SholoMart (Shop Local) is a company that provides an online marketplace (“Platform”) via a website, android and ios app(s) where registered vendors (“Vendors”) can offer to sell their products to registered users of the Platform (“Customers”). The apps and the website at www.sholomart.in (“Website”) (collectively, the “Platform”) are operated by SholoMart India Private Limited (including its directors, promoters, employees, subsidiaries and affiliates, collectively, the “Company”). The Company’s role is limited to the managing Platform and associated marketing, payment collections, order management, enquiry management and other incidental services to enable the transactions between the Vendors and the Customer (“Business”/”Services”).
Users can review the most current version of the Terms and Policies at any time on the website. The Company reserves the right to unilaterally update, change or replace any part of these Terms by posting updates or changes to the Platform. It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes. As long as the User complies with these Terms, the Company grants the User a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.
IF THE USER DOES NOT AGREE WITH THESE TERMS, THE USER IS ADVISED TO REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
User(s) represent and warrant that they have the right to access or use the Platform. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to access and use the Platform.
The Platform can be accessed and used only by individuals who can form legally binding contracts under the “Indian Contract Act, 1872″. Only individuals who are eighteen (18) years of age or older may use the Platform and avail Services. The Platform is meant only for individuals to buy Goods/Services for their personal consumption. No user can place orders for reselling the products. The Company reserves the right to terminate the Users account and/or deny access to the Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein.
ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION
The Company does not permit Users to place orders on the Platform without registration on the Platform. Users may access the Platform by registering to create an account and become a member. The membership is limited for the purpose of buying or selling products, is subject to these Terms, and is strictly not transferable.
The Users agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
The Users are required to enter a valid phone number while registering on the Company’s Platforms. By registering their phone numbers with the Company, the Users consent to be contacted by the Company via phone calls, SMS notifications or instant messages, in case of verifications and in case of Order/Subscription/Service/Promotional Updates.
Upon registration, the Users may be required to complete a verification process as part of setting up their accounts. Once set up, the Users are responsible for maintaining the confidentiality of their account information, and are fully responsible for all activities that occur through their accounts. Should there be instances of any unauthorized use of their accounts or any other breach of security, the Users are required to notify the Company to stop processing requests from their accounts, until further instructions.
It is the responsibility of the Users to provide a correct mobile number so that the Company can communicate with the Users via SMS/Call/WhatsApp. The Users understand and agree that if the Company sends an SMS/WhatsApp Message but the Users do not receive it because the Users’ mobile number is incorrect or out of date or blocked by the Users’ service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.
The Company reserves the right to suspend or terminate the account or access to the Platform including blocking any amounts due to the User and associated account –
(i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
(ii) if, in the Company’s assessment, (a.) the User has placed order deliberately to create a nuisance within the company; (b.) spread spam/hatred on the Platform or any of the Company’s Social media accounts; (c.) provided negative rating/feedback on the third-party services without even placing an order, just for the sole purpose of defaming the Company; (d.) engaged in actions that are fraudulent, negligent or derogatory to the Company’s interests.
On registration, the Users will receive a password-protected account and an identification. The Users agree to:
(i) maintain the confidentiality of their password;
(ii) take full responsibility for all activities by Users accessing the Platform through their account;
(iii) immediately notify the Company of any unauthorised use of their account or any other breach of security that they become aware of; and
(iv) ensure that they exit from their account at the end of each session.
The Users are solely responsible for all activities that occur under their account and that all purchases made by them are intended for sale or consumption in the course of their business activities.
Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Company. However, any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner.
AMENDMENT TO THE TERMS
The Company reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Platform. If the Users do not agree with such provisions, the Users must stop using the Platform with immediate effect. The Users’ continued use of the Platform will be deemed to signify their acceptance of the amended provisions of these Terms and/ or the Agreement.
ORDERS AND FINANCIAL TERMS
The Platform allows Users to place orders for the products sold by various Vendors and the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products to the Users. The Company does not own, sell, resell products on its own and/or does not control the Vendors. The Company reserves the right to delist any product from the Platform.
The Users understand that any order that they place shall be subject to the terms and conditions set out in these Terms, and any terms and conditions imposed by the Vendors concerned.
On receipt of an order from a User, the Company shall send electronically a confirmation of such order to the Vendor and the User concerned. Further, the Company may inform the Users about the availability or unavailability or change in the price of the order as informed by the Vendor concerned. Confirmation of the order shall be treated as final.
