- Jabalpur Super Mart is a mobile device-based application providing services akin to an online grocery
and general store providing several products for day to day use at the doorstep of the purchaser.
Jabalpur Super Mart offers an array of
farm fresh produce, groceries and allied products at the most affordable price range. On top of that, a
selected range of fresh products shall be delivered at the customer's doorstep in less than 24 hours of
placing an order. Jabalpur
Super Mart also allows customers to schedule delivery timing as per their convenience. Jabalpur Super
Mart's easy cancellation order policy coupled with flexible online and offline payment options have been
offered taking into consideration
the customer's needs and requirements. Jabalpur Super Mart is currently providing services in Jabalpur
city and is dedicated to diligently serve its customers. Jabalpur Super Mart's mobile application
enables customers to browse through
products and place orders with ease and comfort.
- Personal Information & Ownership of the Mobile Application
Sanjul Singhai is the Owner of the brand "Jabalpur Super Mart" and the Mobile Application
"Jabalpur Super Mart". Jabalpur Super Mart is a mobile device-based application providing services akin
to an online grocery and general
store providing several products for day to day use at the doorstep of the purchaser.
- Electronic Contract
It is stated the said terms and conditions constitute an electronic contract in pursuance to the
Information Technology Act, 2000 and the Rules made thereunder, as amended from time to time. The said
electronic contract need not
be signed physically or electronically by any contracting party for the same to be enforced as per law.
- Terms & Conditions - Acceptance & Modifications
It is hereby agreed that all the clauses in the said Terms & Conditions are read and accepted in
its entirety. That the said terms shall be applicable to Jabalpur Super Mart and all other platforms
including social media accounts
operated and owned by Jabalpur Super Mart, in relation to the goods and services offered by Jabalpur
Super Mart. Jabalpur Super Mart reserves its right to modify the Terms and Conditions of Jabalpur Super
Mart without any intimation to
the users. In case the user/ purchaser disagrees with any clause in the Terms & Conditions, as modified
from time to time, it is advisable that the user/purchaser discontinue the use of Jabalpur Super Mart
from immediate effect. In view
of the above, in case of continuation of use of Jabalpur Super Mart by the user/ purchaser would
constitute to be deemed acceptance of the above-mentioned modified Terms & Conditions and the same would
be binding on the user/ purchaser.
Please note that the Modified Terms & Conditions, as and when applicable, would be displayed on
Jabalpur Super Mart's page and that the date of modification of the same would also be visible on
Jabalpur Super Mart page.
- Disclaimer of Privacy Policy
It is hereby agreed that the user/ purchaser has perused and agreed to all the conditions
enumerated in the Privacy Policy of Jabalpur Super Mart and that the user/purchaser agrees to review the
said terms from time to time for
latest updates and modifications. It is stated that the user/ purchaser is responsible for providing all
information as required for creation of account and login (for placing orders) on Jabalpur Super Mart
and that the said information
shall be true and authentic. It is stated Jabalpur Super Mart shall have the right to verify the
provided information prior giving effect to the user's/ purchaser's orders. It is stated that during the
said process, Jabalpur Super Mart
is likely to collect data useful for user identification including name, email address, contact details,
location, age, gender, information about user's/purchaser's activity on Jabalpur Super Mart, etc.
Further, in case after giving effect
to the user's/ purchaser's order, it is discovered that the said information is falsified or ingenuine,
the order may be rescinded at any given time with no explanation or justification thereof. It is stated
that the user has to create
an account on the App of Jabalpur Super Mart and all the orders shall take effect after due process
thereafter. On completion of due process of registration, the user may receive promotional and
transactional communications on the details
provided by them, at the time of such registration, the particulars of which, may be updated by the
user/ purchaser at any given point of time. In case the user intends to cease the use of services
offered by Jabalpur Super Mart, the user/
purchaser may unsubscribe from their respective account or delete their account permanently. It is
stated that the Jabalpur Super Mart is likely to use navigation tools or alike tools to ascertain the
user's/ purchaser's current location,
in order to provide optimum services and the said information shall be used for the limited purpose to
optimise services offered by Jabalpur Super Mart and none else. It is stated that installing Jabalpur
Super Mart on the user's/ purchaser's
device, shall implicate that the user agrees to give access to device related.
