4marts is a marketplace where users from all over India connect to buy and sell goods. It is owned by 4marts pvt ltd co. a company incorporated under Companies Act, 1956 with a registered office at Uttarakhand India.By using the App in any manner, including but not limited to visiting or browsing the App, you (User) agree to be bound by this Agreement, including those additional terms and conditions, rules, policies, guidelines referenced herein and/or available by hyperlink.
This Agreement applies to all users of the App, including without limitation, users who are vendors, retailers, customers, merchants, contributors of content, information and other materials or services on the App. This Agreement has to be read in conjunction, and not in derogation, with any other document/agreement singed/accepted by the Users. Any inconsistency between the terms of this Agreement and the terms of the other document(s)/agreement(s), will be decided and settled by 4marts.
About 4marts Platform:
4marts acts as a platforms to all the Users, who comply with company policies to offer, sell and buy goods within a fixed-price format. The App/site is only a venue through which the Users can reach a larger base to buy and sell items. Company is not directly involved in the transaction between buyers and retailers. All the information and products listed on the App are provided in the ‘as is, where is’ format. As a result, company has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of retailers to sell items or the ability of buyers to pay for items. Company cannot ensure that a buyer or retailer will actually complete a transaction. Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items, offered by the retailers are only for a restricted time and only for the available supply as offered by retailers/company.
Consequently, Company does not transfer legal ownership of items from the retailer to the buyer. Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered on the App. In particular, Company does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the App. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Company cannot guarantee the true identity, age, and nationality of a user. Company does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, true identity, age, nationality etc.) of any of its Users. Buyers are advised to independently verify the bona fides of any particular User that you choose to deal with on the App and use your best judgment on that behalf.
Buyer agrees 4marts App is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by Retailers, other users, or outside parties in Company. User shall use the Company service at their own risk.
Company may amend this User Agreement and Rules and Policies at any time by posting a revised version on the App, and the Users hereby irrevocably agree to be bound by such amendments made by Company from time to time.
Account & Registration:
All shoppers have to register and login for placing orders on the Site/application. You have to keep your account and registration details and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either unsubsribing or by contacting the customer service.
Do not use the Site/application for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.Interfering with any other person’s use or enjoyment of the Site.Gaining unauthorized access to other computer systems.Breaching any applicable laws.Interfering or disrupting networks or web sites connected to the Site.Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
We have made every effort to display the colours/visibility of products that appear on the Website as accurately as possible. However, as the actual visibility/colours you see will depend on your system/display, we cannot guarantee that your system/ display of any colour will be accurate.
By using this Site/App or any services provided on the Site/Application, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law and Company and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Amendments of Terms & Conditions:
We(4marts Private limited company) may amend this User Agreement and Rules and Policies at any time by posting a revised version on the App, and the Users hereby irrevocably agree to be bound by such amendments made by Company from time to time.Company may at any time modify the Terms & Conditions of Use of the Website/application without any prior notification to you. You can access the latest modification of these Terms & Conditions at any given time on the Site/application. You should regularly review the Terms & Conditions on the Site/application.If the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site/application.
Law and Jurisdiction:
This User Agreement shall be construed in accordance with the applicable laws of India.
You agree to defend, indemnify and hold harmless to company ,its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to 4marts pvt limited company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site/application, Such termination will be without any liability to company. Upon any termination of the User Agreement by either you or company, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Companys right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website/application or affect any liability that may have arisen under the User Agreement.
Propretary rights including Copyright & Trademark:
All domains ,URLs sub domains ,account name, user name and other functional or identifying element of the app are the property of Company .Company reserve all rights to change ,alter reformat or edit such element as appropriate for the course of business or need of the community. Accounts that are activated but remain empty with no items or information may be returned to the inactive pool reassigned to other members. Reselling of username or sub domains ,squatting and speculating of such elements or on such pages is strictly prohibited and may result in termination of all related accounts. `
All material on the App owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials or use of the materials in any manner and for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights in such material, and is prohibited.
