Mart’Online is a trademark of SDAL Mart Pvt. Ltd. (hereinafter the “Company”) a company incorporated under the Companies Act 2013 with its registered office at E-66 Bhagat Singh Marg C-Scheme Jaipur 302001 (Raj.).
This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement as available on the Marketplace each time you access and/or use the Marketplace.
market place ordering:
The Marketplace is a platform for consumers to transact with third party sellers/ merchants/ retailers who have been granted access to the Marketplace to display their store details products and offers either for sale through the marketplace or only to display to customers to purchase physically from their store. For abundant clarity the Company does not provide any services to users other than providing the Marketplace as a platform to transact at their own cost and risk and other services as may be specifically be notified in writing.
The Company is not and cannot be a party to any transaction between you and the third party sellers or have any control involvement or influence over the products purchased by you from such third party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Marketplace.
Services on the Marketplace are available to only select geographies in India and are subject to restrictions based on business hours and days of third party sellers.
Transactions through the Marketplace may be subject to a delivery charge or any other charges that would be communicated to you (the customer) during checkout.
The Platform allows you to place orders from a various retailers/ partners and we will subject to the terms and conditions set out herein.
All deliveries unless specified otherwise will be handled by the retailer and not Mart’Online.
As a general rule all orders placed on the Platform are treated as confirmed.
However upon your successful completion of booking an order we may call you on the telephone or mobile number provided to confirm the details of the order the price to be paid and the estimated delivery time. For this purpose you will be required to share certain information with us including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
In addition to the foregoing we may also contact you by phone and / or email to inform and confirm any change in the order due to availability or unavailability or change in price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that Mart’Online reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand accept and agree that the payment facility provided by Mart’Online is neither a banking nor financial service but is merely a facilitator providing an electronic automated online electronic payment receiving payment on delivery collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further by providing payment facility Mart’Online is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us which are due to the Merchant your payment obligation to the Merchant for such amounts is completed and we are responsible for remitting such amounts to the Merchant. You shall not unless for Cash on delivery orders make any payment directly to the Merchant for Order bookings made using the Platform.
The final tax bill will be issued by the Merchant to the Buyer along with the order and Mart’Online is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Mart’Online holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely prices may change at the time of placing order due to Merchant’s product pricing changing and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant or Mart’Online may cancel such your order(s).
The Merchant shall be solely responsible for any warrantee/guarantee of the products sold to the customers and in no event shall be the responsibility of Mart’Online.
The transaction is bilateral between the Merchant and Buyer and therefore Mart’Online is not liable to charge or deposit any taxes applicable on such transaction.
The Platform allows you to place orders from a various retailers/ partners and we will subject to the terms and conditions set out herein.
Once customer makes a purchase on the marketplace ie. once order is placed irrespective if the payment is made or not the purchase can not be modified replaced or refunded.
Mart’Online is not liable to refund replace cancel any purchases and is soly upto the merchant/ retailers discretion if they would accept any refunds for the products
You agree and acknowledge that we shall not be responsible for:
The services or goods provided by the Merchant
The Merchant’s services or goods not being up to your expectations or leading to any loss harm or damage to you;
The availability or unavailability of certain items; or
The Merchant serving the incorrect orders.
The details of the products and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability
You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking
You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. Mart’Online does not take responsibility for delivery and this will be handled by the retailers.
You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order in our sole discretion in the event of any change to the place of delivery and you shall not be entitled to any refund for the same.
You shall undertake to provide adequate directions information and authorisations to accept delivery. In the event of any failure to accept delivery failure to deliver within the estimated time due to your failure to provide appropriate instructions or authorizations then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
You understand that our liability ends once the order has place on any Mart’Online platform.
You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you i.e. in any transaction you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
We constantly strive to provide you with accurate information on the Platform. However in the event of an error we may in our sole discretion contact you with further instructions.
If you use the Platform you do the same at your own risk.
You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
By agreeing to these Terms and Conditions during Opt-in process the Member confirms his willingness to join the Program and his/her eligibility to be a Member in terms of these Terms and Conditions and applicable Indian laws. The Member further agrees to comply with the provisions of these Terms and Conditions and all additions modifications and amendments hereto. Members on the DND list have agreed to receive administrative Mart’Online communications with their explicit missed call during opt in as well as having been notified on opt out procedures immediately upon enrolment.
The Member understands and agrees that by providing his/her contact information such as but not limited to phone number physical address and email address Mart’Online reserves the right to communicate its Program and promotional offers through these channels and any other information offered as a part of enrolment process. The members understand and agree to receive Program-related updates and other Administrative and Promotional Communication through these communication mediums. Membership in Mart’Online is non-transferable under any circumstances.
The Member also agrees to provide any further information requested by Mart’Online as and when communicated by Mart’Online and to comply with all directions guidelines instructions etc issued by Mart’Online relating to any/all matters connected to the services of Mart’Online.