- Limitations
It is hereby stated that the Jabalpur Super Mart is at liberty to select geographical locations
where the services of Jabalpur Super Mart would be made available. It is further stated that any person
who is incompetent to enter
into a contract including minors, undischarged insolvent, etc, would not be eligible to enter in a
contract with Jabalpur Super Mart in pursuance to the provisions of the Indian Contract Act, 1872 and
that such person would not be eligible
to use the services offered on Jabalpur Super Mart. It is stated that minors intending to use Jabalpur
Super Mart, would be able to do so, under the supervision of a legal guardian/parent, who shall be
deemed to have read and agreed to
the Terms & Conditions of Jabalpur Super Mart, on behalf of the minor. It is stated that the minor
would, in no case, be permitted to buy products for adult consumption.
- Disclaimer of Endorsement/ Sponsorship/Recommendations
It is stated that Jabalpur Super Mart does, in no manner, endorse or advertise any product or
brand, either directly or indirectly. It is further stated that indication of any product or brand
through search engine or any other
hypertext link displayed on Jabalpur Super Mart does, in no manner, signify Jabalpur Super Mart's
recommendation for any particular product or brand.
- License & Mobile Application Access
It is stated that access to Jabalpur Super Mart has been granted to users/ purchasers only for
personal use and no data shall be downloaded, modified or transmitted in any manner whatsoever, unless
an express written permission
in regard to the same has been granted by the Jabalpur Super Mart. It is further stated that the said
grant of access is prohibited for any commercial purpose and that the same would be granted only subject
to express written permission
of the Jabalpur Super Mart. It may be noted that any form of unauthorised use in the form of meta
tagging, extraction, data mining or any other derivative use of the data available on Jabalpur Super
Mart shall be strictly prohibited, irrespective
of the fact whether the same was intended to harm Jabalpur Super Mart or not. It is further stated that
the above-mentioned conditions shall also apply to the software used in services offered through
Jabalpur Super Mart and use of the
same for any purpose other than personal use, would be in violation of the terms of the said agreement.
- Pricing & Payment
It is stated that the price payable by the user/ purchaser would be the price applicable on the
date of the placement of the order (subject to clearance of payment) and that the said price, shall, in
no case, be higher than the
Maximum Retail Price (MRP). It is clarified that the prices of products with variable rates including
perishable products, shall be subject to change and the same shall not be disputed by the
user/purchaser, once the order has been placed.
It is further stated that Jabalpur Super Mart may restrict the maximum quantity of any particular
category of product allowed to be purchased in a single order. It is stated that subsequent to
finalising of the products intended to be
bought, the user/ purchaser shall proceed to payment. The user/ purchaser shall be given an option to
opt for cash on delivery or online payment. In case of online payment, it is only post receipt of
payment by Jabalpur Super Mart, that
the transaction shall proceed to the step of delivery of products. It is further stated the Jabalpur
Super Mart assumes no responsibility of any representations made between the user/ purchaser and the
outsourced third-party payment gateway
system and that the user/ purchaser is advised to carefully peruse the terms thereof prior to
commencement of the transaction. It is post successful placement of order (in case of cash on delivery)
or successful payment (in case of online
payment) by the user/ purchaser, that Jabalpur Super Mart would be liable to ship the product, subject
to availability of the same at a given point of time. It shall be noted that any cashback offers on the
Jabalpur Super Mart app availed,
the amount shall be credited to the Jabalpur Super Mart App's wallet, which could be utilised by the
customer/user for future purchase on the Jabalpur Super Mart App only. Extra charges for carry
beg/packaging may apply.
