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Terms and Conditions

EFFECTIVE DATE: APRIL 30, 2020

These terms and conditions ("Terms") and the privacy policy (available at https://billmykart.com/terms-and-conditions) ("Terms and Conditions") form an electronic record under the Information Technology Act, 2000 ("IT Act") and relevant rules, as amended.

This User Agreement is published in compliance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires publishing the rules and regulations, privacy policy, and terms and conditions for accessing or using the website billmykart.com (including the URLs created for each Merchant) ("Website"), the mobile application available on Play Store and App Store - Billmykart ("App"), and the URLs created for each Merchant (collectively the "Platform"), operated by Aeth Analytica Private Limited, a company incorporated under the laws of India with its registered office at 29/762, Kotooli, Kozhikode, Kerala, 673016.

General

For these Terms, 'User' or 'You' (or any variation) means any natural or legal person (including legal heirs, administrators, or successors) who agrees to become a user of the Platform by accessing or using it.

1. If You are using the Services or Platform on behalf of a company, organization, government, or other entity, You affirm that You have the authority to do so.

2. Unless the context requires otherwise, "Aeth Analytica Private Limited," "We," "us," "our," or "Company" refers to Aeth Analytica Private Limited or any of its licensees, present or future.

3. The Company enables transactions on its Platform between participating restaurants/stores/merchants/sellers and buyers, dealing in (a) food and beverages, (b) provisions, consumer goods, consumables, etc., and (c) other products or services ("Platform Services''). Buyers can place orders ("Orders'') for a variety of products and services listed by various merchants ("Merchants") on the Platform.

4. These Terms include rules, regulations, policies, terms, and conditions applicable to anyone accessing or using the Platform, as modified and updated periodically.

5. Use of the Platform and its Services is subject to the rules, regulations, policies, notices, terms, and conditions included by reference in these Terms.

6. Please read these Terms carefully before using or registering on the Platform accessing any material, information, or Services, or posting any information on the Platform.

7. As a User, this User Agreement becomes effective and binding upon Your acceptance, which occurs when You enter information as requested on the sign-up page or simply by accessing or visiting the Platform. If You do not agree with the User Agreement and our Policies (defined below), please do not enter information on the sign-up page, click the "Accept" button, or access, visit, download, or use the Platform or its components.

8. By implicitly or explicitly accepting these Terms, You also agree to be bound by applicable Company policies, including the Privacy Policy as published on the Platform ("Policies").

9. The content on the Platform is for general information only and is not intended as advice on which You should rely. Obtain professional or specialist advice before taking or refraining from any action based on the content on the Platform.

Amendment

1. The Company reserves the right to modify the Platform, alter these Terms, and amend Policies at any time. The Company also retains the right to deny access, terminate membership, and delete accounts for anyone believed to have violated the User Agreement.

2. Amendments to the User Agreement will be notified on the Platform via publicly accessible links. By accessing, browsing, or using the Platform, you agree that such publication constitutes sufficient notice. The revised terms will be effective immediately upon being published on the Platform.

3. The Company is not liable to provide prior notice for amendments that, in its opinion, diminish the User's rights or impose additional obligations. The Company has sole discretion to decide if any amendments diminish User rights or impose additional obligations.

Definitions

1. "Affiliate ": means any person or organization that shares common control with the Company, is controlled by it or is directly or indirectly under its control. "Control" denotes the authority to oversee the management and policies of another individual or entity, achieved through ownership, contractual agreements, or other means.

2. "Authority ": Any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory, or self-regulating authority, agency, or instrumentality with jurisdiction over the relevant matter.

3. "Grievance Redressal Officer ": The officer appointed by the Company to handle grievances by applicable law.

4. "Information ": Includes any confidential, personally identifiable, or other information provided to the Company or other Users, including name, sex, age, email address, mailing address, phone number, etc.

5. "Internal Service Provider ": Logistics or back-end service providers appointed by the Company to facilitate or outsource business operations on the Platform, such as search technology, payments, maintenance, database management, etc.

6. "Law ": All statutes, acts, ordinances, rules, regulations, notifications, guidelines, policies, and orders of any government or Authority.

7. "Losses ": Includes losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, settlements, and expenses.

