Last Updated: [07/01/2022]

 TERMS OF USE

 These Terms of Use (“Terms“) along with other policies available on the Platform (defined below) govern your access to and use of the website https://indiasmallmarket.in/, the mobile application branded “INDIA SMALL MARKET” and the various pages or sections as provided by us on or in connection therewith (hereinafter referred to as “the Platform”), which is owned and operated by INDIA SMALL MARKET (“India Small Market”, “Our”, “We”, “Us”). The Platform has been designed to make the online sales of furniture items (“Products”), which are designed, developed, and owned by the India Small Market. Apart from making the Platform available for You (“User” or “You” or “Your”) and the public at large, India Small Market is engaged towards the fulfillment of the orders placed on the Platform by the User, arranging for a logistics company to collect and transport the Products at the designated place provided by the User and providing after-sales customer support (“Services”).
Also, accepting these terms and condition means you are accepting the privacy policy of the platform too which can be referred to from this link https://indiasmallmarket.in/index.php/privacy-policy/.

By accessing, registering, or using the Platform or any part thereof or making any purchase transaction in respect of Products made available on the Platform (“Purchase/s”) or utilizing any of the functionalities, facilities or Services offered, You agree to these Terms. Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. Therefore, please read these Terms and Privacy Policy carefully before using or accessing the Platform or registering on the Platform. If you do not agree with these Terms, please do not access the Platform and do not make any Purchase/s. These Terms along with the Privacy Policy constitute a binding agreement and an electronic record under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic records under various Indian statutes. 

1.                Eligibility and Access

1.1             Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and other applicable laws, including un-discharged insolvents etc. is not eligible to make any Purchase/s over the Platform. In case a user who is below the age of 18 years proceeds to make a purchase over the Platform, it will be deemed that the said User is acting on behalf of their Guardian / Parents, and the concerned Guardian / Parents shall be duly responsible to comply with the Terms of Use, the Privacy Policy and other applicable Policies as made available on the Platform  

1.2             India Small Market reserves the right to terminate any membership or to cancel any Purchase/s if it is discovered that You are under the age of 18 years or are otherwise “incompetent to contract”.

1.3             Access to the Platform is freely available to all the Users of the Platform, who may freely access certain sections of the Platform and access the various products listed on the Platform. Further, the other Terms of Use and the Privacy Policy would become applicable for every instance of access to the Platform.

1.4             If You are registering as or on behalf of a business entity and make any Purchase/s, it is deemed to be represented by you that You are duly authorized by the said business entity to accept these Terms and the Privacy Policy and that You have the authority to bind the said business entity to these Terms and the Privacy Policy.

1.5             The Platform and the inherent functionalities and the Services provided through the Platform are always evolving and the form and nature of the said functionalities, features and Services made available on the Platform may change from time to time without prior notice to you. In addition, India Small Market may stop (permanently or temporarily) providing the functionalities or the Services (or any features on the Platform) to you or to users generally and may not be able to provide you with prior notice. India Small Market also retains the right to create limits on use, storage, and features at its sole discretion at any time without prior notice to you.

1.6             The functionalities, features, and the Services being provided on the Platform and Purchase/s made on the Platform may be subject to additional terms and conditions or rules applicable to a particular Purchase in that respect (“Purchase Terms”). Such Purchase Terms are deemed to be incorporated herein by reference. Users must agree to these Purchase Terms before making any Purchase/s on the Platform. To the extent that these Terms are inconsistent with the Purchase Terms, the Purchase Terms shall prevail.

1.7             Only those Users who have successfully registered on the Platform in the manner prescribed in the Terms and who utilize the services of the Platform in accordance with this Term of Services, shall be eligible to use the Platform and to make any Purchase/s on the Platform.

2.                User Account, Passwords, and Security

2.1             In order to use the Platform and the services associated therewith, including making any Purchase/s, you will have to register on the Platform by providing certain details about yourself, including your name, email address, mobile number, password, date of birth, state of residence, and other information as may be required to create an account (“Account”). You may register on the Platform by logging into your account with your credentials from certain third-party email networks or social networking sites. You confirm that you are the owner of any such third-party account and that you are entitled to disclose your third-party account login information (i.e. full name, email ID, and date of birth, etc) to India Small Market. You authorize India Small Market to collect your authentication information and other information that may be available on or through the third-party account consistent with your applicable settings and instructions. India Small Market reserves the right to refuse access to the Platform and the Services to new Users or to terminate access granted to existing Users at any time without stating any reasons for doing so. You shall not have more than one active Account on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party.

