABLE LAW AND JURISDICTION
    1. These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the SMartKarts Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.
  13. MISCELLANEOUS
    1. In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between you and any such third parties.

    2. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of SMartKarts Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.

      “PART B – TERMS AND CONDITIONS OF SALE ON SMartKarts PLATFORM”

      The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase the Products from us on or through the SMartKarts Platform. By adding any Product in the basket on the platform for making a purchase of the Product, you expressly agree to be bound by these Terms of Sale.

      These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  1. OUR CONTRACT OF SALE
    1. Listing and display of a Product by us on SMartKarts Platform is our invitation to you to make an offer for purchase of such Product by adding the same in the cart/basket. Likewise, adding any offered Product in the basket on the SMartKarts Platform by you is your offer to buy the Product(s) from us.
    2. Any communication from us shall be sent by either way, such as via push notification/ SMS on registered mobile number/ Email on registered email id/ IVR call/ manual call, as the case may be, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address and the address for delivery on the SMartKarts Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
    3. Your contract is with us, and you confirm that the Product(s) added to the basket by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that there may be maximum quantity prescribed for each item listed on SMartKarts Platform. We at our sole discretion have the right to update or modify the maximum quantity that can be purchased by each user. Additionally, we may also put a limit on the maximum basket value that can be purchased each day by each user at our sole discretion.
    4. All items added to the basket on SMartKarts Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
    5. You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non- commercial use.
  2. PRODUCT RETURN AND REFUND
    1. Please review the Cancellation, Return Policy and Refund Policy of SMartKarts Platform, which applies to Products sold by us.
  3. PRODUCT AVAILABILITY
    1. We list availability information for the Products on the SMartKarts Platform. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, we may send you the communication by way of push notification or SMS or email or IVR call or any manual call, as the case may be, once your order is delivered. However, if any Products you added in the basket/cart turn out to be unavailable or out of stock at the time of processing the order, the same shall be auto removed from the cart/basket with simultaneous credit in your SMartKarts Wallet balance / update in the subscription item as the case may be and may also be informed to you before delivery of your order.
  4. PRODUCT PRICING
    1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
    2. Products in your shopping cart of SMartKarts Platform will reflect the most recent price as displayed on the Product’s information webpage on SMartKarts Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may increase or decrease between the time you place it in your shopping cart and the time your order is processed. The prices charged at the time of order processing will be the final price charged on your SMartKarts Wallet.
    3. Due to perishable nature of the Products, SMartKarts Platform procures and supplies fresh products depending upon its shelf life. However, in case of change in price of the Product subscribed on SMartKarts Platform, any revision in cost of the Product would be charged accordingly, i.e., if it is downward revision in the price of the Product, the balance shall be returned to your SMartKarts wallet, however, in case of an upward revision in the price of the product, the additional cost shall be borne by you and it shall be charged on your SMartKarts Wallet. In case the SMartKarts Wallet does not have sufficient balance, we shall intimate you to top-up the SMartKarts Wallet with the requisite amount, pending which we may not be able to process your orders.
  5. LICENSES
    1. You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
  6. TAXES
    1. You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
  7. ELIGIBILITY
    1. Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use SMartKarts Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on SMartKarts Platform only with the involvement of a parent or guardian.
  8. LIMITATION OF LIABILITY
    1. In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
  9. MISCELLANEOUS
    1. In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.
    2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.