Terms Of Use

TERMS OF USE

These “Terms of Use” describe the terms & conditions applicable to your use and access of the website www.jharmart.in and its platforms on mobile application.

 The domain name “www.jharmart.in”  including the related mobile site and application is owned and operated by Jharmart Private Limited, a company incorporated under the Companies Act, 2013 (18 of 2013), with its registered office at Shanti Nagar, Near High School  Pachamba, Giridih, Jharkhand – 815316, India.

This document is a legally binding agreement between you as the user(s) of the Platform (referred to as “you”, “your”, “User” or”seller/buyer” hereinafter) and the JharMart Private Limited entity (referred to as “we”, “our”, “us” or “Jharmart” hereinafter).

When you use any services provided by us through the platform you will be subject to the rules, guidelines, policies & terms and conditions applicable to such services and they shall be deemed incorporated into the Terms of Use (hereinafter referred to as “ToU”) and considered a part and package of the ToU.

We reserve the right, at our sole discretion, to change, modify, add, or remove section of the ToU at any time. We will notify you through any of the communication channel in case of any changes or updates to the ToU that significantly impact your use of the Platform.  Your continued use of the Platform following the changes or updates will mean that you accept and agree to the changes. As long as you abide by with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.

ACCESSING, BROWSING & USING THE PLATFORM INDICATE THAT YOU ARE AGREEING WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By unspoken or expressly accepting the ToU, you also accept and agree to be bound by all of Jharmart’s policies applicable to you, as revised, from time to time.

1. User Generally

You must register as a User on the Platform in order to access and use of Services. Further, Jharmart reserves the right, without prior notice, to restrict access to or use of any Services & features subject to other conditions that Jharmart may impose in its discretion.

            a. A minor i.e. under the age of 18 years, shall not register as a seller/buyer on the Platform. Jharmart reserves the right to terminate your registration and refuse you access to the Platform if it is brought to Jharmart’s notice or discovered that you are a minor. If you have registered as a business entity, it represent that you are duly authorized by the business entity to accept the ToU.

            b. You agree that you will not download, reproduce, copy, sell, or resell, re-publish, distribute any information or services, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on the Platform, and you will not use any Platform Content for the purposes of operating a business that competes with Jharmart.

            c. Jharmart platform may allow Users access to products or services offered by 3rd parties through hyperlinks, API or otherwise to such third parties’ websites. You are cautioned to read such third parties TOU and privacy policies before using the Platform. You acknowledge that Jharmart has no control over such third parties’ web sites and shall not be responsible or liable to anyone for such web sites.

            d. User shall not display, update, host, modify, upload, transmit, publish or share any information which:

                        i. Belongs to another person, to which user does not have any right and is misleading in any way.

                        ii. Violates any law for the time being in force.

                        iii. Harm minors in any kinds.

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

                        v. Promotes illegal activities or conduct that is abusive, threatening, obscene,  libelous and shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

                        vi. 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 and Contains video, photographs, or images of another person .

                        vii. Contains prohibited or password-only access pages, or hidden pages or images.

                        viii. Provides informative information about illegal activities such as violating someone’s privacy, making or buying illegal weapons, or providing or creating computer viruses.

                        ix. Engages in commercial activities and/or sales without earlier written consent such as contests, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this ToU.

                        x. Refers to any website that, in sole discretion, contains material that is unsuitable for the Platform or any other website, contains content that would be banned or violates the letter or spirit of these ToU.

                        xi. Violation any patent, copyright, trademark or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be illegal or involve the sale of fake or stolen products.

                        xii. Mimic another person.

                        xiii. Shall not create liability for Jharmart or cause Jharmart to lose the services of our internet service provider or other suppliers

                        xiv. You don’t use any page-scrape, link, robot or other automatic device,  or any similar manual process, to access copy or monitor any portion of the Platform.

                        xv. You shall not attempt to get unauthorized access to any portion or article of the Platform, or any other systems connected to the Platform or to any server, network, or to any of the services offered on or through the Platform, by hacking, password or any other unconstitutional means.

2. User’s Responsibilities

            a. You represent, warrant and agree that

                        (i) You are at least eighteen (18) years old or above and are fully able and competent to understand and agree to the ToU.

                        (ii) You have full power and authority to accept the ToU.

                        (iii) You use the Platform and Services for business purposes only.

                        (iv) Your business validly exists and incorporated as per the provisions of applicable laws.