- Delivery of Products
It is stated that in a situation wherein delay in delivering the order to purchaser has taken
place on account of purchaser's fault including non-availability at the time of delivery,
unresponsiveness on communication mediums listed
on the purchaser's account information, etc, then Jabalpur Super Mart, would, in no manner, be held
liable for such delay, monetary or otherwise. It is stated that Jabalpur Super Mart assumes no
responsibility in case of delay caused due
to circumstances beyond the control of the Jabalpur Super Mart including force majeure. It is stated
that in case of orders wherein cash on delivery has been opted, the purchasers have an option to pay
through debit/credit card, subject
to proper functioning of the card machine at the time of delivery. In case of a nonfunctioning card
machine, the purchaser is bound to make payment through the selected cash mode. It is stated that the
products shall be dispatched along
with an invoice, the copy of which shall be also sent on the registered email address of the purchaser.
It is stated that Jabalpur Super Mart shall make best possible efforts to deliver the products at the
earliest instance (usually within
1 working day) and the estimated date of dispatch and delivery shall be intimated to the purchaser on
regular basis, however, such estimation need not be relied upon as an accurate indication by any
user/purchaser and that any deviation
in the said time shall not be considered as a default or deficiency on the part of Jabalpur Super Mart.
Grocery products like sugar, spices, dry fruits, grains, cereals, pulses, flour etc could be packed and
sold with
Jabalpur Super
Mart's own brand name and packaging. It is stated that offers available on Jabalpur Super Mart
will cease to be operation once the stock of the concerned good is over. Offer could be availed on first
come first serve
basis.
- Cancellation of Orders
It is stated that the user/ purchaser is allowed to cancel or modify their order any time
before delivery of order or within 24 hours of delivery of the order. In case of successful cancellation
order in an online payment mode,
the value of cancelled order shall be credited to the user/ purchaser's mobile wallet maintained with
Jabalpur Super Mart and no credit shall be made in the bank account of the user/ purchaser. It is stated
that Jabalpur Super Mart can
at any time, prior to the delivery of the product, cancel the order and that such cancellation, shall
not lead to any default or deficiency on the part of Jabalpur Super Mart and that Jabalpur Super Mart
shall not be bound to give any
explanation or justification for such cancellation.
- Returns & Refunds
It is stated that the user/purchaser is at liberty to return any product within 24 hours of
delivery of the product and that the value of the returned product shall be credited to the user/
purchaser's account maintained with
the Jabalpur Super Mart and no credit shall be made in the bank account of the user/ purchaser. It is
stated that the process of return shall commence only if the product has not been altered or modified,
the product is in an unharmed
condition and the user/purchaser has the copy of invoice at the time of return. However, any product of
perishable nature including fruits, vegetables, dairy products, etc shall be eligible for any return
only at the time of delivery,
owing to the nature of the product. It is customer's responsibility to ensure whether the deliverables
are in fresh condition. In case they do not meet the customer's expectation, should be returned at the
doorstep itself at the time of
delivery.
- Warranties by Mobile Application owner
It is stated that Jabalpur Super Mart shall not assume responsibility of accuracy as to
specifications of the product and any discrepancies in the same shall not be attributable to Jabalpur
Super Mart. It is stated that Jabalpur
Super Mart assumes ownership rights (free from any encumbrances) in the products offered for sale
through Jabalpur Super Mart App. It is stated Jabalpur Super Mart assumes no responsibility for any loss
or harm caused to any user/ purchaser
as a result of use or access or inability to use or access Jabalpur Super Mart's products thereof. It is
stated that Jabalpur Super Mart assumes no responsibility for any damages caused due to any virus or
harmful object entering in the
user/ purchaser's device while accessing Jabalpur Super Mart App.
- Warranties by Customer
It is stated that the user/ purchaser shall assumes responsibility for providing correct and
complete information on Jabalpur Super Mart while creating account/ logging in/ placing orders and any
inaccuracy in details including
address, name, etc shall be considered to be default on the part of the user, for which the user/
purchaser shall be charged additional charges, as deemed fit by Jabalpur Super Mart. It is stated that
the user/ purchaser grants permission
to Jabalpur Super Mart to contact them in relation to the status of the transaction, its shipment,
delivery, cancellation, return, refund and so on. It is further stated that the user/ purchaser grants
permission Jabalpur Super Mart to
communicate with them regarding any promotional schemes offered by Jabalpur Super Mart. It is stated
that the user/ purchaser shall assume responsibility to use Jabalpur Super Mart and services offered
thereof in pursuance to the laws
and regulations applicable in the territory of India. It is stated that the user/ purchaser shall assume
responsibility to verify and confirm all the relevant details, prior to placement of an order and that
Jabalpur Super Mart shall not
be held liable for neglect on the part of the user/purchaser. It is stated that the user/ purchaser
shall assume responsibility to peruse the terms and conditions carefully and accordingly exercise their
discretion in procuring services
offered by Jabalpur Super Mart.