The Member agrees that all the information supplied to Mart’Online is true and correct and the Member shall be solely responsible and liable if the same is found incorrect. The Member is required to inform Mart’Online of all changes in contact details through the Mart’Online helpline. If a Member fails to provide the change of address information immediately Mart’Online or its Authorized Retailers or its Suppliers will not be responsible for any delay in delivery of the products/ services or Rewards ordered by the Member.
Member shall be solely responsible for the management of all Points accumulated outstanding or accrued to such Member’s Membership Account.
A member can earn points by shopping at any of Mart’Online’s Authorised Retailer / Retail partners that are explicitly running the loyalty program.
A member can also earn points from Mart’Online on complition of particular activities as an incentive
The Membership Account and Points are not a payment medium or payment instrument. Points are non-negotiable non-redeemable and non-exchangeable for cash or credit. These Points cannot be used again once redeemed.
When a Member seeks to use or obtain any of the services benefits facilities and arrangements as offered by Mart’Online Authorized Retailers the provisions of such services benefits facilities or arrangements will be subject to the respective Terms and Conditions of the Partner being the provider of the said benefits facilities and arrangements.
In case of a reversal of any Earn Activity Points credited to the Mart’Online Membership Account as a result will be deducted from the accrued Points balance.
Points may be earned only as per the terms determined by Authorized Retailers/ Merhcants/ Retailers and as agreed to by Mart’Online either in their physical stores or via the Mart’Online app. More specifically certain Earn Activities may receive more or less Points. Exclusions may be posted or noted at point of sale.
Mart’Online and its Authorized Retailers reserve the right to change the Points earn rate per Earn Activity.
No Points will be provided for Earn Activities retroactively unless otherwise specified by Mart’Online.
Points are calculated by rounding down the transaction value to the nearest integer that merits a full Point denomination as determined by Mart’Online. These Points are accrued in whole. Members will not be awarded Points in fractions.
Mart’Online can at any time without intimation to the Members add and / or remove Authorized Retailers or Earn Activities.
All Point dispute complaints older than fourteen (14) Working Days from the date of the Earn Activity will not be entertained. The Member must provide proof of Earn Activity to register any Point dispute.
Authorized Retailers may change any of the Terms and Conditions of their business at any time without giving notice to Members. Mart’Online is not responsible for informing Members of the aforementioned changes. Mart’Online has no liability for the acts and omissions of Authorized Retailers.
On receipt of the Redemption request Points will be deducted from the accumulated Points from the Membership Account. Once the Redemption request is placed and the Member receives the Redemption confirmation via mobile the request cannot be canceled or refunded.
The respective Authorized Retailers are responsible for the Points issued under this Program and in the event of any of them going into liquidation or non-payment for these Points or any similar event Mart’Online shall not be liable to honour Points which have been credited to the Membership Account and are yet to be redeemed but have not been fully funded by the Partner as on that date. In such an event such Points will be removed from the Membership Account without prior intimation.
Authorized Retailers are responsible for informing Mart’Online of Points to be credited to a Member’s Membership Account. Mart’Online shall not be responsible for any failure delay or error by a Partner to inform Mart’Online of Points to be credited to a Member’s Mart’Online Membership Account.
Points can only be earned held or redeemed as set out in these Terms and Conditions. Any other use award sale exchange or transfer of Points or any attempt to do so is a breach of these Terms and Conditions and may result in a Member’s Mart’Online Membership Account being closed and any outstanding Points being forfeited.
Redemption of Points is subject to Mart’Online approval and is guided by:
Restrictions imposed by any Supplier of the Reward.
Specific Terms and Conditions may exist for certain Rewards which will be provided at time of Redemption or upon request to the Mart’Online helpline.
Whenever deemed necessary Mart’Online may without notice cancel the Reward order or substitute the Reward with another of comparable nature and value as determined by Mart’Online.
The Points accrued can only be redeemed by the primary relationship-holder.
Redeemed Rewards will be delivered through the relevant channels with information provided during enrolment unless updates are provided to Mart’Online via helpline or occasional information update communications.
The redemption value of each point is determined by Mart’Online and Mart’Online has the right to change this at any points without any written notice.
Points once earned could expire within a particular variable timespan this information will be made clear in the member’s account
Points once expired can not be renewed or reactivated under any circumstance
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act 1872 including minors un-discharged insolvents etc. are not eligible to use/access the Marketplace.
The Marketplace is intended to be a platform for consumers desirous of purchasing product(s) for domestic self-consumption. If you are a retailer institution wholesaler or any other business user you are not eligible to use the Marketplace to purchase products from third-party sellers who have been granted access to the Marketplace to display and offer their products for sale through the Marketplace.
The Company in its sole discretion and without liability reserves the right to terminate or refuse your registration or refuse to permit use/access to the Marketplace if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user or (iii) may breach the terms of this User Agreement.