2.2             You shall ensure and confirm that the Account Information provided by you is complete, accurate and up-to-date. If there is any change in the Account Information, you shall promptly update your Account information on the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if India Small Market has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, India Small Market has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any part thereof) at its discretion, in addition to any right that India Small Market may have against you at law or in equity, for any misrepresentation of information provided by you.

2.3             You are responsible for maintaining the confidentiality of the Account information, safeguarding the password or credentials that you use to access the Platform, and for any activities or actions under your Account. You are encouraged to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers, and symbols) with your Account. 

2.4             You agree to (a) immediately notify India Small Market of any unauthorized use of your Account information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. India Small Market cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Further, India Small Market will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account either with or without your knowledge.

2.5             You may be held liable for losses incurred by India Small Market or to any other user of or visitor of the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping Your Account information secure and confidential.

2.6             By registering for an Account, You represent, warrant, and agree that:

(i)               You fulfill the eligibility criteria as detailed in these Terms;

(ii)             You are using Your actual identity and the mobile phone number you have provided is registered in Your own name;

(iii)           You will provide only true, accurate, current, and complete information about Yourself;

(iv)            You will maintain and promptly update Your details that You provide on the Platform to keep it true, accurate, current, and complete at all times.

2.7             Your Account is for Your personal use only. You shall not impersonate someone else. By creating an Account after providing a mobile phone number and verifying it using an OTP, You represent, warrant, and agree that You are authorized to use the Platform and will abide by the Terms.

3.                Acceptable Use

3.1             In connection with the use of the Platform and the Services, you agree that you will not:

(i)               violate any law, regulation, or court order;

(ii)             violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “Droit moral,” or other legal rights of any third party;

(iii)           take any action (even if requested by another) that is, or submit, host, post, display, upload, modify, publish, transmit, update, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, harmful, abusive, harassing, threatening, hateful, racially or ethnically objectionable, derogatory, harmful to any reputation, disparaging, defamatory, libelous, pornographic, indecent, profane, obscene, paedophilic or otherwise objectionable (including nudity), blasphemous, invasive of another’s privacy, or relating or encouraging money laundering;

(iv)            harms minors in any way;

(v)             send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;

(vi)            send communication that deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or menacing in nature;

(vii)          engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Platform, including from any user of the Platform;

(viii)        transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or limit the functionality of any computer resource or related systems;

(ix)            stalk, harass, threaten, or harm any third party;

(x)             impersonate any third party;

(xi)            choose a username that, in India, Small Market’s considered opinion is obscene, indecent, abusive or that might subject India Small Market to public disparagement or scorn, or a name which is otherwise barred under any applicable laws, as the case may be.

(xii)          participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;

(xiii)         use any means to scrape or crawl any part of the Platform;

(xiv)         access, tamper with the Content, computer systems, or the technical delivery systems of the Platform or its service providers;

(xv)          probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(xvi)         access or search or attempt to access or search the Content and/or Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided on the Platform (and only pursuant to these Terms);

(xvii)       attempt to circumvent any technological measure implemented by India Small Market, any of its service providers, or any other third party (including another user) to protect India Small Market, the Platform, users or any other third party;

(xviii)     access the Platform to obtain information to build a similar or competitive application or Platform;

(xix)         attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used as part of the Platform;

(xx)           send communication that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nation;

(xxi)         advocate, encourage or assist any third party in doing any of the foregoing.

3.2             The quality of the Content may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. You are responsible for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges.

4.                Invitation to Offer

The products, services and any other information that is displayed on the Platform are an ‘invitation to offer’ to the users of the Platform and to the public at large. Your order for Purchase/s constitutes your ‘offer’ to India Small Market, which shall be subject to acceptance or rejection by India Small Market and shall further subject to the terms and conditions as listed below. All accepted offers shall be fulfilled by India Small Market. If you have supplied your valid email address or contact number at the time of making Purchase/s, India Small Market will notify you by email or through SMS (as the case may be), as soon as possible, to confirm receipt of your order and email you for the  details and therefore process the order. Acceptance of your order will take place upon dispatch of the Product(s) ordered. No act or omission on the part of India Small Market (including its employees, assigns, representatives) prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer.

5.                Pricing and Purchases

5.1             You agree to pay the on for the Product consideration in advance, as indicated during the order process, including any shipping costs, or other charges incurred with that order. All prices are displayed and are payable in INR.

