Terms & Conditions

WELCOME TO EZMART AND THANK YOU FOR REGISTERING WITH US! IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT BECAUSE, BY ACCESSING THIS WEBSITE, BY PLACING AN ORDER WITH US BY TELEPHONE OR WHATSAPP, YOU ARE AGREEING TO THE TERMS AND CONDITIONS THAT GOVERN THE USE OF THE SITE AND THE TERMS UPON WHICH WE AGREE TO DELIVER TO YOU.

1. Acceptance of Terms

1.1.  These Terms of Use sets forth legally binding terms for your use of our platforms & services. By using the platforms, You agree to be bound by these Terms of Use, whether You are a “Visitor” (which means that you simply browse our Platforms) or you are a “Subscriber” (which means you have registered with EZMart as a user). If You do not accept these terms, You should leave the Website & discontinue the use of the service immediately.

1.2.  We may modify these Terms of Use from time to time, and such modification shall be effective upon its posting on our Platforms. You agree to be bound by any modification to these terms when You use the Platforms after any such modification is posted; it is, therefore, important that You review these Terms regularly.

2. General Registration Requirements

2.1. In consideration of your use of our Platforms, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You also agree to:

(a) provide true, accurate, current and complete information about yourself while registering on our Platforms to avail the Services.

(b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.

 

2.2. 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, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Platforms (or any portion thereof) at any time.

2.3. There is limited content available on our Platforms. All of such content is provided to you “AS IS” for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of EZMart. EZMart reserves all rights not expressly granted in and to the Website/App and the Content.

2.4. You may access our Platforms as available for Your information and personal use.

2.5. You will be required to give us a valid phone number while registering on our Platforms as a subscriber. By registering your phone number with us, you consent to be contacted by us via phone calls, SMS notifications or instant messages, in case of any subscription/service updates. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. In addition, if at any time You wish not to receive any future communications or You wish to have Your name deleted from our mailing lists, please contact us as indicated below. If You are registered with the DND National registry, You may not receive any promotional messages from Us.

3. Services and Payment

3.1. EZMart is a hyperlocal e-commerce shopping and delivery service platform that fulfils all your home essential needs (grocery, fruits & vegetables, sweets, meat & fish, and medicine) within 2 hours at your doorsteps. All your needs will be hand-picked by our professionally trained & experienced “EZMart Personal Shoppers”.

 

3.2. When you use the EZMart service platform you will be charged the base shopper convenience & packaging fee of Rs20.We are a 2-hours delivery service platform, We also provide different services according to that convenience fee may vary. EZMart is operational from Monday to Sunday at 8 Am-8 Pm.

4. Prohibited Conduct

4.1. You agree not to use the Platforms inappropriately, or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual

  • harasses or advocates harassment of another person

  • exploits people in a sexual or violent manner

  • contains nudity, violence, pornography, sexually explicit material or offensive subject matter

  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own

  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous

  • violates any intellectual property or another proprietary right of any third party, including Content that 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, or providing pirated music or links to pirated music files

  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spamming,” or “spamming”

  • includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights

  • denigrates, ridicules, or demeans another person; or contains a virus or other harmful component.

4.2. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Platforms.

5. Termination or Suspension of Account or Services

You agree that EZMart may at any time and for any reason, terminate your access to our Platforms, or restrict or suspend your access to all or any part of the Website or the Whatsapp at any time, for any or no reason, with or without prior notice, and without liability. We may also terminate the rendering of any service without prior notice or liability.

6. Preservation/Disclosure

You acknowledge, consent and agree that EZMart may access, preserve and disclose Your 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:

6.1.  Comply with the legal process nationally or internationally.

6.2. Enforce these Terms.

6.3. Respond to your requests for service or complete your order.

6.4. protect the rights, property or personal safety of EZMart, its subscribers and the public, or pursuant to the terms of the Privacy Policy.

7. Security Components

You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by EZMart and/or content providers who provide content to EZMart. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.

8. Proprietary Rights

All materials on our Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by EZMart. You acknowledge and agree that all content on our Platforms is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platforms, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without EZMart’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platforms or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

 

9. General Terms and Conditions

9.1. You agree and accept that the use of the Services provided by EZMart is at Your sole risk and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.

9.2. You shall ensure that You will not indulge in any of the following activities while using the service asking the service provider to break any Police and/or government rules for any purpose (especially getting the service faster). The service provider has the right to refuse such a request by You.

9.3. You agree and acknowledge that the use of the Services offered by EZMart is at Your sole risk and that EZMart disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.

9.4. Without prejudice to the above, EZMart makes no representation or warranty that the Services will meet the customer’s requirements. In all circumstances, EZMart’s liability is limited to the service fee paid by You for the transaction in question.

 

9.5. EZMart will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

9.6 EZMart shall be entitled at any time without giving any reason to terminate the request for services from You.

 

9.7. If You have any complaint in respect of the Services, You must inform EZMart of the same in writing within 24 hours of using the Services of EZMart.

 

9.8. EZMart shall not be liable for any conduct or behaviour or actions of third-party service providers. However, EZMart encourages you to notify it of any complaints that you may have against the service provider that you may have hired using EZMart’s services.