In order to determine compliance with eligibility criteria the Company inter alia uses an algorithm and/or pre-determined criteria based technology and accordingly from time to time your usage may be restricted or blocked on account of overlap with such algorithms/ pre-determined criteria. In such cases if you are a genuine user of the Platform please contact us for assistanc
The Company grants you a limited sub-license to access and make personal use of the Marketplace but not to download (other than page caching) or modify it or any portion of it except with express prior written consent of the Company. Such limited sublicense does not include/permit any resale or commercial use of the Marketplace or its contents; any collection and use of any product listings descriptions or prices; any derivative use of the Marketplace or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining robots or similar data gathering and extraction tools. The Marketplace or any portion of the Marketplace may not be reproduced duplicated copied sold resold visited or otherwise exploited for any commercial purpose without express prior written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark logo or other proprietary information (including images text page layout or form) of the Marketplace or of the Company and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Marketplace or any other systems or networks connected to the Marketplace or to any server computer network or to any of the services offered on or through the Marketplace by hacking ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host display upload modify publish transmit update or share any information
belongs to another person and to which you do not have any right;
is grossly harmful harassing blasphemous defamatory obscene pornographic paedophilic libelous 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;
harms minors in any way
infringes any patent trademark copyright or another proprietary/intellectual property rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code files or programs designed to interrupt destroy or limit the functionality of any computer resource;
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 offense or prevents investigation of any offense or is insulting any other nation;
is misleading or known to be false in any way.
Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.
The Company aims to ensure that prices of all products offered for sale are true and correct. However from time to time the prices of certain products may not be current or may be inaccurate on account of technical issues typographical errors or incorrect product information provided to the Company by third-party seller. In each such case notwithstanding anything to the contrary the Company reserves the right to cancel the order without any further liability.
Mart’Online is indemnified from any claim of personal loss physical damage gross negligence or willful misconduct arising out of any activity or accident affiliated with this Agreement. Member shall reimburse Mart’Online for any costs including but not limited to reasonable attorney’s fees incurred in defense against any such claim. In no event should Mart’Online be liable to Member for any damages which have occurred through no fault of their own.
You agree to defend indemnify and hold harmless Mart’Online its subsidiaries affiliates subcontractors officers directors employees consultants representatives and agents from and against any and all claims damages obligations losses liabilities costs or debt and expenses (including but not limited to attorneys’ fees and costs) arising from:
(a) Your use of and access to our Platforms in a manner except as permitted herein;
(b) Your violation of any of these Terms or any applicable law;
(c) Your violation of any third party right including without limitation any copyright property or privacy right; orThis indemnification obligation will survive the termination of Your account or use of services and the App.
The laws of India will govern these Terms and Conditions and the same shall be subject to the exclusive jurisdiction of the courts at the location at which the relevant centre is located. The Members agrees and accepts that it shall not raise any disputes in respect to the Terms and Conditions in any other courts except such courts that are located in the relevant centre is located.
Any dispute or difference whatsoever arising between the parties arising out of or in relating to the construction scope operation or effect of these Terms and Conditions including any question regarding their existence validity or termination shall be settled by negotiation in the first instance and if that fails it will be referred to and settled by arbitration in Jaipur in accordance with the Indian Arbitration and Conciliation Act 1996 and the award made in pursuance thereof shall be binding on the parties. The number of arbitrators shall be one and he / she will be approved by mutual consent. The language of the arbitration shall be in English.
THE PLATFORM MAY BE UNDER CONSTANT UPGRADES AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES THERE MAY BE DELAYS OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING AND NOT LIMITED TO ANY LIABILITY OR RESPONSIBILITY FOR DEATH INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / MERCHANTS SERVICES.
Mart’Online DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF THE FOOD SAFETY AND STANDARDS ACT 2006 AND APPLICABLE RULES AND REGULATIONS MADE THEREUNDER AND SUCH LIABILITY SHALL BE ATTRIBUTABLE TO THE MERCHANT.
THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS CONTENT SEQUENCE ACCURACY EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE ADAPT MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS BUSINESS ASSOCIATES AFFILIATES BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES AFFILIATES AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT INDIRECT INCIDENTAL SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH AND DAMAGES RESULTING FROM LOST PROFITS LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM WHETHER BASED ON WARRANTY CONTRACT TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We are either the owner of intellectual property rights or have the non-exclusive worldwide perpetual irrevocable royalty free sub-licensable (through multiple tiers) right to exercise the intellectual property in the Platform and in the material published on it.
You may print off one copy and may download extracts of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations photographs video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
Each of the provisions of these Terms and Conditions is severable and distinct from the others and if at any time one or more of such provisions is or becomes illegal invalid or unenforceable in any respect under law the legality validity or enforceability of the remaining provisions shall not be affected in any way.
Mart’Online has put in place IP Notice and Take Down Policy (“ Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site as they erode Buyer and good Seller trust.
Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner you can still help by getting in touch with the rights owner and encouraging them to contact us.
(Note: Mart’Online does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However Mart’Online is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Mart’Online.)
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
In accordance with Information Technology Act 2000 and rules made there under the name and contact details of the Grievance Officer are provided below:
SDAL Mart Pvt. Ltd.
Reg Office: Plot No, 344, Queens Road, near BP petrol Pump, D-Block, Vaishali Nagar, Jaipur, 302021 Rajasthan
Time: Mon - Sat (10:00 - 18:00)