5.2             You understand and appreciate that owing to huge transportation costs and other logistical issues involved, India Small Market will not accept and/or fulfill cash on delivery orders.

5.3             India Small Market may not accept your order for Products, if:

(i)              The Product(s) is/are out of stock;

(ii)             India Small Market is unable to obtain authorization for your payment;

(iii)           Product(s) is/are not deliverable at the given shipping address owing to logistical issues;

(iv)           India Small Market finds that the listed Product has any pricing error, due to technical issues;

(v)             For any other reason at India Small Market’s sole discretion.

In any of the above-mentioned scenarios, India Small Market will inform you that your order has not been accepted. If any payment is already received by India Small Market in respect of an order that is not accepted at the end of India Small Market, your money shall be refunded to you within a period of 7 to 14 banking days. India Small Market will not be liable to you or any third party by reason of its decision to decline to process of an order, or unwinding or suspending any transaction after processing has begun.

5.4             During the access of the Platform by you or at the time of purchasing any Product(s) over the Platform, errors may occur in the displayed pricing on the Platform or during the process of Checkout. The said errors may also lead to an interruption in smooth access to the Platform. Without admissions, India Small Market will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with India Small Market to resolve such issues, and you agree that India Small Market shall have full discretion to determine the appropriate resolution in such cases.

5.5             In the event that any Product(s) is listed at an incorrect price due to an error in pricing, India Small Market shall have the right, at its sole discretion, to refuse or cancel the order for that particular Product(s). In the event that any Product(s) is mispriced, India Small Market may, at its sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

5.6             India Small Market reserves the right, at its sole discretion and without prior notice, to limit the quantity/value of items purchased per user, per household, or per order. These restrictions may be applicable to order placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address.

6.                Payments

6.1             India Small Market may offer multiple payment options through various mode(s) or instrument(s) for the convenience of users, which will be facilitated through third-party service providers. India Small Market reserves the right to add or remove or modify the terms and conditions for such payment options without any prior notice. Without prejudice to the aforesaid, usage of any of the above payment options shall at all times be subject to rules, regulations and guidelines under applicable laws and those prescribed by RBI, issuer banks, acquiring banks, third-party service providers, and other intermediaries involved in the payment process.

6.2             Payments made over the Platform are subject to validation and authorization by the issuer and/or the third-party service provider, as applicable. If the issuer of your payment instrument and/or the third-party service provider used for making the payment refuses or finds it difficult to authorize the payment (for any reason), India Small Market reserves its right to cancel the order. Without admission, India Small Market shall undertake all reasonable efforts if the authorization of payment is stuck at the end of the third-party service provider, upon receipt of written instructions from you. It is clarified that India Small Market cannot be held responsible for any losses that may occur to you or any delay in dispatch of your Product(s).

6.3             You understand that Users’ correspondence, transactions/offers, or related activities with third-party service providers, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions, and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that India Small Market will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

6.4             As the payment for the Product(s) purchased over the platform is facilitated through a third-party service provider, India Small Market will not be responsible or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to you due to:

(i)              Lack of authorization for any transaction(s), or

(ii)             Exceeding the pre-set limit mutually agreed by you and the issuing bank(s), or

(iii)           Any payment issues arising out of the transaction, or

(iv)           Decline of transaction for any other reason(s).

6.5             India Small Market reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by the buyer with India Small Market or breach/violation of any law or any charges imposed by issuing bank or breach of any other policy.

7.                Disclaimers as regards the color/image/size of Product(s)

7.1             While India Small Market has made a great endeavor to keep the product image, description, and related information to be complete and correct, the Users are solely and entirely responsible for ensuring that the Product(s) purchased through the Platform suit their specific requirement.

7.2             Material / Product colors represented on the Platform may vary from the actual product(s) due to variations in screen resolution, color, tone, lights setting/nature of the material and/ or any other settings, product finishes over time and other factors.

7.3             The size of the actual product(s) may vary slightly from the dimensions mentioned on the Platform, without significantly affecting the functioning of the Product(s). The sizes of the actual product(s) to be considered as final, and no returns/refunds will be accepted in such cases.

7.4             India Small Market will not accept responsibility for any variation in the color, size or design differences that are not factory faults. In purchasing any Product(s) from us, you agree to accept the small risk that there will be a slight variation between the actual color and design, and the representational picture posted on the Platform.

7.5             For ensuring the appropriateness of any specifics as regards any Product(s), the Users may reach out to India Small Market for the purposes of seeking any clarification, at Indiasmallmarket@gmail.com.