8. "Pay Facility ": The automated electronic payment, collection, and remittance facility provided by the Company to Buyers for paid services on the Platform, including through banks, financial institutions, payment gateways, or any authorized facility.

9. "Person ": Any individual, legal entity, company, body corporate, partnership, association, trust, society, limited liability partnership, or proprietorship.

10. "Policies ": The Privacy Policy and any other policies of the Company, as amended and provided on the Platform or communicated to Users.

11. "Services ": Services rendered by the Platform, including acting as an intermediary or facilitator for online product or service sales, as notified by the Company.

12. "User(s) ": A user of the Platform.

Eligibility

To use the Platform, you must be 18 years or older and capable of entering into legally binding contracts under the Indian Contract Act, of 1872. The Company is not liable for false information provided by Users, including age. Unauthorized use by minors is disclaimed, and the User or guardian is responsible for consequences under applicable law.

Registration and Creation of Profile:

1. Users must register and create a profile with a username and password or through mobile verification, providing the necessary details to access relevant Services.

2. Users are responsible for keeping their login information, such as username, password, and user code, confidential.

3. The Platform grants access to anyone with your username, password, and code. You are responsible for all activities under your account, and you must notify the Company of any unauthorized use.

4. The Company and its Personnel are not responsible for any losses from unauthorized use of your account. You are liable for losses suffered by the Company or others due to unauthorized use.

5.You agree to use the Platform only to enable your legal business operations and not for any other purpose.

User Information

1. You agree to provide true, accurate, current, and complete information when signing up or for any other purpose on the Platform.

2. Information in your profile may reveal personal aspects about you. Providing such information is voluntary.

3. You must use certain devices, software, and data connections for the Services, and you consent to downloading and installing updates.

4. You bear responsibility for carrier data plans and additional fees linked to the utilization of our Services. Service charges, inclusive of taxes, are typically non-refundable, unless mandated by law.

5. The Company is not responsible for the authenticity of personal or sensitive information supplied by Users.

6. You are prohibited from misrepresenting your identity and must keep your information accurate and current.

7. The Company and its Personnel are not liable for damages resulting from false information provided by you. You agree to indemnify the Company and its Personnel for any losses arising from unauthorized use of your account.

8. By signing up, you grant the Platform access to your mobile device to track contacts, location, storage, internet access, vibration, accounts, and other data.

Electronic Communication

1. You agree to stay updated with all data, information, and communication pertaining to you made available on the Platform by the Company. Your use of the Platform and provision of data or information, including correspondence via email or otherwise, constitutes consent to receive communication from the Company via electronic documents, including emails and SMS, deemed adequate for service of notice/electronic record.

2. You understand that you may have to bear any charges associated with such access, including text messaging charges for messages sent to your mobile device. Our communications may inform you about various service features and include promotional information unless you opt out of receiving such information.

3. We may need to provide you with certain communications/notifications, such as service announcements and administrative messages, which are considered part of the Services and your account. You might not have the option to choose not to receive them. If you change or deactivate your phone number, you must update your account information to prevent communication with someone who acquired your old number.

General Terms

1. All commercial/contractual terms are agreed upon between Buyers and Merchants alone concerning products and services offered by Merchants. These terms include price, applicable taxes, shipping costs, payment terms, delivery dates, warranties, and after- sales services. The Company does not control or advise on these terms but may offer support services related to order fulfillment, logistics, payment collection, etc., based on an understanding with the Merchants. The price of products and services is solely determined by the Merchant.

2. The Company does not make representations or warranties regarding the item-specifics of Merchants (such as legal title, creditworthiness, or identity). You should independently verify the credentials of any Merchant you choose to deal with on the Platform and use your judgment. All offers/promotions are subject to respective party terms and conditions, and the Company is not responsible for such offers or promotions.

3. The Company does not make representations or warranties about the quality, value, or saleability of products or services sold or offered on the Platform and does not endorse any products or services. The Company is not liable for errors or omissions by itself or third parties (including Merchants).

4. The Company is not responsible for non-performance or breach of any contract between Buyers and Merchants. Merchants agree to indemnify the Company for any losses due to their use of the Platform and interactions with Buyers. The Company cannot guarantee that transactions between Buyers and Merchants will be completed, nor is it responsible for unsatisfactory performance, delays, or issues with stock availability.

