Welcome to NJOY MART. NW ECOMMERCE PRIVATE LIMITED and its affiliates provide access to the NJOY MART website (the “website”) to you subject to the conditions set out on this page.

Please read these conditions carefully before using the NJOY MART website. By using the NJOY MART website, you signify your agreement to be bound by these conditions.

In addition, when you use any current or future NJOY MART service, you will also be subject to the terms, guidelines and conditions applicable to that NJOY MART Service. (“Term”). If these Conditions of Use are inconsistent with such Term, the Term will control.

These “Conditions of Use” 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.

• Conditions Relating to Your Use of NJOY MART
• Notice and Procedure for Making Claims of Infringement
• Notice and Procedure for Notifying NJOY MART of Objectionable Content

1. Conditions Relating to Your Use of NJOY MART
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1.1. Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. NJOY MART reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

1.2. Privacy

Please review our Privacy Notice, which also governs your visit to NJOY MART, to understand our practices. The personal information / data provided to us by you during the course of usage of NJOY MART will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

1.3. E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that NJOY MART is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on NJOY MART.

1.4. Access to NJOY MART

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

1.5. License for website access

Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, NW ECOMMERCE PRIVATE LIMITED grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NW ECOMMERCE PRIVATE LIMITED and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of NW ECOMMERCE PRIVATE LIMITED and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NJOY MART and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing NW ECOMMERCE PRIVATE LIMITED or its affiliates’ names or trademarks without the express written consent of NW ECOMMERCE PRIVATE LIMITED and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by NW ECOMMERCE PRIVATE LIMITED and / or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of NJOY MART as long as the link does not portray NW ECOMMERCE PRIVATE LIMITED , NJOY MART, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NJOY MART logo or other proprietary graphic or trademark as part of the link without express written consent of NW ECOMMERCE PRIVATE LIMITED and / or its affiliates, as may be applicable.

1.6. Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not NJOY MART, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

1. For fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
2. To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam.
3. To cause annoyance, inconvenience or needless anxiety.
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1.7. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. NJOY MART reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of NJOY MART violates these Conditions of use and, or terminate your permission to access or use this website.

If you do post content or submit material, and unless we indicate otherwise, you

1. (a) grant NW ECOMMERCE PRIVATE LIMITED and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
2. (b) NW ECOMMERCE PRIVATE LIMITED and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to NW ECOMMERCE PRIVATE LIMITED, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to NJOY MART: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable NJOY MART policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify NW ECOMMERCE PRIVATE LIMITED and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

1.8. Claims against Objectionable Content

Because NJOY MART lists millions of products for sale offered by sellers on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, NJOY MART operates on a “notice and takedown” basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” Objectionable Content “), please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. Once this procedure has been followed, NJOY MART will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.

1.9. Copyright, authors’ rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NW ECOMMERCE PRIVATE LIMITED, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of NW ECOMMERCE PRIVATE LIMITED and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of NW ECOMMERCE PRIVATE LIMITED, its affiliates or its software suppliers and is protected by India and international copyright and author’ rights laws.

You may not systematically extract/ or re-utilize parts of the contents of the website without NW ECOMMERCE PRIVATE LIMITED and / or its affiliate’s (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without NW ECOMMERCE PRIVATE LIMITED and / or its affiliate’s (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without NW ECOMMERCE PRIVATE LIMITED and / or its affiliate’s (as may be applicable) express written consent.

1.10. Intellectual Property Claims

NW ECOMMERCE PRIVATE LIMITED and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

1.11. Trademarks

NJOYMART.IN, NJOY MART, THE NJOY MART LOGO, and other marks indicated on our website are trademarks or registered trademarks of NW ECOMMERCE PRIVATE LIMITED. or its subsidiaries (collectively “NJOY MART”), in India and/or other jurisdictions. NJOY MART’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of NJOY MART. NJOY MART’s trademarks and trade dress may not be used in connection with any product or service that is not NJOY MART’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits NJOY MART. All other trademarks not owned by NJOY MART that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NJOY MART.

1.12. Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with NJOY MART nor shall NJOY MART have any obligations or liabilities in respect of any transactions on the website.

1.13. Indemnity and Release

You shall indemnify and hold harmless NW ECOMMERCE PRIVATE LIMITED, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release NW ECOMMERCE PRIVATE LIMITED and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

1.14. Children

Use of NJOY MART is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use NJOY MART only with the involvement of a parent or guardian.

1.15. Other Businesses

Parties other than NW ECOMMERCE PRIVATE LIMITED and its affiliates may operate stores, provide services, or sell product lines on NJOY MART. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. NW ECOMMERCE PRIVATE LIMITED does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

1.16. Communications

When you visit NJOY MART, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.

1.17. Losses

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 you commenced using the website.

1.18. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

1.19. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

1.20. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

1.21. Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Ahmedabad.

1.22. Our Details

This website is operated by NW ECOMMERCE PRIVATE LIMITED.

For the NJOY MART website, you could contact us by visiting: www.njoymart.com

1.23. NJOY MART Software Terms

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with NJOY MART Services (the “NJOY MART Software”).

