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Terms and Conditions

Posted as of [25/11/2024] | Last updated as of [25/11/2024]

Welcome to VLMC MART’s Terms of Use for Application

This Application and Website is created and operated by M/s. VLMC MART, (GSTIN: 36CLPKB4189A1ZA) having its registered office address at H.No. 12-8-127, Hunteer Road, Warangal, Telangana, India, 506002 (Herein referred as VLMC MART). This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access or usage of VLMC MART (“Application/platform”) and the websites http://www.vlmcmart.com (“Websites”).

We respect you and take the information provided by you very seriously and hence the creator of this Terms of Service ensures a steady commitment with regard to the protection of your invaluable information also to support the ongoing cause that you may share across on this Platform. We ask for this information so that we can understand more about the people who support us. The creator of these Terms of Use ensures your steady commitment to the usage of your platform and the services provided by VLMC MART on the ‘Application’ and the ‘Websites’ (hereinafter referred to as the “Platform”).

For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform, as the context so requires. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be Users of this Platform provided by VLMC MART and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Application, Platform or individual apart from the Users and the creator of this platform. “Platform” refers to the Application created by the VLMC MART.

General Terms

  1. The headings of each section in these Terms of Use or Privacy Policy are only for the purpose of organizing the various provisions under these Terms of Use and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the Users. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on You using the Platform.
  2. The use of this Platform by You is solely governed by these Terms of Use, Privacy Policy that may be uploaded on the platform and any modifications or amendments made thereto by Us from time to time, at our sole discretion. If You as a User continue to access and use this Platform, You are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.
  3. You expressly agree and acknowledge that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
  4. You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between You and Us, and that You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on You and that your act of visiting any part of the Platform, constitutes the User’s full and final acceptance of these Terms of Use and the Privacy Policy.
  5. We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to You, and You expressly agree that any such amendments or modifications shall come into effect immediately. If You do not adhere to the changes, You must stop using the Platform at once. Your continued use of the Platform will signify your acceptance of the changed terms.

Registration

You are required to register yourself on the Platform in order to avail the Platform and its services. The registration and the use of the Platform are free of cost, except for those services that are paid features of the application. For the purpose of registration, you shall be required to provide the following information on the registration link available on the homepage of the platform.

  1. Name
  2. Mobile Number or Email Address
  3. Address/ Location
  4. Payment Details (Optional)
  5. Profile Picture (Optional)

The Registrations shall be deemed complete only upon your authentication and verification of your details through the mobile or email authentication.

As a responsible platform, we do not let you link your social media platform for registration purpose or otherwise.

Eligibility

  1. You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind themselves to these Terms of Use following the Law. However, if you are minor using this platform, you may do so with the consent of your legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
  2. You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
  3. You shall not use the Platform if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

Content

The User represents and warrants that they own or have the necessary rights and permissions to all content uploaded, posted, or otherwise transmitted through the Website. We shall not be responsible for any content uploaded, posted, or transmitted by Users. Users agree to indemnify and hold Us harmless from and against any and all claims, damages, liabilities, costs, and expenses arising from or related to any content uploaded, posted, or transmitted by the User.

All the Content displayed on the Platform is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platform and whilst feedback and comments by You can be made via the Platform, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. You shall not copy, adapt, and modify any content without written permission from Us.

Indemnity

You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

  1. Your use of the Platform,
  2. Your violation of these Terms of Use;
  3. Your violation of any rights of another;
  4. Your alleged improper conduct according to these Terms of use;
  5. Your conduct in connection with the Platform;

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without the consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Platform and/or the Services or materials contained therein.

Limitation of Liability

  1. The Founders/ Promoters/ Partners/ Associated people of VLMC MART are not responsible for any consequences arising out of the following events:
    1. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
    2. If you have fed incorrect information or data or for any deletion of data.
    3. If there is an undue delay or inability to communicate through email.
    4. If there is any deficiency or defect in the Services managed by Us.
    5. If there is a failure in the functioning of any other service provided by Us.
  2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Platform or any service availed of by Us through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Platform.
  3. You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Use by reference.
  4. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.
  5. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

Term

  1. These Terms of Use shall continue to form a valid and binding contract between You and Us and shall continue to be in full force and effect until You continue to access and use the Platforms.
  2. You may terminate your use of the Platform at any time.
  3. We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
  4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
  5. It is also hereby declared that We may discontinue the Services and Platforms without any prior notice.

Termination

We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Platform, or any portion thereof, at any time, without notice or cause.

Communication

By using this Platform and providing Your identity and contact information to Us through the Platform, You agree and consent to receive E-mails, SMS, WhatsApp messages and calls from Us and/or any of its representatives at any time.

You can report to support@vlmcmart.com if you find any discrepancy with regard to Platform or content-related information and We will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, You may be contacted by Us relating to any services availed by You on the Platform or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

Suspension of User Access and Activity

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit the You access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:

  1. If you are in breach any of these Terms of Use or the Privacy Policy;
  2. If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.

Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained herein shall give You a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

You shall not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this Section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

Disclaimer of Warranties and Liabilities

  1. You further agree and undertake that you are accessing the Platform at your sole risk and are using the best and prudent judgment before availing any features on the Platform or accessing/using any information displayed thereon.
  2. You agree that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
  3. It is further agreed to by You that the contents of this Section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

Force Majeure

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

Dispute Resolution and Jurisdiction

It is expressly agreed to by You hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by You that the contents of this Section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by Us, and the award passed by such sole arbitrator will be valid and binding on all parties. All costs of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Warangal, Telangana, India.

You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

Notices/Grievances

Any and all communication relating to any dispute or grievance experienced by You may be communicated to Us by emailing to support@vlmcmart.com.