5. The Company operates an online marketplace as a facilitator and does not take possession of any products or services offered by Merchants. The Company has no obligations or liabilities regarding contracts between Buyers and Merchants.

6. The Company provides a communication platform, and the contract for sale is strictly between the Merchant and the Buyer. For complaints regarding product efficacy, quality, or other issues, the Company's role is to inform the Merchant and direct the Buyer to the Merchant's consumer call center. The Merchant is responsible for addressing Buyer complaints. The Company will assist by providing relevant information to facilitate complaint resolution.

Merchant Terms

1. Merchants may list products/services for sale to Buyers but cannot sell items on the list of banned items identified by the Company or prohibited by law.

2. Merchants must be legally permitted to sell listed products. Listings may only include descriptions, graphics, and pictures of the products and must be in appropriate categories. Offline or outside business solicitation with Buyers is prohibited and considered a breach of the User Agreement. All listed products must be in stock for order fulfillment.

3. Merchants must ensure that descriptions, images, and other content about the products/services are accurate and correspond with their features.

4. Product descriptions must not be misleading and must match the actual product. If there is a discrepancy, Merchants must refund any amounts received from the Buyer.

5. Merchants agree not to abuse the Platform or take part in actions that go against the terms of the User Agreement. The Company may suspend or permanently debar such Merchants.

6. Billmykart Delivery Terms:

  • Merchants must make accurate declarations about the product description and value.
  • Incorrect declarations may incur additional charges.
  • Products must be genuine and match the online description, and not classified as "prohibited goods."
  • Disputes related to order issues must be raised within 45 days of shipment creation.

User Obligations

You agree that your use of the platform will be strictly governed by the following legally binding standards, which you acknowledge and commit to.

YOU SHALL NOT:

  • Host, display, upload, download, alter, publish, transmit, update, or distribute any information that:
    • Belongs to someone else and over which you have no legal claim.
    • Contains harmful, harassing, defamatory, obscene, pornographic content, or encourages unlawful activities.
    • Is misleading or misrepresentative in any way.
    • Is blatantly offensive to the online community, including pornographic material or anything that encourages racism, bigotry, pedophilia, obscenity, hate speech, or physical violence against any person or group.
    • Harasses or advocates harassment of another person.
    • Involves sending "junk mail," "chain letters," unsolicited bulk mailings, or "spamming."
    • Promoting illegal activities or engaging in behavior that is libelous, abusive, threatening, vulgar, or defamatory is prohibited.
    • Violates or encroaches upon the rights of any third party, including rights of publicity, intellectual property, or privacy (including unauthorized disclosure of someone's name, email address, physical address, or phone number).
    • Encourages illegal actions or conducts that are harmful, mean, scary, rude, or hurtful.
    • Includes hidden pages or images (those not connected to or from another accessible page), password-protected or restricted access pages.
    • Exploits people in a sexual, violent, or inappropriate manner or solicits personal information from anyone.
    • Provides information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or creating computer viruses.
    • Contains images, video, or pictures of someone else (whether an adult or minor) without permission.
    • Seeks to obtain passwords or personal information from other Users for commercial or illegal purposes.
    • Attempts to gain unauthorized access or exceeds authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform.
    • Engages in commercial activities or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes, or the buying or selling of products related to the Platform. The Company's prior written consent means communication from the Company's authorized representative specifically allowing the activity or conduct you seek authorization for.
    • Solicits or engages in any gambling activity that is illegal or could be construed as illegal.
    • Refers to any website or URL that contains material inappropriate for the Platform or any other website, or content that would be prohibited or violates the spirit of these Terms.
    • Harms minors in any way.
    • Infringes any patent, trademark, copyright, or other intellectual property rights, or third party's trade secrets, rights of publicity, or privacy, or involves the sale of counterfeit or stolen products.
    • Violates any law currently in force.
    • Conveys content that is blatantly insulting or ominous, or deceives users about the source of such messages.
    • Impersonates another person.
    • Includes harmful software or codes that can damage, disrupt, or steal information from computers, or that can stop them from working properly.
    • Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or incites criminal offenses, prevents investigation of offenses, or insults other nations.
    • Is false, inaccurate, or misleading.
    • Directly or indirectly offers, attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted under any applicable law, rule, regulation, or guideline in force; or causes us to lose, in whole or in part, the services of our internet service provider or other suppliers, making us liable.
  • n case any action, omission, transaction, or attempted transaction that violates these Terms or Applicable Laws comes to Your knowledge, You shall forthwith take all steps to inform the Company of such violation at legal@billmykart.com.
  • Using automated methods to access, copy, or monitor any part of the Platform or its content is prohibited. Attempting to obtain materials or information through unauthorized means is not allowed.
  • Kindly do not attempt to gain unauthorized access to any area of the Platform. This covers any systems and networks that are linked to the Platform, servers, PCs, networks, and any services that are provided through the Platform using illicit methods like "password mining" or hacking.
  • You are not allowed to probe, scan, or test the Platform's vulnerability or breach security measures. You must not trace information about other users or exploit the Platform for unauthorized purposes.
  • You are not permitted to use the Platform or any of its material for any illegal or forbidden purpose as stipulated in the User Agreement, or to encourage the performance of any illegal action or other behavior that violates the rights of the Company or third parties.
  • You must always adhere to the relevant provisions of the Information Technology Act, 2000, and its regulations, as well as all other applicable laws, including international laws and taxation regulations. You are prohibited from engaging in transactions that violate any current laws or regulations, including those governing exchange controls.
  • In order for us to use the information you provide without infringing on your rights or breaking any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the copyright, publicity, database rights, or any other rights associated with your information. This grant applies to any media, known or unknown, now or in the future, and is subject to the terms and policies governing the use of the platform.
  • you must provide accurate details about the products or services you plan to offer. You agree to ensure that this information is complete, accurate, and free from any misleading content. It's crucial not to exaggerate or overstate the qualities of your offerings to deceive other users.
  • You must refrain from advertising or soliciting other Platform Users to buy or sell any products or services, including those related to what's displayed on the Platform. Sending chain letters or unsolicited commercial emails is prohibited. Using Platform information to harass, abuse, or sell to others without our consent violates the User Agreement. You acknowledge our right to enforce these rules at all times.