Notwithstanding the foregoing, it is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the App for public viewing and reproduction/use of your content by third party users, you accept the User License Agreement whereby you grant a non-exclusive license for the use of the same.
Company does not guarantee continuous, uninterrupted access to the App/site, and operation of the App/site may be interfered with by numerous factors outside company control.
Company and its suppliers, affiliates and service provider provide the App and services without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the App at your own risk only.
Fees/Costs/and Other Expenses:
You are solely responsible for any and all costs you incur as a result of your usage of the Services.
Third Party contents:
In order to deliver the Services to you, 4marts co.invokes a number of third-party applications which were not developed by company i.e. browser, email and SMS programs, dialer, calendar, and other applications. The Services send information that you speak to these applications but do not perform these functions. company cannot take responsibility for any functionality, content, suitability, privacy, support or other attribute of those applications or the content they may request from or deliver to you. Your use of those applications, including when you access them via the Services, is governed by any license agreements you may have entered into with their respective vendors.
We cannot guarantee that web searches or other queries you submit via the Services to other applications will not result in displaying content or links to content that you may find objectionable, offensive, or otherwise inappropriate. Such content is not within our control.
Occasionally, at our discretion, we may include or offer third party products or services through our website and other services. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked site.
Company encourage registered buyers and retailers on the App to provide feedback to each other after the transaction has closed; this helps all Users to know what it is like to deal with the said buyer/retailer.Company will not be responsible for the feedback that buyer post on the App and buyer should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
As a Suppliers/retailers, if you continue to receive negative feedback ratings or fail to deliver your order repeatedly, Company reserves the right to suspend your membership, and you will be unable to list or buy on the App.
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.You understand the delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
Your order will be delivered only 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. Delivery in the event of change of the delivery location shall be at our sole discretion.
You shall undertake to provide adequate directions, information, and authorizations 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 your order has been delivered to you.
Also if situation arises which is out of company control , in that case , delivery may get time and in this eventuality nobody has a right to claim against company .
All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
Refunds and return policy:
We have ” return and refund policy” which entitles all our customer and members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and issue a credit note for the value of the return products .
Referral and rewards Policy:
A user may earn Reward Credits/Referral points by participating in various campaigns offered at 4marts. The amount of Reward Credits/Referral points that may be earned and other conditions for earning Reward Credits shall be subject to the applicable campaign rules provided by 4marts. To the extent permitted by law, Company may change/amend the rules at any time, and may terminate the entire Reward Credits system/referral awards without any refund or other compensation for existing Reward Credits.Referral points or Reward Credit mean credits that can be used solely to purchase eligible products on 4marts in accordance with these terms.
A user will not be able to exchange Referral points/ Reward Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the service that is specified by 4marts with some amount fixed by company from time to time . A user will not be able to transfer Referral points or Reward Credits to any other user or person.
If a user terminates their account, or their membership lapses for any reason, all of the Referral points or Reward Credits owned by the user will immediately be deemed invalid and cannot be subsequently redeemed. All Referral points or Reward Credits have an expiry period from the date on which they were earned. They need to be utilized before the expiry date.Giving Referral points and Reward points are solely the descreation of the company . company may modify ,amend and cancel the policy without notifications and no user/suppliers has right to challenge against the policy.
You as a customer can cancel your order anytime up to the cut-off time for which you have placed an order. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website/application, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.The order would be cancelled and funds would be remitted to the buyer(if already made) in the following conditions.Failure to accept the order within 48 hours.The retailer needs to enter the dispatch days that he would take to ship out a product while creating his listing on the App. Failure to dispatch the order within the maximum dispatch date mentioned in the product listing.Unsuccessful attempts to pick up the order from the retailer by Delivery boy/courier companies tied up with company.Cancellation of order by the buyer.
Lastly, 4marts co pvt ltd only provides platform for selling /purchasing items throughtout India. If at any times if there are any resemblance in any matter/facts/Pictures , term and conditions etc ,it is just a matter of coincident. Company will not owe any responsibility .