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Thank you for visiting the www.micromart.com. By accessing or using www.micromart.com website or the mobile application or any other media ("Website"), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you ("User”) agree to be bound by these Terms and Conditions ("Terms”) and any additional terms and conditions of third party sellers ("Sellers”).The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.  We operates as a marketplace and is not directly involved in the transactions between the Users and the Sellers. As a result, We has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Users to pay for the Products. Micromart does not pre-screen content or information provided by users and cannot ensure that a User or Seller will actually complete a transaction. Consequently, We cannot and does not transfer legal ownership of items from the Seller to the Users.



1.Eligibility to use

Use of the Website is available only to such persons who can legally under Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.


2.Account, Password, and Security

Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website. If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook or your email account or by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website's registration process.

If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.

If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Micromart be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against Micromart in this regard. Users of the Website may be required to provide certain person information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy.


3.Terms

1.The Agreement will continue to apply until terminated by either You or Micromart as set forth below. If You want to terminate Your agreement with Us, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where We made this option available to You.
 
2.In addition to Clause 12.2 above, we may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms)with You if: We required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies; The provision of the Services to You by Micromart is, in Our opinion, no longer commercially viable; We has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or In the event .We faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
 
3.We may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, 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 (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
 
4.You agree that all terminations shall be made in Micromart's sole discretion and that We shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
 
5.Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Micromart chooses to terminate them. We may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. We may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.
 
4.Payments
 
Prices for Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, Products and services are offered by the respective Seller and may change in accordance with the brand guidelines or other terms and conditions applicable to each Seller. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website. The Website does not charge any registration/membership or browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time. In the event, the Website alters its services, it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Website shall be in Indian Rupees. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.
 
Micromart.com may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and Sellers. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and the Sellers.  All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between the Seller of the Products and the User purchasing the same and payment facility provided by the Website is merely used by the User and Seller of the Product to facilitate the completion of the purchase made by the User.

 

Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products on the Website. Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Website shall not utilize or share with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Website disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution. The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products. The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).

5.Return, Replacement and Refund
 
All Products ordered from the Website and successfully delivered to the User by the respective Seller may be returned to the Seller in accordance with the terms contained in the respective Seller policy. However no Products will be accepted by the Seller if (a) the Products have been damaged by the User (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if as per the Seller the product returned is not the Product that was delivered (d) any other circumstances that the Website and/or the Seller may notify or deem appropriate from time to time. In case of return initiated and subsequently couriered by the User himself/herself, and if it is found that the claimed shipment was not delivered to Micromart.com or the shipment was empty, the onus shall be on the User to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish his/her claim of return. However, non-receipt of Product by the Seller or Micromart may lead to no refund/exchange being issued to the User. The User waives any claims against Micromart in this regard. In case of Size Exchange, the differential amount, if any, shall be forfeited. This will apply irrespective of any increase or decrease in the price of the product being exchanged.