1.24. Sanctions and Export Policy

Notice and Procedure for Making Claims of Right Infringements

If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to NJOY MART the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify NJOY MART for all claims brought by a third party against NJOY MART arising out of or in connection with the submission of a Notice Form.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on NJOY MART and are posted solely at the direction of Third Party Sellers who may be contacted via their “Seller Information” page, accessible from any of their listings.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to NJOY MART may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

Notice Form:

If you believe that your rights are being violated by an item or information on the NJOY MART site, you may fill out and submit the Notice Form. This signed form can be sent via E-mail PDF or Fax to the Grievance Officer:

Subject Line: Claim of Infringement

(We will accept a signed PDF via e-mail with the subject line “Claim of Infringement”, unless by prior agreement we have agreed with you for an alternative receipt mechanism).

Please fill out the Notice form using the corresponding numbered paragraphs to frame your communication.

Notice Form

Re: www.njoymart.com

I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE] , state as follows:

2.1. Contact information

:(a) Your and/ or your company’s name, address, telephone number and contact email address; (b)The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).

2.2. Listing Details and Allegation of Infringed Right:

(a) The listing’s URL and detailed description of the information that you claim is infringing your rights is located on NJOY MART Platform; if regarding a Third Party User listing please also provide the name used to identify the User on the Platform. (b) A description of your intellectual property right(s) that you claim has/have been infringed. Please provide the copy of Trademark Certificate / Copyright Registration Certificate / Patent Registration Certificate. [Please also provide as to how you have arrived in determining that third party Intellectual Property Rights have been infringed]

2.3. Include the following statement: “I have a good faith belief that the portion of the listing(s) described above violate(s) the

intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law.”

2.4. Include the following statement: “I represent that the information in this notification is true and correct and that I am the

Intellectual property owner or authorized to act on behalf of the intellectual property owner for the rights described above.”

2.5. Sign the Notice Form.

1. NJOY MART Software Terms
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3.1. Use of the NJOY MART Software

You may use NJOY MART Software solely for purposes of enabling you to use and enjoy the NJOY MART Services as provided by NJOY MART, and as permitted by the Conditions of Use, these NJOY MART Software Terms and any Terms. You may not incorporate any portion of the NJOY MART Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the NJOY MART Software or otherwise assign any rights to the NJOY MART Software in whole or in part. You may not use the NJOY MART Software for any illegal purpose. We may cease providing any NJOY MART Software and we may terminate your right to use any NJOY MART Software at any time. Your rights to use the NJOY MART Software will automatically terminate without notice from us if you fail to comply with any of these NJOY MART Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain NJOY MART Software that are specifically identified in related documentation may apply to that NJOY MART Software (or software incorporated with the NJOY MART Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any NJOY MART Service is the property of NJOY MART and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

3.2. Use of Third Party Services

When you use the NJOY MART Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider, payment gateways etc. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3.3. No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the NJOY MART Software, whether in whole or in part, or create any derivative works from or of the NJOY MART Software.

3.4. Updates

In order to keep the NJOY MART Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

1. Conditions of Sale (between Sellers and the Customer)

Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the NJOYMART.IN (the website). These conditions signify your agreement to be bound by these conditions.

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

Henceforward:

• All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. NJOY MART does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by NJOY MART.
• Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
• NJOY MART does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. NJOY MART does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. NJOY MART accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
• NJOY MART is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. NJOY MART cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. NJOY MART shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
• NJOY MART does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Platform and use your best judgment in that behalf.
• NJOY MART does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
• At no time shall NJOY MART hold any right, title or interest over the products nor shall NJOY MART have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. NJOY MART is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
• The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. NJOY MART is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. NJOY MART, currently, does not facilitate business to business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if you intend to avail the benefits of input tax credit. At no time shall NJOY MART hold any right, title or interest over the products nor shall NJOY MART have any obligations or liabilities in respect of such contract. NJOY MART is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
• You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

• You release and indemnify NJOY MART and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, NJOY MART cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

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

• Charges

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

5.Use of the Platform

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

• You shall not host, display, upload, modify, publish, transmit, update or share any information which:

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

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any way;

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

(e) Harasses or advocates harassment of another person;

(f) Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

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

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

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

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

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

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

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

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

(o) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms of Use, NJOY MART’s prior written consent means a communication coming from NJOY MART’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

(p) Solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;

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

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

(s) Harm minors in any way;

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

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

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

(w) Impersonate another person;