Action

  • The Company may immediately and without prior notice cancel your access to the Platform if you break the terms of the User Agreement. Any violative content you've posted may be promptly removed, and the Company may report it to authorities as required by law.
  • Should your access be terminated, the Company reserves the right to delete any data or files stored on its servers, without liability. You acknowledge that the Company is not responsible for the removal or deletion of such information.

No Endorsement

We don't endorse any Merchant or their products/services. Although you're required to provide accurate information, we don't verify its accuracy. Any issues or losses from dealings with Merchants are your responsibility. By using the Services, you accept that your only recourse for Merchant-related issues is with the specific Merchant or third parties involved. You agree not to hold us responsible or seek legal action against us for any Merchant-related matters.

Disclaimers

  • The Platform undergoes regular upgrades, so some functions may not be fully operational.
  • Due to variations in electronic information distribution and inherent limitations, content on the platform may have delays, omissions, or inaccuracies. We don't guarantee the accuracy of all information posted.
  • We aren't liable for unauthorized credit/debit card use.
  • We aren't liable for any violations of applicable laws by Merchants.
  • Information provided is "as is." We make no warranties regarding timeliness, accuracy, or completeness. Users must use their judgment and absolve us of any liability.
  • We're not liable for any losses or injuries arising from Platform information. We or our Personnel won't be liable for decisions made based on Platform content.
  • We reserve the right, without notice, to modify, suspend, or terminate Platform operation, modify Platform terms, or interrupt Platform operation for maintenance.

Intellectual Property

1. We either own the intellectual property rights or have the right to use them in the Platform and its content, including user interface, layout, design, and any material (except Merchant content).

2. You acknowledge our ownership of the word mark 'Billmykart' and logo. You agree not to challenge our rights to these marks or file any similar trademarks. If you notice any infringement, report it to legal@billmykart.com.

3. You can print or download one copy of Platform pages for personal use and share them within your organization.

4. Do not alter printed or digital materials or use graphics independently from the associated text.

5. Commercial use of Platform materials requires a license from us or our licensors.

6. Breaching these terms terminates your right to use the Platform.

You must either give back or dispose of any materials you have copied.

