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VM homeMART Terms of Use

Welcome to VM homeMART.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.vmhomemart.com website.

The domain name www.vmhomemart.com (hereinafter referred to as "Website") is owned and operated by Vidi Meth Digital Services (OPC) Private Limited a company incorporated under the Companies Act, 1956 with its corporate office at 147, Aambagan Road, Sakchi, Jamshedpur-831001, Jharkhand, India (hereinafter referred to as "VM homeMART"). Corporate Identity Number of the company is U52100JH2017OPC009718.

Your use of the VM homeMART and services and tools are governed by the following terms and conditions (hereinafter "Terms of Use") as applicable to the VM homeMART including the applicable policies which are incorporated herein by way of reference. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a member/buyer on the Website by providing Registration or when availing of our services. VM homeMART allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Vidi Meth Digital Services (OPC) Private Limited.

By mere accessing or using of the Website, users signify they have carefully read, understood, agree, without limitation or qualification to be bound by these Terms of Use. When user transact or avail any of the services provided by Us through the Website or browse through the website, (e.g. Product Reviews, Seller Reviews), in present or future, users accept and agree to be bound of these Terms of Use, rules, guidelines, policies, terms, and conditions of VM homeMART's service.

We reserve the right, to changed, edited, altered, amended, modified, add or remove portions of these Terms of Use, at any time without any prior written notice to you. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the modification will mean that You accept and agree to the revisions. As long as you comply with these Terms of Use (rules, guidelines, policies, terms, and conditions), We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. If you do not agree with these Terms of Use, Please do not use the website. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by VM homeMART Policies, inter alia Privacy Policy (available at Privacy ) of the Company, which would be amended from time to time.

Platform Services

The Website is an electronic platform in the form of an electronic marketplace and an intermediary that
  1. provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and
  2. a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and
  3. services to facilitate the engagement of buyers and sellers to under commerce on the Website, and
  4. such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

VM homeMART does not warrant that Product description or other content by VM homeMART is accurate, complete, reliable, current or error-free and assumes no liability in this regard.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by VM homeMART Rules and Policies as provided from time to time in the following hyperlinks:

1. VM homeMART Rules and Policy

2. VM homeMART Privacy Policy

Please note: various underlined words and phrases are hyperlinked to various rules and policies on the Website. By accepting this User Agreement, User also agrees that your use the website by the user agreement, privacy policy and other rules and policies posted on those websites.

About VM homeMART

VM homeMART is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the sellers and buyers. VM homeMART is not a traditional auctioneer.

While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, VM homeMART has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Membership Eligibility

The user should have completed 18 years of age and be competent to enter into a contract under Indian contract law.The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the VM homeMART system by VM homeMART for any reason whatsoever. If you are a minor i.e. under 18 years of age who is intending to avail the services of the Website should do so through his or her legal guardian in accordance with applicable law. VM homeMART reserves the right to terminate your membership and / or refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person. User Account, Password and Security You may access and use the Website, You shall be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your log-in ID (Display Name) and Password.
You agree to:

  1. immediately notify VM homeMART of any unauthorized use of Your Account Information or any other breach of security, and
  2. ensure that You exit from Your Account at the end of each session.

VM homeMART cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by VM homeMART or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

User Jurisdiction

If Website is used from outside India, it is entirely at the user's risk. The Website makes no representation that its contents and other features are available or otherwise suitable for use outside India. If the Website is used and accessed from or in locations outside India, the user shall ensure that the usage of the Website is legal and valid under applicable law of the user's location. The user agrees to undertake all liabilities, responsibilities and consequences under applicable law in connection with the use of the Website from or in any location outside India. The user accessing the Website from any location outside India agrees and consents to enter into separate or additional terms as may be required by VM homeMART at any time.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

Platform for Communication the Website is only a venue where Users may meet and interact with one another for their transactions. VM homeMART is not and cannot be a party to or control in any manner any transaction between two Users of the Website.