- Prohibited Use
It is stated that agreement of the said terms would imply that the users would not use Jabalpur
Super Mart in any manner to circulate any information that would be unlawful, abusive, harmful, obscene
or objectionable. It should
be noted that use of Jabalpur Super Mart in any manner that would attract civil or criminal liability or
would be breach of any law of India, shall be strictly prohibited. It is further stated that introducing
or aiding unauthorised access
to Jabalpur Super Mart app including viruses or other malafide forms of disrupting software shall be
strictly prohibited.
- IPR
It is stated that Jabalpur Super Mart is the owner of all the intellectual property rights on
the mobile application including names, brands, logos, images, videos, software, source and object
codes, copyrightable material and
allied rights and that any use of the same leading to passing off or infringement of the said rights
shall be strictly prohibited in absence of any written license or assignment deed entered by Jabalpur
Super Mart in favour of any third
party. It is notified that all copyrightable material available on the Jabalpur Super Mart is
protectable as per Indian as well as international copyright laws. It is stated that any act of copying,
storing, distributing, publishing, reproducing,
modifying of intellectual property material or derivative works thereof, available or extractable from
Jabalpur Super Mart, for any reason, other than personal non-commercial use, would be construed as
violation of the said terms and conditions
and the same is strictly prohibited.
- Reviews, Feedback, Submissions
It is stated that any review, feedback, submission, comment or any other form of response from
the user offered to Jabalpur Super Mart allied to the operation of the application, use of the
application, services offered by Jabalpur
Super Mart and so on, shall be deemed to be assigned to Jabalpur Super Mart and the same shall be deemed
to be worldwide intellectual property right of Jabalpur Super Mart. It shall be deemed accordingly that
Jabalpur Super Mart has ownership
right in the said review, feedback, submission or comment and accordingly, shall have right to use,
modify, publish, create derivative works from the same, without consent or restriction of the user/
purchaser. It is stated that Jabalpur
Super Mart may respond to the review, feedback, submission or comment, however, there is no obligation
to do so, on the part of Jabalpur Super Mart. It is further stated that such review, feedback,
submission or comment shall not be treated
as confidential and Jabalpur Super Mart shall be at liberty to display or publish the same, in the
manner suitable, at any given point of time, and that the said term shall withstand even subsequent to
termination of the contract by the
user/purchaser. It is stated that the user/ purchaser shall assume responsibility and shall be held
liable for any review, manner, either violate the laws of intellectual property laws or any other laws
applicable in the territory of India.
- Objectionable Material
It is stated that Jabalpur Super Mart assumes no responsibility of any content on the Jabalpur
Super Mart's App that could be perceived as objectionable or offensive by any user/ purchaser and that
the user/ purchaser has sole
discretion to use or non-use of the services offered by the Jabalpur Super Mart.
- Colours
It is submitted that Jabalpur Super Mart assumes no responsibility of accurately displaying the
images, colour, description and packaging of products offered on Jabalpur Super Mart and that deviation,
if any, in the shade and
actual appearance of the actual product, shall not amount to defect or deficiency of services on the
part of Jabalpur Super Mart.