 

9.9. If a personal shopper is not able to fulfil your order, you will be notified as soon as is reasonably possible.

 

9.10. Under no circumstances can we run any on-demand order which is immoral or unlawful in nature. EZMart reserves the right to refuse to perform any on-demand order on the grounds of such order being immoral/unlawful/banned. EZMart may also refuse to perform any on-demand order on the grounds that such orders are prohibited under any contract to which we are a party.

 

9.11. To help your service provider to serve you better, please provide as much information as possible regarding the order & the service quality. 

 

9.12. In the event your order requires the purchase or sale of any product or service, such a product or service is provided to you from a third-party merchant. Any grievance with such a product or service should be raised with such a merchant. You understand and acknowledge that except for the Services, EZMart by itself does not sell or provide any such product or service. EZMart is not responsible for the quality, merchantability or fitness of such products or services.

10. Compliance with Applicable Law

10.1. You agree that You shall not use any EZMart Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation, EZMart Content:

(a) In violation of any applicable law or regulation,

(b) In a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,

(c) That belongs to another person and to which the user does not have any right to,

(d) That is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,

(e) Harm minors in any way,

(f) Deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,

(g) Impersonate another person or entity,

(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of EZMart’s computer systems or site or EZMart’s users, customer’s computer systems or site,

(i) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

 

11. Intellectual Property Rights

11.1.  The Services provided by EZMart are premised on proprietary developed & made available exclusively by EZMart. EZMart is the sole owner of the Website and all software created to provide You with the Services. EZMart provides You to use and access the Website on Your mobile telephone devices for the limited purpose of using the Services.All content on the Website, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of EZMart. You may not copy, reproduce or use such Content without due attribution of ownership to EZMart. All icons and logos are trademarks of and proprietary to EZMart. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

11.2 All Content is the exclusive copyright of EZMart or its licensors, except the Third Party Content and link to the third party website. Systematic retrieval of EZMart Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from EZMart is prohibited. In addition, use of the Content for any purpose not expressly permitted by EZMart in these Terms is prohibited and may invite legal action.

 

12. Acceptance of Terms

12.1. These Terms shall remain in full force and effect for so long as it is posted on any of our Platforms. You may terminate your use of the services at any time.

12.2. EZMart reserves the right to terminate Your account or Your access to the Platforms immediately, with or without notice to You, and without liability to You, if EZMart believes that You have breached any of these Terms, furnished EZMart with false or misleading information or interfered with the use of the Platform by others.

13. Cancellations and Refunds

13.1. At the time of delivery you can check all the products or items you have ordered for, if you get the wrong product or any product is missing then shopper will instant take actions that include a refund or replacement.

13.2. Once you place an order with us till “Shopping is not completed” you can customize or cancel the order anytime. When your “Shopping has been made” you can not cancel the order. In that case, we can restrict you with our service without any prior notice or shall take legal action against you. 

13.3. Whilst we surely hope not, but We may need to cancel Your order in any of the circumstances below:

(a) in the event of the designated address following outside the delivery zone offered by us;

(b) if in our discretion the order involves the supply of goods/services that may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.

(c) Inability to proceed/complete the order due to lack of information, direction or authorization from You;

(d) inability to complete the order due to reasons beyond our control.

13.4. Refunds may be provided only when the order contains any one of the following circumstances:

(a) Your order packaging has been tampered or damaged at the time of delivery;

(b) Us cancelling Your order due to the area of a delivery being outside the jurisdiction of the services offered by us or by third-party vendors;

(c) You cancelling the order at the time of confirmation due to the unavailability of the items you ordered.

13.5. Our decision on refunds shall be at our sole discretion and shall be final and binding. All refund shall be processed and credited to your account in accordance with the terms that may be stipulated by the partner payment merchant and/or associated bank.

 

14. Exclusions and Limitations

Those who access or use our Platforms from other jurisdiction do so at their own volition and are responsible for compliance with the local law.

15. Indemnity

You agree to defend, indemnify and hold harmless EZMart, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:

(a) Your use of and access to our Platforms in a manner except as permitted herein;

(b) Your violation of any of these Terms or any applicable law;

(c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

This indemnification obligation will survive the termination of Your account or use of services.

16. Additional Terms

We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Platforms. These additional terms are part of these Terms, and You agree to comply with them when You participate in those promotions or otherwise engage in activities governed by such additional terms.

17. Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Platforms (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Platforms. You may discontinue using the services at any time. The deletion of your account will be effective once all outstanding credits to your account have been cleared. Please note, upon deletion of your account we may still retain some information and record of transactions as required by any law, contract or policy applicable to Us.

18. Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You but may be assigned by EZMart without restriction.

19. Integration Clause

These Terms together with the Privacy Policy and any other legal notices published by EZMart on its Platforms shall constitute the entire agreement between you and EZMart concerning its Platforms and governs your use of our Platforms and Service, superseding any prior agreements between You and EZMart with respect to our Platforms and Service.

20. Waiver and Severability of Terms

The failure of EZMart to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

21. Governing Law and Venue

These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts.

22. Grievance Officer

In case of any grievance arising from the use of the Website or the App, please write to the Grievance Officer at hello@ezmart.co.in.

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