8.                Shipping

8.1             India Small Market has engaged third-party service provider(s) for managing the shipping of Product(s) to the Users, and the said third-party service provider(s) have undertaken to bear the liability of any damage occurring during the course of shipping of the Product(s). In a scenario, where the Product(s) are damaged during transit, India Small Market shall undertake full responsibility to make good the losses that occurred to you. In this scenario, India Small Market will either arrange for a replacement of the original Product(s) or arrange for repair at the place of delivery.

8.2             For ensuring correct and timely delivery of the Product(s) ordered on the Platform, you shall be solely responsible for providing the correct and accurate delivery address.

8.3             Risk of loss and title for the Product(s) shall pass on to you upon delivery of the purchased Product(s) by the third-party service provider.

8.4             India Small Market shall not be held responsible for any delays in the shipping of the Product(s), lost or missing Product(s) or the incorrect delivery of the Product(s), which is due to your fault or due to inaccurate, false or incomplete information provided by you.

9.                Return, Replacement and Refund

9.1             The return policy and the process is governed by the Return Policy/Purchase terms as provided on the Platform. Please read the said Return Policy before making any purchase of Product(s) on the Platform. Apart from the Return Policy, each Product(s) may have a different return policy and process, which shall override the Return Policy to the extent the same is inconsistent with the terms of the Return Policy.

9.2             It is the endeavor of the Indian Small Market to provide the best user experience and satisfaction from the Product(s) and Services offered on the Platform. Accordingly, if you have any concerns with respect to Product(s) delivered to you, you may reach out to us, at [indiasmallmarket@gmail.com], with a request for refund/replacement of the Product(s), and our team will get back to you as soon as possible.

9.3             If you receive any Product(s) that is not in perfect condition, you are responsible for intimate to us, with clear pictures of the damage that occurred to the Product(s), within a period of 4 days from the date of delivery of the Product(s), at [indiasmallmarket@gmail.com]. If the condition of the Product(s) is found to be damaged at the time of delivery, to the satisfaction of India Small Market, it shall arrange for replacement/return of the concerned Product(s).

9.4             Product(s) eligible for return/replacement should be returned to the authorized person in new and unused condition, in the original packaging, with the original invoice and all Product tags attached. Returns/replacement will not be processed by India Small Market, if the Product(s) being returned/replaced are found to be in damaged, soiled or altered condition and may not be accepted / may be sent back to you.

9.5      Payments made by you in respect of any returned Product(s) will be refunded to you as per the Return Policy. If you believe that the refund amount processed by India Small Market is incorrect, please contact us at [indiasmallmarket@gmail.com], and India Small Market will be happy to assist you on the issue.

9.6             It may be clarified that processing of refund can take up to 15 working days, depending on the processing time of the issuing bank, internal verification, bank working days, and other relevant factors. India Small Market shall not be held liable on account of any delay occurred in the processing of refund amount, and India Small Market offers no guarantee, whatsoever, for the accuracy or timeliness of the refunds reaching the account of any Users.

10.             Proprietary Rights of India Small Market

10.1          India Small Market or its licensors, third party vendors own all right, title, and interest in and to: (i) the Platform and the “look and feel” thereof, including all software, ideas, processes, data, text, media, and other content available on the Platform; (ii) trademarks, logos, and brand elements of Company; and (iii) designs and aesthetics of the Product(s) developed by third party vendors and India Small Market. All right, titles, and interests in and to the Platform, the Services, content, and India Small Market’s trademarks are and will remain the exclusive property of India Small Market and its licensors and other partners, as the case may be. Save and except for accessing and using the Platform and the Services as permitted herein, You shall not separately use any portion of the Platform or the Services (such as codes, features, branding, trademark, logos, look and feel, content, etc.) in any manner whatsoever without the express written approval from India Small Market.

10.2          India Small Market reserves all rights not expressly granted in these Terms. You shall not make any disparaging or derogatory remarks, comments, or statements, whether verbal or written, against India Small Market. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Platform or the Services are entirely voluntary, and India Small Market will be free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.

11.             Suspension and Termination

11.1          The Terms will continue to apply until terminated by either you or India Small Market as set forth below. If you object to the Terms or are dissatisfied with the Platform or the Services offered by India Small Market, your only recourse is to (i) close your Account; and (ii) stop accessing the Platform. To the extent of any payments made by you in respect of the purchase of any Product(s), India Small Market shall make all reasonable efforts to close any issues in respect of the said transaction before termination or suspension of your user account.