- Governing Law and Jurisdiction
It is stated that the said terms and conditions shall be enforceable in pursuance of the laws
applicable in the territory of India and that the City Civil Court Jabalpur shall assume exclusive
jurisdiction in relation to any judicial
proceeding arising as a result of the said contract. It is further stated that in case any dispute
arises out of the said contract, the same shall be referred to arbitration in pursuance to the
Arbitration and Conciliation Act, 1996 and
Rules made thereunder, as amended from time to time. Jabalpur Super Mart shall have sole liberty to
appoint an independent arbitrator, whose decision shall be final and binding on the parties to the
contract. The venue and place of arbitration
shall be registered office of the Company and the High Court of Jabalpur Madhya Pradesh shall have
jurisdiction in the said matter.
- Indemnity
It is stated that the user/ purchaser shall indemnify Jabalpur Super Mart and its officials/
employees/ affiliates in case Jabalpur Super Mart is subjected to any loss, damage, liability, legal
expense, etc. caused by any act
or omission of the user/purchaser including violation of terms and conditions of the said contract or
violation of any laws or regulations applicable in the territory of India including laws relating to
intellectual property rights, laws
relating to defamation and disparagement, laws relating to privacy, etc. It is further stated that the
said term shall withstand even subsequent to termination of the contract by the user/purchaser.
- Force Majeure
It is stated that notwithstanding anything that has been earlier stated in the foregoing
clauses, Jabalpur Super Mart assumes no responsibility for any action or omission of action resulting in
non-fulfilment of Jabalpur Super
Mart's obligation that has been obstructed due to circumstances beyond the reasonable control of
Jabalpur Super Mart including act of God, natural calamities, epidemics, pandemics, lockdowns, lockouts,
strikes, government restrictions
and the like.
- Termination
It is stated that the contract shall be effective and in force until and unless the same has
been terminated by either the user/ purchaser or Jabalpur Super Mart. It is stated that Jabalpur Super
Mart shall at any point of time,
restrict any user/ purchaser from accessing Jabalpur Super Mart without any justification or intimation
to that effect and that such action on the part of Jabalpur Super Mart, shall not attract any liability
or penalty whatsoever. It is
further stated that the user/ purchaser may uninstall/ delete Jabalpur Super Mart in order to terminate
the contract on their part. However, it is stated that on termination of the contract, the user/
purchaser shall be refrained from
copying or storing or distributing any material available on Jabalpur Super Mart and the material, if
any, existing as on the date of termination of the contract, shall be, destroyed by the user/purchaser.
However, termination of the contract
would not absolve the user/purchaser from their obligations in relation to payment, intellectual
property rights, reviews/ comments/feedback and indemnity.
- Disclaimers
It is stated that Jabalpur Super Mart shall reserve their right to impose additional rights and
obligations on themselves and on the user/purchaser from time to time and that the said terms and
conditions need to be read and understood
carefully by the user/purchaser from time to time.
- Customer Access
It is stated that Jabalpur Super Mart shall have the right to restrict or deny access to
Jabalpur Super Mart's App/Store at any time without any justification or intimation to that effect and
such restriction would not hold Jabalpur
Super Mart liable in any manner whatsoever.
- Limitation of Liability
It is stated that Jabalpur Super Mart assumes no responsibility and shall not be held liable
for any indirect, incidental or consequential loss or damage or loss of profit or loss of reputation,
caused on account of inability
to access services of Jabalpur Super Mart, unauthorised access of user/ purchaser's data/ device not
attributable to activities of Jabalpur Super Mart, temporary suspension on account of maintenance of
mobile application. It is further
stated that, in no condition, would Jabalpur Super Mart be liable to an amount above the value of
product purchased by the user/purchaser.
- Grievance Policy
It is stated that in pursuance to the provisions of Information Technology Act, 2000 and the
Information Technology (Intermediaries Guidelines) Rules, 2011, the user may contact the Grievance
Officer appointed by Jabalpur Super
Mart concerning any violation of the foregoing terms and conditions, the details of whom have been
provided as under:-
Owner's Name: Sanjul Singhai
Address: 313, Trimurti Nagar, Aghori Baba Road, Rajeev Ghandhi Ward, Jabalpur, M.P.-482002
Email address: jabalpursupermart@gmail.com
- Consent
It is hereby agreed that by installing and accessing the mobile application, the user/
purchaser consents to the terms and conditions of the said policy.