Consequently:

  1. 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. VM homeMART 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 VM homeMART.
  2. VM homeMART 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 Website.
  3. VM homeMART does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. VM homeMART accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  4. VM homeMART is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. VM homeMART cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website.
  5. VM homeMART shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
  6. VM homeMART does not make any representation or warranty as to the item-specifics (such as legal title, credit worthiness, identity, etc) of any of its Users. You are advised to independently verify the bonafides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
  7. VM homeMART does not at any point of time during any transaction between Buyer and Seller on the Website 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.
  8. At no time shall VM homeMART hold any right, title or interest over the products nor shall VM homeMART have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. VM homeMART 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.
  9. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. VM homeMART 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. At no time shall VM homeMART hold any any right, title or interest over the products nor shall VM homeMART have any obligations or liabilities in respect of such contract. VM homeMART 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.
  10. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
  11. Disclaimer: Pricing on any product(s) as is reflected on the Website 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).
  12. You release and indemnify VM homeMART 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 Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, VM homeMART cannot take responsibility or control the information provided by other Users which is made available on the Website. 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 Website.

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

Fee

User can use and access the Website is free of charge. VM homeMART does not charge any fee for browsing and buying the products on the Website. VM homeMART reserves the right to change its Fee Policy from time to time, changes to the Fee Policy shall be posted on the Website notifying the users in advance. VM homeMART reserves its right to charge the users for the use of the Website and provision of the services through the Website and all taxes as per applicable Indian law. All fees shall be quoted in Indian Rupees.

User Conduct and Rules on the Website

The user agrees and undertakes that the reviews, comments and other information provided or posted or uploaded on the Website are not false, incomplete, distorted, manipulated, fraudulent or misleading.

The user agrees, undertakes and confirms that when using or accessing the Website shall be strictly governed by the following binding principle;

1. User will not to host, display, upload, modify, publish, transmit, update or share any information (objectionable contents) that :

  1. belongs to another person and to which You does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
  3. harms minors in any way;
  4. is misleading in any way;
  5. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  6. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  7. harasses or advocates harassment of another person;
  8. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  9. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  10. 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 items;
  11. contain 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, cancelbots, 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;
  12. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  13. use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of VM homeMART or other third parties;
  14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  15. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  16. violates any law for the time being in force;
  17. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  18. impersonate another person;
  19. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  20. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  21. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
2. The user 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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

4. The user undertakes not to attempt to circumvent or modify any security technology or software that is part of the Website. The user also agrees not to use any device, software or routine to interfere, engage or assist any other person, to circumvent or modify any security technology or software that is part of the Website. The user should also not obscure or obstruct any features of the Website. The user undertakes not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof without a specific written permission from VM homeMART to do so.

5. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 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.

6. You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.

7. In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.

8. Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, VM homeMART reserves the right to cancel any orders that classify as 'Bulk Order' as determined by VM homeMART as per certain criteria. Any rewards or benefits provided by VM homeMART and used by You for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by VM homeMART for the purpose of identifying 'Bulk Order', including but not limited to:

  1. Products ordered for commercial resale and not for self-consumption;
  2. Multiple orders placed for same product at the same address;
  3. Bulk quantity of the same product ordered;
  4. Invalid address given in order details; or
  5. Any malpractice used to place the order.

9. You may not use the Website 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 VM homeMART and / or others.

10. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us.

11. You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that VM homeMART is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. VM homeMART is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). VM homeMART neither recommends You to buy or sell any Products on the Website nor does VM homeMART endorses any such Products and nor does VM homeMART provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, VM homeMART does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.

12. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website 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 Website, 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 Website 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 Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

13. VM homeMART shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or Services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers.

Use of Content

Any content that the user posts or material it submits, the user grants VM homeMART and its affiliates and associates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, publish, distribute and display such content throughout the world in any mode medium or manner now known or developed in future; and the right to use the name that the user submits in connection with such content, if the user chooses.