11.2         India Small Market reserves the right to terminate, discontinue, suspend, limit, or restrict your account or your use of the Platform or access to content at any time, without notice or liability, if India Small Market so determines in its sole discretion, for any reason whatsoever. Additionally, India Small Market reserves the right to delist you or block your future access to the Platform or suspend or terminate your Account if it believes, in its sole discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. 

11.3          If You or India Small Market terminate your use of the Service, India Small Market may, subject to the terms of the Privacy Policy, delete any information relating to your use of the Platform or the Services and India Small Market will have no liability to you or any third party for doing so.

12.             Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of the India Small Market.

12.1          Availability on “AS-IS” basis

a)               Your access to and use of the Platform, the Services or any Content is at your own risk. You understand and agree that the Platform and the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, India Small Market disclaims all warranties and conditions, whether express or implied, of title, of merchantability, fitness for a particular purpose, or non-infringement.

b)               India Small Market makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Platform, the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform, the Service, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Platform or the Services; (iv) whether the Platform or the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis or whether any errors or defects will be corrected.

c)                No advice or information, whether oral or written, obtained from India Small Market or through the Platform, will create any warranty not expressly made herein. India Small Market will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platform or the Services, either with or without your knowledge.

d)               India Small Market shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform or the Services, whether based on contract, tort, negligence, strict liability or otherwise. Further, India Small Market shall not be held responsible for non-availability of the Platform or the Services during periodic maintenance operations or any unplanned suspension of access to the Platform or the Services, that may occur due to technical reasons or for any reason beyond India Small Market’s control.

e)               You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.

12.2          Links

There may be links to third-party websites or resources on the Platform. You acknowledge and agree that India Small Market is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the India Small Market of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

12.3          Limitation of Liability

To the maximum extent permitted by applicable law, India Small Market shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses resulting from (i) your access to or use of or inability to access or use of the Platform or the Service; (ii) any Content on the Platform; or (iii) unauthorized access, use or alteration of your transmissions or content.

12.4          Violation of Terms

You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to India Small Market for which monetary damages would be inadequate, and you consent to India Small Market obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that India Small Market may have at law or in equity. If India Small Market takes any legal action against you as a result of your violation of these Terms, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

12.5          Release and Indemnity

By accessing the Platform, making any purchase of Product(s) on the Platform, accessing the Services offered, Users hereby release form and agree to indemnify India Small Market, and/ or any of its key personnel, including Proprietor, Director, Employees, Partners, Associates, and licensors, from and against all liability, cost, loss or expense arising out of your access to the Platform or the Services including (but not limited to) personal injury and damage to property due to some negligent act or omission on your part, or otherwise. India Small Market accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the Product(s), Platform or the Services. Users shall be solely responsible for any consequences which may arise due to their access to India Small Market’s Platform or the Services, by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Platform or the Services, including the provision of incorrect address or other personal details. Users also undertake to indemnify India Small Market and their respective officers, proprietor, directors, employees, and agents on the happening of such an event (including without limitation cost of an attorney, legal charges, etc.) on a full indemnity basis for any loss/damage suffered by India Small Market on account of such act on the part of the Users.

13.             General Terms

13.1          Waiver and Severability

The failure of India Small Market to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

13.2          Governing Law and Jurisdiction

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. Any disputes arising in relation hereto between you and any Company shall be subject to the exclusive jurisdiction of courts at Jodhpur, India.

13.3          Entire Agreement

These Terms, the Privacy Policy and the Return Policy are the entire and exclusive agreement between India Small Market and you regarding the Platform and the Services (excluding any services for which you have a separate agreement with India Small Market that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between India Small Market and you regarding the Platform or the Services.

India Small Market retains the unconditional right to revise these Terms from time to time, the most current version will always be on the Platform. You can determine when this Terms was last modified by referring to the “Last Updated” legend above. It shall be your responsibility to check these Terms periodically for changes. Your continued use and access of the Platform and the Services shall signify your acceptance of the amended Terms and your consent to be legally bound by the same.

13.4          Grievance Redressal

a)               Any complaints arising from the use of the Platform or the Services may be addressed to the following:

Name of the Grievance Officer: [Jaivardhan Singh Shekhawat] (“Grievance Redressal Officer”)

Contact information: [indiasmallmarket@gmail.com]^[1]

b)               The Grievance Redressal Officer shall within 5 (five) days of receiving the complaint initiate inquiry into the same and shall endeavor to resolve the complaint promptly, but in any case, within one month from the date of receipt of the complaint.