bhimart “Customer” Term and Condition

This document is an electronic record in accordance with the terms of the Information Technology Act, 2000 and the Rules there under as applicable and the amended provisions pertaining to electronic records in various Statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Bhimart application for mobile and handheld devices.

Terms Of Use

  1. These terms of use (the “Terms of Use”) govern your use of the “Bhimart” application for mobile and handheld devices (hereinafter referred to as the “Application” or “Platform”). Please read these Terms of Use carefully before use of the service provided by the Platform (“Services”). If you do not agree to the Terms of Use, we request you to uninstall the Application and cease your use of the Service immediately. The installation, download or use of the Platform, signifies your acceptance of the Terms of Use and other Bhimart policies as posted on the Platform from time to time, resulting in your contracting with GM Global from the date on which you download, install or use the abovementioned Services, resulting in the creation of a legally binding agreement between GM Global and yourself.
  2. The Bhimart Platform is operated and owned by [GM Global, a company incorporated under the Companies Act, 1956 and having its registered office at Office : No. 77/20, 1st Floor, Above Karnataka Bank, 15th Cross, Malleswaram, Bangalore - 560 003For the purpose of these Terms of Use, wherever the context so requires, “you” shall mean a natural or legal person who has agreed to become a Vendor/Merchant on the Platform by providing Registration Data while registering themselves on the Platform as a registered Merchant. The terms “Bhimart”, “we,” “us,” “our” or “the Platform” shall refer to an entity owned by GM Global.
Bhimart is a hyper-local shopping portal website and mobile Application that enables transactions between participant vendors/Merchants dealing in / selling a variety of products and buyers. Buyers using the Platform (“Buyers”), can choose from a variety of products listed on the Platform retailing from multiple vendors and place orders (“Orders”) of any product/s listed and offered for sale on the Platform. The Platform lists products available from multiple vendors/ Merchants within a particular radius of the location of the Buyer, (hereinafter referred to as the “neighbourhood”) including but not limited to shops, supermarkets and departmental stores (hereinafter referred to as “Merchant/s”), on the Platform and the Merchant/s enable delivery of Orders at select localities of serviceable cities across India (“Delivery Services”)

AMENDMENTS

These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other Bhimart policies at any time by posting changes on the Platform at our sole discretion, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Bhimart policies and note the changes made on the Platform. Your continued usage of the Platform after any change is posted constitutes your acceptance of the amended Terms of Use and other Bhimart policies. As long as you comply with these Terms of Use, Bhimart grants you a personal, non-exclusive, non-transferable, limited privilege to accessand use the Platform.

Conditions Relating to Your Use of Bhimart.com

1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. you agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes.
2. Privacy
Please review our Privacy Notice, which also governs your visit to Bhimart.com, to understand our practices. The personal information / data provided to us by you during the course of usage of Bhimart.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
3. E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Bhimart is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the vendor on Bhimart.com.
4. Access to Bhimart.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

Use of Platform and Services

  1. All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation price (except in the event of discounts offered by Bhimart), taxes (such as Goods and Services Tax), payment terms, warranties related to products and services and after sales services related to products and services. Bhimart does not have any control and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Bhimart may, however, offer support services to Merchants in respect of order fulfillment, payment collection, call centre, and other services. The Merchant/s shall orchestrate delivery of items ordered on the Platform except in circumstances in which the Merchant has given Bhimart prior intimation of its inability to process deliveries, due to which Bhimart may ensure delivery through third party delivery agents/services.
  2. Bhimart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness and identity) of any of the Merchants or the Buyers. Bhimart does conduct a verification of each of the Vendors associated with the Platform, however, you are advised to independently verify the bona fides of any particular Buyer that you choose to deal with on the Platform and use your best judgment in that behalf. All Merchant offers are subject to respective party terms and conditions. Bhimart takes no responsibility for such offers.
  3. Bhimart neither make any representation or warranty as to specifics (such as quality, value, saleability) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does it implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Bhimart accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Bhimart shall not be responsible, in whatsoever manner, for the contents that the advertisers may publish on the Platform.
  4. Bhimart is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. Bhimart cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Platform. Bhimart is not responsible for the unsatisfactory service of the Merchant/s or the non-performance of services or damages or delays as a result of products, which are out of stock, unavailable or back ordered the Merchant/s.
  5. Bhimart is operating an online marketplace and assumes the role of facilitator. At no time shall Bhimart hold any right, title or interest over the products nor shall Bhimart have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.
  6. Bhimart is only providing a platform for communication. In case of complaints from the Buyer pertaining to quality, or any other such issues, Bhimart shall notify the same to the Merchant and shall also redirect the Buyer to the consumer call center/ customer service helpline of the Merchant. The Merchant shall be solely liable for redressing the Buyer’s complaints. In the event a Buyer raises any complaint against a Merchant accessed using the Platform, Bhimart shall assist the Buyer by providing the relevant information, such as details of the name of the Merchant and the specific order to which the complaint relates, to enable satisfactory resolution of the complaint. Bhimart shall not be responsible for redressing any complaints of buyers directed at the Merchant/s.