VM homeMART hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions :
  1. You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
  2. You may not modify or alter product catalogues available on the Website;
  3. You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
  4. You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.

The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. Any software that is available on the Website is the property of VM homeMART or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of VM homeMART.

Privacy

We view protection of your privacy policy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We request to you please read this Privacy Policy carefully, by accessing or using our website.
vmhomemart.com respects your privacy and is committed to protecting it. For more details, please see our Privacy Policy. If You object to Your Information being transferred or used in this way please do not use Website.

Selling

As a registered seller, you are allowed to list item(s) for sale on the Website 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 Website. 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 Website. All listed items must be kept in stock for successful fulfilment 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 Website. VM homeMART reserves the right to delete such multiple listings of the same product listed by you in various categories.

Mode of Payment

Payments for the products available on the Site may be made in the following ways:
  1. Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, Cash on Delivery and reward points.
  2. Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
  3. Cash On Delivery is a transaction where the cash payment for the product is collected from the buyer by the courier company on behalf of the seller at the time of delivering the product.

Payments Related Information

1. You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. All payments made against the purchases/services on Website by you shall be compulsorily in Indian National Rupees.

2. While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss ordamage arising directly or indirectly to You due to:
  1. Lack of authorization for any transaction/s, or
  2. Any payment issues arising out of the transaction, or
  3. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  4. Decline of transaction for any other reason/s

3. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

4. 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.

5. 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 VM homeMART 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 VM homeMART’s Website.

6. You have specifically authorized VM homeMART 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 VM homeMART is on a principal to principal basis and by accepting these Terms of Use you agree that VM homeMART is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Website that are paid for by using the Payment Facility. VM homeMART does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

7. You understand, accept and agree that the payment facility provided by VM homeMART 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 VM homeMART Website using the existing authorized banking infrastructure and Credit Card payment gateway networks.

8. Except for Cash-On-Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received. For Cash-On-Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer). 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). Refund shall be conditional and shall be with recourse available to VM homeMART in case of any misuse by Buyer. Refund shall be subject to Buyer complying with Policies.

9. For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and VM homeMART 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. VM homeMART does not control the same and shall be liable for the same.

10. 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.

11. 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.

VM homeMART Guarantee*

VM homeMART's Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. The return policy period (VM homeMART's Guarantee) depends on the product category and the seller. Please click here to know the return policy period applicable for different categories.
As you are aware, VM homeMART is an independent online marketplace where independent buyers and sellers transact with each other. VM homeMART does not manufacture, generate, own, sell, store, procure, possess, transmit, send or distribute the items/products listed by independent sellers in any manner. The VM homeMART Guarantee program is instituted to help users resolve genuine claims arising from transactions they have with other users on the site. VM homeMART Guarantee Program is just a gratuitous/goodwill service offered by VM homeMART on a best efforts basis, to help resolving claims put forth by users related to their transactions on the Website. VM homeMART Guarantee is a privilege from VM homeMART to its users and is not a right. Hence, no action or claim would lie against VM homeMART regarding provision of VM homeMART Guarantee. VM homeMART may, at its sole discretion and in the circumstances it deems fit, provide coverage to buyer and/or seller with respect to the transaction(s) where VM homeMART is of the opinion that provision of such coverage to buyer and/or seller, as the case may be, is fair and prudent.

Attention of the Users is specifically invited to the following clauses (reproduced below for ease of reference), in Press Note No. 3 (2016 Series) issued on March 29, 2016 by the Department of Industry Policy and Promotions (DIPP) under the Ministry of Commerce and Industry of the Government of India:

  1. Post sale, delivery of the goods to the customers and customer satisfaction will be responsibility of seller.
  2. In marketplace model, any warranty/guarantee of goods and service sold will be responsibility of the seller.