All commercial/contractual terms are offered by and agreed to between Vendors and the Users alone. The commercial/contractual terms include without limitation, price, delivery costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products, etc. The Company 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 Vendors and the Users. All discounts and offers are by the Vendors and not by the Company.
The Users acknowledge and agree that the Company may, at the request of the Vendor, act as the payment agent for the limited purpose of accepting payments from them on behalf of the Vendor. Upon payment of the amounts to the Company, which are due to the Vendor, the payment obligation to the Vendor for such amounts is completed, and the Company will be responsible for remitting such amounts, to the seller. The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the Platform. Further, by providing a payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to the payment of the total amount.
The Users agree to provide current, complete and accurate purchase and account information for all purchases made on the Platform. The Company agrees to promptly update the Users account and other information, including email addresses and credit card numbers and expiration dates, so that the Company can complete the transactions.
In connection with any order, information such as name, billing address and credit card information will have to be provided either to the Company or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policies before using the Platform.
The Company merely collects the payment on behalf of the Vendor. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the documents are being charged and determined by the Vendor. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Vendor.
The transaction is bilateral between the Vendors and the Users and, the Company is not liable to charge or deposit any taxes applicable on such transaction. The Vendors are bound by, including without limitation, the following laws:
- Metrology Act and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules);
- Drugs and Cosmetics Act, 1940 (D&C Act) and Drugs and Cosmetics Rules, 1945 (D&C Rules);
- Food Safety and Standard Act, 2006, Food Safety and Standard (Packaging and labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).
As per the above-mentioned acts and regulations and any other relevant law in place during the tenure of this association, the Company understands that there is an obligation on the Vendor to ensure that the package in which the products are sold complies with labelling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of the Vendor to comply with applicable laws and the Company shall not be held responsible in any manner. Vendors shall indemnify the Company and the Platform for any harm or loss in relation to contravention of the above regulations.
USE OF THE APPLICATION
(a) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;
(b) 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;
(c) harasses or advocates harassment of another person;
(d) 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;
(e) 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;
(f) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to the profiles, blogs, communities, account information, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(g) interferes with another User’s use and enjoyment of the Platform or any third party users enjoyment of similar services;
(h) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms;
(i) violates any law for the time being in force;
(j) impersonates another person;
(k) contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information; and
(l) directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, (l) 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.
By using the Platform the Users represent and warrant that:
(a) All registration information submitted by the Users is truthful, lawful and accurate;
(b) The Users use of the Platform shall be solely for their use and they shall not authorize others to use the account;
(c) The Users will not submit, post, upload, distribute, or otherwise make available or transmit any information that: (i) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
(e) The Users will not use the Platform in any way that is unlawful, or harms the Company or any other person or entity;
(f) The Users will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform;
(g) The Users will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
(h) The Users will not delete or modify any content of the Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos;
(i) The Users will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest;
(j) The Users shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts, any part of the Platform or any equipment or any network on which the Platform is stored or any equipment of any third party;
(k) The Users will always be in compliance with applicable laws;
(l) The Users release and fully indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that the Users may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts on its behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the Platform.
(m) The Users shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform by any means. The Users shall not probe, scan or test the vulnerability of the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.
(o) The Users shall at all times ensure full compliance with the applicable provisions, as amended from time to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Platform and listing, purchase, solicitation of offers to purchase, and sale of products or Services. The Users shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, the Vendors shall be responsible for providing information relating to the products proposed to be sold by them. In this connection, the Vendors undertake that all such information shall be accurate in all respects. The Vendors shall not exaggerate or overemphasise the attributes of such products so as to mislead other Users in any manner.
The Company reserves the right but has no obligation, to monitor the materials posted on the Platform. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit of these Terms. In no event shall the Company assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of content and/or appearance of content on the Platform.
The Company shall have all the rights to take necessary action and claim damages that may occur due to the Users involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.
The Users understand that their content may be transferred, unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Users understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. The Users shall bear the costs incurred to access and use the Platform and avail the Services, and the Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Platform, either provided by the Users or the Vendors. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Users agree that the Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users or Vendors. Any reliance on the material on the Platform is at the Users’ own risk.
The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of the Platform at any time but has no obligation to update any information on the Platform. The Users agree that it is their responsibility to monitor changes to the Platform.
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, delivery charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice.
The Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Platform should be taken to indicate that all information on the Platform or pertaining to the Services have been modified or updated.
DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY
The Company endeavours to make the Platform available during the Company’s working hours. However, the Company does not represent that access to the Platform will be uninterrupted, timely, error-free, free of viruses or other harmful components or that such defects will be corrected.