    Bhimart - Use of the Application

    You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
    1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
      1. belongs to another person and which you do not have any right to;
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
      3. is misleading or misrepresentative in any way;
      4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
      5. harasses or advocates harassment of another person;
      6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
      7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
      8. infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number or any other personal information, including sensitive personal data or information) or rights of publicity];
      9. promotes an illegal or unauthorized copy of another person's copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
      10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
      11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
      12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
      13. contains video, photographs, or images of another person (with a minor or an adult) that can be considered obscene;
      14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal information for commercial or unlawful purposes from other users;
      15. engages in commercial activities and/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.
      16. engages in the sale of any material prohibited under the applicable law;
      17. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
      18. interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;
      19. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
      20. harm minors in any way;
      21. infringes any patent, trademark, copyright or other proprietary rights including but not limited to intellectual property rights or third party’s trade secrets or rights of publicity or privacy;
      22. involves the sale of counterfeit or stolen products or is fraudulent;
      23. violates any law for the time being in force;
      24. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      25. impersonates another person;
      26. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
      27. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
      28. is false, inaccurate or misleading;
      29. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or creates liability for the Platform or causes the Platform to lose (in whole or in part) the services of its internet service provider or other suppliers.
      1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
      2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
      3. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or personal information, other than your own information, as provided for by the Platform.
      4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘Bhimart’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Bhimart or a Merchant on the Platform or otherwise tarnish or dilute any of Bhimart’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Bhimart’s systems or networks, or any systems or networks connected to Bhimart.
      5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
      6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
      7. You shall not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Bhimart and/or others.
      8. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Goods and Services Tax (GST), income tax, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
      9. You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to those being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails, which a user of the Platform may send to other another user (Merchant/s or buyers) in any 24-hour period, which we may deem appropriate in our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy the applicable law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Bhimart retains the right (and you hereby expressly authorize us) to disclose any information about you, a registered user of the Platform, to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with an investigation and/or resolution of possible crimes.

      Refunds and Returns

      1. In general, an item may be eligible for returns by Buyer/s within the applicable return window if it fulfils one or more of the following conditions:
        1. Was delivered in a physically damaged condition
        2. Has missing parts or accessories
        3. Is different from what was ordered
        4. Was delivered after 24 hours of the order confirmation.
      2. Products marked as "non-returnable" on the product detail page cannot be returned.
      3. Products returned by Buyer/s that satisfy the requirements stated herein shall be accepted by Merchant/s without demur.
      4. All items must be returned in their original condition, with price tags intact, user manual, warranty cards, original accessories and in the original manufacturer’s box/packaging as delivered to the Buyer. If items are not in their original condition, Merchant/s may refuse to accept the returns subject to the Platform’s consent.
      5. Only non perishable items may be eligible for replacement.
      6. If Buyer/s wish to return an electronic device that stores any personal information, it is the responsibility of the Buyer to ensure that they have removed all such personal information from the device prior to returning. Neither Bhimart nor the Merchant/s shall be liable in any manner for any misuse or usage of such information."
      7. Returns may be requested on the Orders page of a Registered User on the Platform or by calling the Customer Care number given on the ‘Contact Us’ page of the Bhimart Platform. In the event a return is requested on the Platform, an Order Issue is raised for the item in question, which will be resolved by the Issue Department of the Platform.
      8. Refunds