In of the above, users should note that VM homeMART being an online marketplace does not guarantee any items, goods or services listed on its site by independent sellers. VM homeMART does not have any control on the items, goods or services warranties offered by independent sellers. VM homeMART is not liable to provide any post sale services such as repair, replacement or refund of items or goods. However, VM homeMART Guarantee program helps users for resolving their claims arising from transactions on the site.

Non-Eligible Transactions

The following items are not eligible for protection coverage under the VM homeMART Guarantee* program:
  1. Items paid for through payment modes which are not acceptable as per payment method policy
  2. Items that have been altered, repaired, discarded or resold by You
  3. Items which are picked up or delivered in person*
  4. Intangible items, such as services or digital items
  5. Double payment or overpayment
  6. Buyer's remorse (items bought by mistake or if you change your mind)
  7. The buyer has violated or found to be violating any of the VM homeMART policies
  8. The transaction amount is already refunded to You by VM homeMART or through a chargeback being raised by You for the said transaction
  9. Buyer is not willing to co-operate with VM homeMART in resolving the concern
  10. Buyer has not paid for the item committed to buy

Non-returnable products: Kindly click here to know the Products that can't be Returned or shall not be eligible for coverage under VM homeMART Guarantee* claims.

VM homeMART Guarantee* Terms & Conditions

Under the VM homeMART Guarantee* Buyer Program, the following transactions are eligible for protection coverage:
  1. VM homeMART Guarantee* program which provides protection to buyers for valid and genuine claims for
  2. (a) Item Not Received; and
    (b) Item Significantly Not As Described.
  3. Through VM homeMART Guarantee* program, VM homeMART does not provide any guarantee / warranty to buyers for products sold on Website against technical / manufacturing defects.
  4. VM homeMART recommends / expects that buyers read through the product warranty / guarantee information provided by the seller in its listings or contact the seller before completing their purchase(s) on Website.
  5. Through VM homeMART Guarantee* program, VM homeMART will not entertain claims of buyers who have incurred loss due to delayed shipment or delivery of the item by the seller.
  6. Registering claims against sellers does not automatically entitle the buyer to a refund or replacement of product purchased. VM homeMART will verify the claim so raised and may process only such claims that are at VM homeMART's sole discretion, valid and genuine.
  7. For claims against sellers for Item Not Received or Item Significantly Not As Described, VM homeMART while verifying the validity and genuineness of such claims, may require You to provide additional information. On receipt of such additional information that substantiates the claim, and where VM homeMART is satisfied that the said claim is valid and genuine, then VM homeMART will work with the concerned seller on a best effort basis to provide the product / replacement for the product purchased to You. In the event the seller is unable to send the product / replace the product to You, VM homeMART will provide a refund to You.
  8. VM homeMART shall verify the claim raised by buyers and for the purpose of verification has the right to inform buyers to submit adequate proof as deemed necessary by VM homeMART to substantiate the claim.
  9. Claims raised by the buyers against the sellers after the timeframe for the claims under VM homeMART Guarantee* program shall not be entertained.
  10. VM homeMART Guarantee* program has a time bound and definitive process and members are expected to strictly adhere to the timelines provided to the buyers and/or sellers.
  11. Where the buyer or seller does not respond within the time lines provided, VM homeMART may close the claim at its discretion against the defaulting member.
  12. VM homeMART shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever, that may be incurred by any buyer/seller.
  13. VM homeMART shall be entitled to claim from a buyer/seller for any losses, costs, expenses that VM homeMART may have to incur due to any false/misleading claim and/or information provided by such buyer/seller.
  14. It shall be buyer’s responsibility to make sure that the item is securely packed so that the item within the parcel does not get damaged. Buyer will be held accountable for any damage to the product due to deficient packing.
  15. Claims of the nature of ‘Buyer remorse’ (i.e. instances where items are bought by the buyer by mistake or where the buyer chooses to change his/her mind with regard to the product purchased by him/her) will not be entertained through this VM homeMART Guarantee* program.
  16. Communication with buyer and seller with regard to the claim or its status will be on their email or SMS registered on website.
  17. If VM homeMART has 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, misleading or not genuine, then VM homeMART may while reserving its rights to initiate civil and/or criminal proceedings against member(s) and/or any other related member(s) or persons, may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.
  18. VM homeMART reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, VM homeMART may at its sole discretion suspend, block, restrict, cancel the Display Name of such user and/or disqualify that user and any related users from availing protection through this program. Any people who, knowingly and with intent to injure, defrauds 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.
  19. Decisions made by eBay under the VM homeMART Guarantee* program shall be final and binding on its members. No appeal shall be entertained.
  20. VM homeMART reserves the right to modify (wholly or partially) or discontinue at any time VM homeMART Guarantee* program without any prior notice to its members.

