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.
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:
1.7. 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
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.
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.
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:
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).
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
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:
(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;
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
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.
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
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:
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.
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.
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.
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.
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.
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:
14.3 On Clothing and Footwear, qualified sellers accept exchange subject to the following conditions:
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.
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.
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***).
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.
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