7. You can download Platform information at your own risk, with no warranty from us, if you follow these conditions:

  • Use the information for personal use only, not commercially.
  • Do not change the information in any manner.
  • Don't make any additional statements or warranties about the information on our behalf.
  • Keep any statements about our ownership and rights intact.
  • Don't reproduce, republish, transmit, display, post, or distribute the information in any form or by any means.

Payment

1. For all transactions between the Merchant and the Buyer, the Merchant agrees to pay the Company an amount equal to 2% of the transaction value ("Transaction Fees"). The Merchant acknowledges that the Transaction Fees may change, and such changes will be published on the Platform periodically.

2. We use third-party service providers or payment gateways to process payments related to the purchase of products offered by the Merchants to Buyers.

3. The relevant third-party service provider will transfer the amount paid by the Buyer for an Order (after deducting the Transaction Fees) to the Merchant's account within 2 working days from when the Buyer receives the good/service.

4. To enable Buyers to use paid services on the Platform, the Company facilitates the provision of a Pay Facility by a third-party service provider at its sole discretion. The Pay Facility enables automated collection and remittance services using various Indian banks, financial institutions, credit/debit/cash card brands, third-party service providers, and payment card industry issuers, through remittance, refund, and collection infrastructure approved by the Reserve Bank of India. These Terms shall govern how the Pay Facility is utilized.

5. The Pay Facility may support payments through credit/debit cards from the available banks, cash, UPI, and mobile wallet payment options. Payment mechanisms may be added, removed, or suspended through any one or more banks directly or through any payment gateway facilitators, effective upon being published on the third-party service provider's website.

6. The Pay Facility is provided to make payments easier for Buyers. The Company is not responsible for loss of money due to incorrect bank account details used by the Buyer or any technical failures during transactions. You can contact us at support@billmykart.com in case of transaction problems, but the Company is not liable for transaction failures or payment issues. You assume sole responsibility for all risks associated with money transfers or payments to the Merchants, whether or not they are made through a third-party payment gateway. All disputes regarding delayed or failed payments must be resolved by you and the third-party payment gateway directly.

7. You agree and acknowledge that the Company is neither acting as a trustee nor in a fiduciary capacity concerning payment transactions by providing the Pay Facility or any other payment method to its Buyers.

8. While using any of the payment methods available on the Platform, we will not be responsible or liable for any loss or damage arising directly or indirectly to you due to:

  • Lack of authorization for any transaction
  • Exceeding the preset limit mutually agreed upon by you and the "Banks"
  • Any payment issues arising from the transaction
  • Decline of the transaction for any other reason

9. Every payment transaction is contingent upon the permission of the bank that issued it. If your bank refuses to authorize payment, the Merchant has the right to cancel the Order without further liability. Additionally, you agree that we/Merchants will not be held accountable for any delivery delays caused by delayed payment authorization by your bank/financial institution.

10. You acknowledge and agree that you shall not use the details of a credit card, debit card, net banking, or any other payment instrument that is not lawfully owned by you.

11. All payments made for purchases/services on the Platform must be in Indian Rupees, acceptable in the Republic of India. The Platform does not facilitate transactions in any other currency for purchases made on the Platform.

12. Merchants have specifically authorized the Company or its service providers to collect, process, facilitate, and remit payments electronically or through 'cash on delivery' to and from other Buyers for transactions through the Pay Facility.

13. You and the Company have a principal-to-principal relationship. By accepting these Terms, you acknowledge that the Company is not responsible for, and has no control over, the goods or services advertised on the Platform that are paid for with the Pay Facility. The Company is an independent contractor for all reasons. The Company does not guarantee the identity of any Buyer nor ensure that a Buyer or Merchant will complete a transaction.

14. You acknowledge, accept, and agree that the Pay Facility offered by the Company is a payment processing service that uses the credit card payment gateway networks and authorized banking infrastructure currently in place to facilitate electronic, automated online payments, cash on delivery, collection, and remittance services for transactions on the Platform. Further, by providing the Pay Facility, the Company is neither acting as a trustee nor in a fiduciary capacity regarding the transaction or the transaction price.

15. Purchasers understand and consent that the Company serves as the Merchant's payment agent with the exclusive intent of receiving Purchaser payments on the Merchant's behalf. Your commitment to pay the Merchant is satisfied once you have paid the amounts owed to them; we will then send those funds to the Merchant. In the event that you book an order through the Platform, you will never, ever pay the merchant directly.