The Company does not warrant that the Platform will be compatible with all hardware and software which is used by the Users. The Company shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of downloading and installing the Platform.
The Company does not represent or warrant that the information available on the Platform will be correct, accurate or otherwise reliable. The Vendors take sole responsibility for the correctness of the details pertaining to specifics (such as quality, value, saleability, etc) of the products proposed to be sold or offered to be sold or purchased on the Platform. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warranty/guarantee of the products sold to the Users, and in no event shall such products be the responsibility of the Company.
The Company is not responsible for any non-performance or breach of any contract entered into between the Vendors and the Users. The Company cannot and does not guarantee that the concerned Vendors will perform any transaction concluded on the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Users concerned.
The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users.
The Company via its Delivery Executives will pick up the order from Vendor’s premises after an order is placed by a User and deliver it to the User for orders up to ₹5000. For orders above ₹5000, the Vendor is liable to send their authorised representative along with the company’s delivery executive to deliver the User’s order at the User’s premises. The vendor is responsible to deliver the product in the quality and specifications it was mentioned in the product listing. The buyer has the right to check the order quality and quantity at the time of delivery and accept/refuse based on their satisfaction. The Company may not entertain any claim related to the quality/quantity of the order post-delivery, it is the User’s liability to check the order thoroughly at the time of delivery. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract entered into between the Users. The Company is not responsible for damages or delays as a result of products that are out of stock, unavailable or back-ordered.
The Company only provides a platform for communication and it is agreed that the contract for the sale of any of the products shall be a strictly bipartite contract between the Vendors and the Users concerned.
The Company shall not be liable for any misuse of the information shared by the Users with it; or through the Users profile; or with a third party on the Platform, chat rooms, forums, or comments.
The Platform may be under constant upgrades, and some functions and features may not be fully operational. The Platform is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to the Users.
The Company makes no representation or warranty that: (i) the Platform will be accurate or reliable; (ii) the Platform will be uninterrupted, timely, secure, or error-free; (iii) any information that may be obtained from the use of the Platform will be accurate, timely or complete; or (iv) any errors in any software used on the site or in connection with the Platform will be corrected.
The Company does not represent any of the Users or Vendors and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such Vendors or Users displayed on the site. Any information provided with respect to the Users and fees payable is subject to change without notice. Any trademark, wordmark or intellectual property of any Users or Vendors belongs to such Users/Vendors alone, and the Company has no right or claim over the same.
Users acknowledge and agree that the Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Vendor selling or supplying merchandise on the Platform has the right to sell the products. The Company encourages Users to assist it in identifying listings on the Platform, which, according to the Users’ knowledge or belief infringe their rights or third party rights.
The Users further acknowledge and agree that by taking down a product listing, the Company does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which the Company declines to take down a listing, the Company does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
The Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in the Company’s reasonable belief is unlawful or could subject the Company to liability or is in violation of these Terms or is otherwise found inappropriate in the Company’s opinion. The Company reserves the right to cooperate with any investigation in this regard.
The Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event the Company takes any of the actions mentioned in this clause.
The Company is not responsible and will have no liability for (i) any content or products provided by any persons or entities other than the Company; (ii) damages of any kind that result from the downloading of any data or any other materials on the site or through the Platform; or (iii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the Platform.
The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Platform, or for any other claim related in any way to the use of the Platform, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Platform or any content posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.
The Company or its employees, affiliates, authors or agents shall not be liable to any party for any losses or injury arising out of or relating to the information provided on the Platform. In no event will the Company or its employees, affiliates, authors or agents be liable to the Users or any third party for any decision made or action taken by the Users. Interalia, the Company does not guarantee that:
(a) The Platform will meet the Users’ expectations; or
(b) The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
(c) The results obtained through use of the Platform will be correct and reliable; or
(d) The quality of the products, services, information, or other material purchased or obtained by the User through the Platform will meet the User’s expectations.
The Users shall be solely responsible for damages to their data system or for loss of data arising from the download of content from the Platform. No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any warranty unless stated otherwise.
Vendors are permitted to list products for sale on the Platform in accordance with the Terms and Policies which are incorporated by way of reference in this Terms of Service. The Vendors represent and warrant that they are legally able to sell or list the products on the Platform; and 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. The Vendors and the Users agree that the Company is not responsible for
The information collected by the Company through the Platform includes the User’s mobile number, bank details and KYC (additionally for Vendors) for the limited purpose of fulfilling transactions on the Platform. Compilation of user accounts and user accounts bearing contact numbers and e-mail addresses are owned by the Company.