Points to remember:

  1. VM homeMART Guarantee* program will not cover Buyers for purchases made directly with the seller off VM homeMART.
  2. Buyer cannot raise Item not received claim for COD orders, since no payment has been made.

Return, Cancellation and Refund

Kindly click here to know the Return, Cancellation and Refund Policy provided on our Site.

Shipping and Delivery

Kindly click here to know the Shipping and Delivery Policy provided on our Site.

Third Party Websites

The Website may contain links to other websites and the Website are not in any way responsible for the terms of use or content of such websites and expressly disclaims all liability associated with the content and use of these websites. The linked websites are not under the control of VM homeMART and users are encouraged to read the terms of use and privacy policy of each and every linked website. If users decide to access any of the third-party websites linked to the Website, it is at the risk of the users to access and use such linked websites and VM homeMART shall not be responsible in any manner whatsoever.

Intellectual Property Rights

All content included on the Website, such as text, graphics, logos, photographs, trademark, button icons, images, sound, music, artwork, audio clips, digital downloads, data compilations, and software, is the property of VM home MART its affiliates, associates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on the Website is the exclusive property of VM homeMART, its affiliates, associates or its content suppliers and is protected by laws of India and international copyright and database right laws.

VM homeMART grants the user a limited licence 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 VM homeMART. This licence does not include any resale or commercial use of the contents of the Website; 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.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of VM homeMART or its affiliates, the vender/seller , associates or users or respective third parties. Users are not permitted to use the Marks without the prior consent of VM home MART, the associates or affiliates or contents suppliers or users or the third party that may own the Marks.

VM homeMART owns all intellectual property rights to and into the trademark " VM homeMART” and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

The users agree that they shall not use or apply for registration of any marks, or domain names which are similar to the marks or domain names used in connection with the Website or owned by VM homeMART.

You shall not copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with content or the intellectual property rights of the Website or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from VM homeMART.

Users are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the Website to illegally and unlawfully exploit the content or intellectual property rights owned by VM homeMART or content suppliers or third party as the case is.

Disclaimer of Warranties and Liability

The User expressly agree that the use of the website is at the user’ sole risk. The Website, service, content, user account and any third party content are provided by VM homeMART on an "as is" and “as available” basis without any representation or warranty of any kind, express, implied, statutory or otherwise including the implied warranties of title, non-infringement, accuracy, suitability, reliability, timelines, completeness, safety, performance, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable Indian law. Without prejudice to the forgoing paragraph, VM homeMART does not warrant that :
  1. The website or the services will be uninterrupted, timely, secure or error-free,
  2. This Website will be constantly available, or available at all;
  3. The information on this Website is complete, true, accurate or non-misleading,
  4. Any errors or defects in the website or services will be corrected.

No advice or information, whether oral or written, obtained by you from VM homeMART or through the website / content or from use of the services shall create any warranty not expressly stated in these Terms of Use

You expressly understand and agree that, to the maximum extent permitted by applicable law VM homeMART will not be liable to You in any way or in relation to the Contents of, or unauthorised use of your account or account information in connection with the Website or any services, either with or without your knowledge. VM homeMART does not warrant that this site; nor makes any representations regarding the quality, accuracy or completeness of any data, information, Contents, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

VM homeMART shall not be responsible for the delay, or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website or otherwise arising out of the use of website, whether based on contract, tort, negligence, strict liability.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website 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 Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, 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.