                        (v) The address you provide when registering your account on the Platform is the principal place of business of your business entity.

            b. User will be required to provide information or material about User’s entity, business as part of the registration process on the Platform.

                        (i) Such information and material whether submitted during the registration process is true, accurate, current and complete.

                        (ii) User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

            c. You represents, warrants and agrees that

                        (i) You shall be entirely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, display.

                        (ii) any User Content that User submit, post does not violate any of the copyright, patent, trademark or any other personal or proprietary rights of any third party.

                        (iii) User have the right and authority to sell, trade, distribute or offer to sell or export the products or services described in the User Content and such sale, trade, distribution or export does not violate any Third Party Rights.

3. Fees and Charges Payable by User

Registration on the Jharmart Platform is free. Jharmart does not charge any fee for browsing/registering on the Platform.

            (i) However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU.

            (ii) Jharmart reserves the right to change its fee policy from time to time. In particular, Jharmart 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, Jharmart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services.

            (iii) You hereby agree that Jharmart shall have the right to set off any amounts due and payable by you to Jharmart against any payments due from Jharmart to You.

4. GST /Taxes

 User is responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. User agrees to bear any and all applicable taxes, charges, cesses levied thereon (including SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).

5. Communications

By using any mode of communication to our platform, you agree and understand that you are communicating with us through electronic records and you agree to receive communications via electronic records from us. We may communicate with you if required by any mode of communication.

6. Product Description

Jharmart does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

            a. However Seller is responsible for providing genuine & accurate descriptions of product if found any false/fake data with actual product than we have right to take any step. Seller is fully responsible for goods that supplying to buyer.

            b. Buyer should read carefully product description before ordering of product.

7. Audits

Jharmart shall have the right to inspect and audit seller’s records and premises of business through itself or through Jharmart approved third party testing agencies.

8. Breach

            a. If you breach the ToU or other rules and policies, Jharmart shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:

                        i). Deleting or Suspending the User’s account

                        ii). Downgrading Restricting,, suspending or terminating the subscription of access.

                        iii). Removing any product listings or other User Content that the User has submitted or displayed.

            b. Jharmart have the right to cooperate fully with governmental authorities, private investigators .or injured third parties in the investigation of any suspected criminal offence.

9. Platform for Transaction and Communication

The www.jharmart.in is a platform that users utilize to independently and interact with one another for their transactions. Jharmart cannot be a party to any transaction or dispute between users on the Platform.

Consequently:

            a. These terms are offered by seller and agreed upon between seller and buyers. The contractual terms include price, shipping costs, payment methods, period, mode of delivery, warranties and after-sales services related to products, Jharmart does not determine advice, have no any control, or in any way not involve itself in the offering or acceptance of such commercial terms between seller and buyers.

            b. Jharmart does not make any representations or warranties regarding specifics such as quality, value, and salebility of the products. Jharmart does not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. Jharmart accepts no liability for any errors or omissions of third parties in relation to the products.

            c. Jharmart is not responsible for any non-performance or breach of any contract between sellers and buyers. Jharmart shall not and is not required to mediate or resolve disputes or disagreements between seller and buyers.

            d. Jharmart is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.

            e. The www.jharmart.in is only a platform that can be used by seller/buyer to reach a large number of customers to sell/buy items. Jharmart only provides a platform for communication and it is agreed that the contract for sale & buy of any products shall be a strictly bipartite contract between seller and the buyer.

  10. Intellectual Property Rights

“Jharmart” Slogan and any other related icons and logos are registered trademarks of Jharmart Private Limited, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, use or publication of these marks is strictly prohibited.

11. Notices

All legal notices or demands to or upon Jharmart shall be made in writing and sent to Jharmart personally, by courier, certified mail, or facsimile to the following entity and address: Jharmart Private Limited, Shanti Nagar, Near High School Pachamba, Giridih, Jharkhand -815316. The notices shall be effective when they are received by Jharmart in any of the above-mentioned manner.

12. Trademark complaint

Jharmart respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Jharmart at contact@jharmart.in

13. Limitation of Liability

IN NO EVENT SHALL JHARMART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF JHARMART HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

14. Applicable Law

The ToU shall be governed, clarify, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Ranchi, Jharkhand, India.

15. Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in only India. Jharmart makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India.

16. Contact Us

Please send any comments or questions, including all enquiries, on the Website to contact@jharmart.in.