16.Payment Facility for Buyers:

  • As a Buyer, you understand that by initiating a transaction, you are entering into a legally binding and enforceable contract with the Merchant to purchase products and/or services using the Pay Facility, and you shall pay the transaction price through your issuing bank to the Merchant via the Pay Facility.
  • If you do not receive the products or services sold by the Merchant within the prearranged time frame, you may request a refund of the transaction amount from the Merchant (as your sole and exclusive remedy).
  • You acknowledge that refunds may not be available in full or in part for certain categories of products and/or services and/or transactions, and thus you may not be entitled to a refund for those transactions.
  • Except for 'cash on delivery' transactions, any refund shall be made to the same issuing bank from where the transaction price was received or through any other method available on the third-party payment gateway's website, as chosen by you.
  • For 'cash on delivery' transactions, any refunds will be processed via electronic payment transfers in accordance with the policies adopted by the third-party payment gateway.
  • Refunds shall only be made in Indian Rupees and shall be equivalent to the transaction price received in Indian Rupees.
  • For electronic payments, refunds shall be made through a payment facility using any other online banking/electronic funds transfer system approved by the Reserve Bank of India (RBI).
  • Refunds may be supported for select banks. If a bank does not support refund processing, you must provide alternate bank account details for processing the refund.
  • Refunds shall be conditional and subject to recourse available to the Company in case of any misuse by the Buyer.
  • We may request additional documents from you for verification.
  • A valid credit, debit, cash card, or bank account, as well as any other infrastructure or financial instrument obtained directly or indirectly through a payment aggregator or other facility approved by the Reserve Bank of India for payment collection and remittance, may only be used for a limited number of transactions, at the Company's discretion. Additionally, the Company has the right to decline processing any transactions that exceed these restrictions.
  • The Company reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges, including but not limited to breaches of the User Agreement with the Company, violations of any law, or any charges imposed by the issuing bank.
  • The Buyer and Merchant acknowledge that the Company will not be liable for any damages, interests, or claims resulting from not processing a transaction or transaction price, or any delay in processing a transaction or transaction price beyond the Company's control.

17. Compliance with Laws:

  • Buyer and Merchant shall comply with all applicable laws (including but not limited to the Foreign Exchange Management Act, 1999, and the rules and notifications issued thereunder; the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time; the Customs Act; the Information Technology Act, 2000, as amended by the Information Technology (Amendment) Act 2008; the Prevention of Money Laundering Act, 2002, and the rules made thereunder; the Foreign Contribution Regulation Act, 1976, and the rules made thereunder; the Income Tax Act, 1961, and the rules made thereunder; and the Export Import Policy of the government of India) applicable to them respectively for using the payment facility.

18. Buyer's Arrangement with Issuing Bank:

  • The terms and conditions that have been agreed upon by the Buyer and the relevant issuing bank and payment instrument issuing firm apply to all legitimate credit, debit, and cash cards as well as other payment instruments. A payment gateway or appropriate payment system infrastructure is used to process these.
  • All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank, which supports the Pay Facility to provide these services to the Users. All such online bank transfers on the Pay Facility are also governed by the terms and conditions agreed to between the Buyer and the respective issuing bank.

Third Party Links

The Platform may contain links to advertisement banners, information about external services, and resources provided by third parties. We do not offer express or implied warranties or guarantees regarding the content, services, or information on these linked websites. Any concerns about these services, resources, or links should be addressed to the respective service or resource provider. The only reason these links are offered is for the convenience of Platform users. You may visit these linked websites at your discretion, but we assume no responsibility for the outcomes of any such interactions.

Limitation of Liability

In no event shall the Company, its Personnel, suppliers, service providers, or internal service providers be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising in any manner out of or in connection with the Platform, the Company, or any other service by internal service providers.

The Company's liability under all circumstances is limited to the amount of charges or fees, if any, paid by You to the Company. The Company, its Personnel, and internal service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and timeliness of any information or communication provided on or through the Platform or the error-free and uninterrupted operation of the Platform or Pay Facility. The Company assumes no liability for any monetary or other damages suffered by You due to: (a) the delay, failure, interruption, or corruption of any data or information transmitted in connection with the use of the Platform or Pay Facility; or (b) any delay, failure, interruption, or errors in the operation of the Platform or Pay Facility.