VM homeMART accepts no liability for any errors or omissions, with respect to any information provided to you wether on behalf of itself or third parties. You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any;

  1. warranty obligations of VM homeMART and related claims, losses, liabilities, damages, costs or expenses;
  2. product liability / consumer protection claims, and claims related to the Website's non-conformity with any applicable laws; and
  3. any third party claims of infringement of intellectual property rights by the Website.

Limitation of Liability

In no event shall VM homeMART or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or this agreement (however arising, including negligence). VM homeMART’s liability in any circumstance is limited to the amount of fees, if any, paid by you to VM homeMART. VM homeMART, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the website, will be error free and/or uninterrupted. Consequently, VM homeMART assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and/or Rules and Polices which are incorporated by way of reference in this Agreement.
  2. Any interruption or errors in the operation of the Website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VM homeMART has been advised of the possibility of such damages).

No Warranty

VM homeMART and its suppliers, affiliates and service provider provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.

Indemnity

Users agree to indemnify and hold harmless VM homeMART including affiliates, associates and their respective owners, licensee, directors, officers, agents, employees and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of

  1. violation of any applicable law, rules or regulations
  2. breach of any representations, warranties or covenants of the user
  3. breach of this Terms of Use, privacy Policy and other Policies;
  4. the rights (including infringement of intellectual property rights) of a third party.

Termination

VM homeMART reserves the right to terminate the services provided to any user without prior notice in the event of any default committed by user including but not limited to the breach of any applicable law, policies, guidelines and conditions of VM homeMART service or Terms of Use or the Privacy Policy and other Policy. On such termination, the user’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary.

VM homeMART will terminate the services provided to any user if it is required under any applicable law. Without prejudice, VM homeMART reserves its right to terminate the services if such provision of services to the users is not economically viable for VM homeMART. Users may choose to discontinue availing services and facilities provided through the Website by closing the user account with the Website. Termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account and any User Content uploaded by You; and (iii) prohibiting further use of the Services. VM homeMART may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. You agree that all terminations shall be made in VM homeMART’s sole discretion and that VM homeMART shall not be liable to You or any third party for any termination of Your Account or Your access to the Website and Services. On termination of the user account, the user is not eligible to purchase or sell products through the Website. Once the user’s account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the user shall be removed by VM homeMART.

Governing Law and Jurisdiction

The Terms of Use of this agreement shall be governed by Indian law and the courts in Jamshedpur shall only have exclusive jurisdiction to resolve any disputes.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. VM homeMART make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and VM homeMART is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This site is controlled and operated by VM homeMART and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Notice Of Infringement

VM homeMART respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to VM homeMART at grievance@vmhomemart.com

Product Description

VM homeMART we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Miscellaneous:

Notice : All notices with respect to these Terms of Use from VM homeMART will be served to You by email or by general notification on the Website. Any notice provided to VM homeMART pursuant to these Terms of Use should be sent to Grievance Officer at grievance@vmhomemart.com

Assignment : You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. VM homeMART’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by VM homeMART to any third parties without the requirement of seeking Your prior consent. VM homeMART may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. VM homeMART shall have right to transfer Your Account and Account Information to a third party who purchases VM homeMART’s business as conducted under the Website.

Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by VM homeMART is, or other third parties in fulfilment of any purchase or sale transaction (for eg: logistics service provider, fulfilment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of VM homeMART or its third parties performing such services as sub-contractor to VM homeMART and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then VM homeMART shall be excused from such performance to the extent of and during the period of such Force Majeure Event. VM homeMART shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

Grievance Officer: In case of any complaints or grievances, the user may contact the Grievance Officer as under: grievance@vmhomemart.com

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

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