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

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

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

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

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

• You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
• You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms NJOY MART, NJOYMART.COM, or otherwise engage in any conduct or action that might tarnish the image or reputation, of NJOY MART or sellers on platform or otherwise tarnish or dilute any NJOY MART’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or NJOY MART’s systems or networks, or any systems or networks connected to NJOY MART.
• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of NJOY MART and / or others.
• You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2023 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
• Solely to enable us to use the information You supply us with, so that we are not violating any rights You might have in Your Information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
• From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
• You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
• We reserve the right, but have no obligation, to monitor the materials posted on the Platform. NJOY MART shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect NJOY MART views. In no event shall NJOY MART assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
• It is possible that other user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
• NJOY MART shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
• If you choose to browse or transact on the Platform using the voice command-based shopping
  feature, you acknowledge that NJOY MART and/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve NJOY MART’s and/or its affiliates’ products and services. NJOY MART’s and/or its affiliates’ use of your voice data will be in accordance with the NJOY MART Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. NJOY MART reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.
• You acknowledge and agree that Hindi/Local Language translation feature is made available on the Website on a reasonable effort basis for convenience only, without any representation or warranties by NJOY MART, express or implied, including it being error free, its accuracy, completeness or reliability. NJOY MART expressly disclaims any liability of any nature whatsoever arising from or related to the said Hindi/Local Language translation feature. Some features and sections on the Website may not be translated in Hindi/Local Language, and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Website, the English version on the Website shall prevail. This feature may not be accessible on certain devices. NJOY MART reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you.
•  

1. Contents Posted on Platform

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

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

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

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

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

Privacy

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2023), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2023 and Rules there under our current Privacy Policy. If You object to Your Information being transferred or used in this way please do not use Platform.

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

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

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

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

1. Disclaimer of Warranties and Liability
2.  

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

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

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

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

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

You will be required to enter a valid phone number while placing an order on the Platform. By registering your phone number with us, you consent to be contacted by us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

1. Selling
2.  

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

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

Services

1. Payment
2.  

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

• Lack of authorization for any transaction/s, or
• Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s

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

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

1. Further
2.  

Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render NJOY MART liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on NJOY MART’s Platform.

• You have specifically authorized NJOY MART or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with NJOY MART is on a principal to principal basis and by accepting these Terms of Use you agree that NJOY MART is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on NJOY MART’s Platform that are paid for by using the Payment Facility. NJOY MART does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
• You understand, accept and agree that the payment facility provided by NJOY MART is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the NJOY MART Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, NJOY MART is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
•  

1. Payment Facility for Buyers:
2. • You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and you shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
   • You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent notation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
   • You, as a Buyer, shall electronically notify Payment Facility using the appropriate NJOY MART Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.
   • You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make you ineligible for a refund.
   • You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
   • Except for Cash on Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
   • For Cash on Delivery transactions, refunds, if any, will be made via electronic payment transfers.
   • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
   • For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
   • Refunds may be supported for select banks. Where a bank is not supported for processing refunds, you will be required to share alternate bank account details with us for processing the refund.
   • Refund shall be conditional and shall be with recourse available to NJOY MART in case of any misuse by Buyer.
   • We may also request you for additional documents for verification.
   • Refund shall be subject to Buyer complying with Policies.
   • NJOY MART reserves the right to impose limits on the number of Transactions or Transaction Price which NJOY MART may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
   • NJOY MART reserves the right to impose limits on the number of Transactions or Transaction Price which NJOY MART may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
   • NJOY MART reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with NJOY MART or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
   • NJOY MART may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash on Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of NJOY MART. As a result of such check if NJOY MART is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, NJOY MART shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment may be disabled for certain account users, at the sole discretion of NJOY MART.
   • NJOY MART may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if NJOY MART deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, NJOY MART may hold Transaction Price and NJOY MART may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

11.20 The Buyer and Seller acknowledge that NJOY MART will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of NJOY MART.

1. Compliance with Laws:

12.2 Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2023 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and NJOY MART Platform.

1. Buyer’s arrangement with Issuing Bank:
2.  

13.1 All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

13.2 All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

1. NJOY MART’s Replacement Guarantee*
2.  

NJOY MART’s Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. The return policy period (NJOY MART’s Replacement Guarantee) depends on the product category and the seller. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions:

14.1 Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.

14.2 Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

Following products shall not be eligible for return or replacement:

1. Damages due to misuse of product;
2. Incidental damage due to malfunctioning of product;
3. Any consumable item which has been used/installed;
4. Products with tampered or missing serial/UPC numbers;
5. Digital products/services
6. Any damage/defect which are not covered under the manufacturer’s warranty
7. Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
8. Jewellery which is ‘made to order’ on customer’s request

14.3 On Clothing and Footwear, qualified sellers accept exchange subject to the following conditions:

1. Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.
2. Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.

14.4 Returns are not applicable for ‘Made to order’ jewellery, Innerwear, lingerie, socks, clothing freebies, etc.

14.5 Damaged or defective or ‘Not as described’ products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the Replacement Warranty.

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

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

1. Exchange Offers:
2.  

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

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

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

15.4 You confirm that all the data in the said device will be erased before handing it over under buyback program. You also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, NJOYMART.IN, Seller or the Manufacturer shall not be responsible for the same and you will not approach NJOYMART .IN for any retrieval of the data.

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

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

15.7 You understand once a device is sent by you to NJOY MART, in no scenario can this device be returned back to you.

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

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

1. Profanity Policy
2.  

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

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

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

1. Report offensive Display Names
2. Report offensive language in a listing or otherwise

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

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

16.6 NJOY MART will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.

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

1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.

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