Indemnity for Non-Compliance or Breach

You shall indemnify and hold harmless the Company, its parent, subsidiaries, Personnel, Affiliates, internal service providers, and their respective officers, shareholders, directors, agents, and employees, from any losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement, and expenses (including without limitation attorneys' fees and disbursements) made by any third party or penalties imposed due to or arising from Your breach of the User Agreement or untrue, inaccurate, misleading, non-current, or incomplete information provided or verified by You.

Consent and Privacy Policy

By using the Platform and/or providing Your Information, You consent to the collection and use of such Information disclosed by You on the Platform and the Pay Facility (if applicable) by the Company. The personal information/data, including but not limited to the information provided by You to the Platform/Pay Facility during your registration, shall be retained by the Privacy Policy published on the Platform and applicable laws, including the Information Technology Act, 2000, and its rules. If You do not agree to your information being transferred or used in this manner, please do not use the Platform.

The Company views the protection of user privacy as a vital principle. The Company understands that the personal information You provide is one of its most valuable assets. The Company stores and processes the information provided by You, protected by physical and reasonable technological security measures and procedures, in compliance with applicable laws.

Breach and Termination

1. Without limiting other remedies, the Company may take actions it deems fit, including but not limited to canceling membership, deleting the account, limiting Your activity on the Platform, removing Your information, warning other Users of Your actions, temporarily or indefinitely suspending or terminating Your user account/membership, and/or refusing to provide You access to the Platform. This may occur if:

You breach any provisions of the User Agreement or any documents and agreements between the Company and You.

There is any misuse of Your account or the Pay Facility (if utilized).

The information you enter cannot be authenticated or verified by the Company.

2. The Company thinks that You, other Users, or the Company itself could become legally liable for Your behavior.

No actions, omissions, or decisions taken by the Company shall waive any rights or claims the Company may have against You. Until the Company reinstates them, any user who has been suspended or blocked is not permitted to register, attempt to register, or use the platform in any way. If You breach the Terms, Policies, or any agreements entered into with the Company, the Company reserves the right to take strict legal action, including referral to appropriate authorities for initiating criminal, civil, or other proceedings against You.

3. You agree and acknowledge that we, at our sole discretion and without prior notification, may terminate Your access to all or part of the Platform or cease providing accessibility to the Platform for reasons including but not limited to:

  • Requests from law enforcement agencies or other government institutions.
  • Your request.
  • The website or any of its services could be suspended or undergo significant changes.
  • Unforeseeable technical issues
  • Occurrence of an event outside our control.

4. All Your obligations and liabilities incurred prior to the termination date shall survive the termination of the User Agreement for all purposes.

Grievance Redressal Mechanism

For any grievance, objection, or complaint regarding the Platform, other Users, or the Company, including issues related to suspension, termination, or blocking of your membership, promptly contact the designated Grievance Officer at support@billmykart.com with all necessary information and/or documents to resolve the issue.

The Grievance Officer will acknowledge your grievances within 48 hours of receipt and may request additional information. After receiving the grievance, the Grievance Officer will try to resolve the matter within a month. Failure to provide the requested information may prevent the resolution of your grievance. By agreeing to the Terms, you consent to being contacted by the Grievance Officer based on the information you provided.

Confidentiality

1. All communications and confidential information exchanged between You and the Company, including business transactions, shall be kept confidential unless specifically permitted in writing by the Company.

2. The Company may disclose confidential information on a confidential basis to prospective and current investors, strategic or financial partners, or service providers, but not to other Users of the Platform.

3. This confidentiality obligation shall survive the termination of the agreement and the User account.

Severability

If any provision of the User Agreement is deemed invalid, unlawful, void, or unenforceable, the remainder of the User Agreement will remain in effect. The invalid provision will be replaced with a valid provision that reflects the original intent as closely as possible.

Governing Law and Jurisdiction

1. The User Agreement and related documents are governed by the laws of India. Disputes arising during Your use of the Platform, the Pay Facility, or any related service, concerning the validity, interpretation, implementation, or alleged breach of any provision of the Terms, shall be referred to the senior management of the Company for conciliation. If unresolved, the dispute shall be subject to the exclusive jurisdiction of the courts in Kozhikode, Kerala. You consent to these courts having jurisdiction over you.