The Users agree that information about their use of the Platform through their mobile telecommunication device may be communicated to the Company, and the Company may obtain information from the Users’ mobile carrier or mobile device. In addition, the use of the Platform through a mobile telecommunication device may cause data to be displayed on and through the Users’ mobile devices. By accessing the Platform using a mobile telecommunication device, the Users represent that to the extent they import any of their data to their mobile telecommunication device they have authority to share the transferred data with their mobile carrier or other access providers.
The Users agree to promptly update their account information in the event of change or deactivation of their mobile account to ensure that the messages intended for them are not sent to another person. Failure to do so is the sole responsibility of the Users. The Users acknowledge that they are responsible for all charges and necessary permissions related to accessing the Platform through their mobile access provider. The Company urges the Users to check with their providers to find out if the Platform is available on their mobile devices.
The Users acknowledge, consent and agree that the Company may access, preserve and disclose their account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process nationally or internationally;
(b) enforce these Terms;
(c) respond to the Users’ requests for service or complete the Users’ tasks;
Certain content or products available via the Platform may include materials from third parties. Third-party links on the Platform may direct the Users to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
The Company may provide you with access to third-party tools over which Company neither monitors nor has any control nor input. The Users acknowledge and agree that access to such tools is on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by the Users of the optional tools offered through the Platform is entirely at their own risk and discretion and it is the responsibility of the Users that they ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
The Company may also, in the future, offer new features through the Platform (including, the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
The Users understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company or other parties that facilitate the same. The Users agree that they will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.
The Company is either the owner of intellectual property rights or has the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the intellectual property, on the Platform, and on the material published on it in cases where it may be so construed. The Users acknowledge that the copyright in the information shared with the Company by the Vendors or other content providers may vest in such persons and not in the Company unless otherwise stated.
“SholoMart” and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
All Content including Information (defined below) is copyrighted to the Company excluding any third-party content including without limitation, content shared by Vendors and any links to any third-party websites being made available or contained on the Platform. Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
The Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
The Users must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from the Company. All rights, not otherwise claimed under these Terms by the Company are hereby reserved.
Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from the Platform or any offer displayed on the Platform (“Information”) is intended, solely to provide general information for the personal use of the Users, who fully accept any and all responsibility and liabilities arising from and out of the use of such information.
The Company does not represent, warrant or endorse in any manner the accuracy or reliability of such information, or the quality of any products and/or services obtained by the Users as a result of any such Information.
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in these Terms shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Users.
In no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the User(s) use of such products.
The Company urges the users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from sholomart.in & sholo.in domains.
The Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond the Company’s control. Hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.
The Users shall indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, vendors, interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or in connection with:
(a) the User’s breach of these Terms;
(b) any claims made by any third party due to, or arising out of, or in connection with User’s use of Platform;
(c) the User’s violation of any rights of another, including intellectual property rights; and
(d) the User’s violation of any applicable laws.
Notwithstanding anything to the contrary in these Terms, in no event shall the Company and its affiliates, if any, be liable to the User or anyone claiming through the User in respect of any subject matter of these Terms under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of the Platform.
In the event any provision of these Terms, Policies or the is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms are effective unless and until terminated by either the Company or the Users. The Users may terminate these Terms of Service at any time by notifying the Company that they no longer wish to use the Platform or the Services, or when they cease using the Platform.
If in the Company’s sole judgment the Users fail, or it is suspected or discovered that the Users have failed to comply with any term or provision of these Terms, the Company may also terminate their access to the Platform, or cease the provision of the services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the Platform or the services (or any part thereof).
These Terms, Policies, Privacy Policies and any policies or operating rules posted by the Company on the Platform constitute the entire agreement and understanding between the Users and the Company with respect to the Platform, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Users and the Company (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the Company.
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of India. Any action, suit, or other legal proceedings, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Dhar, Madhya Pradesh, India.
Policies related to returns/exchanges, penalties, refunds, the cancellation will be updated in the Platform from time to time. The Company holds the right to change these policies as required in the Platform without any permission from the Users.
All notices or demands to or upon the Company shall in writing and shall be deemed to be duly made when sent to Attn: SholoMart India Private Limited, 11/22/99 Rajendra Marg, Dhar, Madhya Pradesh, India – 454001.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Platform or by posting such notice or demand on an area of the Platform that is publicly accessible.
Notice to a User(s) shall be deemed to be received by such User(s) if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.
Headings for any section of these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
The Company shall have the right to assign its obligations and duties in these Terms to any person or entity.
All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure the quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company may be monitored and recorded.