      9. Buyer/s shall be entitled to a refund only if they pre-pay for their order at the time of placing the order on the Platform and only in the event of any of the following circumstances:
        1. the order packaging has been tampered or damaged at the time of delivery;
        2. the Platform cancelling the order due to (A) the Buyer or Merchant/s delivery location falling outside the designated delivery zones; (B) failure by us to contact you by phone or email at the time of confirming the order booking; or
        3. you cancelling the order at the time of confirmation due to unavailability of the items ordered for at the time of booking.
      10. Our decision on refunds shall be at our sole discretion and shall be final and binding.
      Upon it’s receipt and acceptance of returned Merchandise, the Merchant will notify the Platform of its receipt of the item so that the Platform may inform the Nodal Bank to process the Buyer’s refund. In the event the payment for the product returned, has already been transferred by the Nodal Bank to the Merchant, the Merchant shall initiate the refund of the same to the Nodal Bank within a period of 24 hours from the receipt of the returned Merchandise. Upon the Nodal Bank’s receipt of said funds from the Merchant, the Nodal Bank will then initiate the refund of the funds to the Buyer.

      Services provided

      1. All services commencing from the use of the Platform shall be solely governed by the Terms of Use herein. In the event of any conflict originating out of services offered on the Platform, between Merchant/s and Buyers or any Users of the Platform, the Terms of Use contained herein will prevail. You agree and acknowledge that neither us nor the Buyer shall be liable in the event of you failing to adhere to the Terms of Use herein.
      2. You are required to share your financial details with the approved payment gateways or the Nodal Bank to facilitate payments to you. You agree to provide correct and accurate financial information to the approved payment gateways for availing the Services provided on the Platform. You agree to desist from using a bank account, which is not lawfully owned by you. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your financialinformation. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your financial information.
      1. The Platform does not offer any refunds against goods purchased from the Platform unless due to an error that is directly attributable to us and has occurred during the purchase of such product or services.
      2. We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, at our sole discretion, contact you with further instructions.
      3. You agree that if you use the Platform, you do so at your own risk.
      4. You agree that the Services shall be provided by us only during our working hours.
      5. You agree to monitor the Platform at all times during your working hours, as listed on the Platform, and complete delivery of items Ordered within the time specified by the Platform.
      6. In the event that items Ordered on the Platform are delivered late at your instance, you will be liable for a penalty of between 0.50 % and 1% of the total value of the Order that will be levied by the Platform.
      7. No Endorsement

      8. We do not endorse any Merchant or Buyer. In addition, although these Terms of Use require you to provide accurate information, and although Bhimart does conduct a verification of the details and credentials of the Merchants, you are advised to independently verify the bona fides of any particular Buyer that you choose to deal with. We will not be responsible for any damage or harm resulting from your direct interactions with other Members or Merchant/s.
      9. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
      10. General terms of use

      11. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are have attained the age of majority as per the applicable law (18 years) or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parent or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parent or legal guardian fail to agree or acknowledge the Terms of Use and Bhimart policies, you shall immediately discontinue its use. Bhimart reserves the right to terminate your Membership/ subscription and / or deny access to the Platform if it is brought Bhimart’s notice that you are under the age of 18 years.
      12. If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other information that we may provide, as part of our security procedures, as confidential and not to disclose the same to any person or entity other than us. We shall at times and at our sole discretion, reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
      13. As we are providing services in select cities in India, we have complied with the applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your own risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own risk and shall be solely responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
      14. You shall at all times be solely responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Bhimart policies to the attention of all such persons accessing the Platform on your computer or mobile device.
      15. You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
      16. You agree and grant permission to Bhimart to receive promotional text messages and e-mails from Bhimart or its allied partners. In case you wish to opt out of receiving promotional text messages or emails please send an email to contact@gmglobal.infoBy using the Platform you represent, warrant and covenant that:
    2. All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
    3. Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
    4. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
    5. You will not engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as the aforementioned terms are commonly understood and used on the Internet.
    6. You will not delete or modify any content on the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
    7. You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
      1. any part of the Platform or the Platform software; or
      2. any equipment or any network on which the Platform is stored or any equipment of any third party.
  7. You release and fully indemnify Bhimart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Bhimart cannot take responsibility or control the information provided by other Users, which is made available on the Platform. You may find other user’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
  8. Access to the Platform, Accuracy and security

  9. We endeavour to make the Platform available during Merchant working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free; free of viruses or other harmful components or that such defects will be corrected.
  10. We do not warrant that the Platform will be compatible with all hardware and software, which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
  11. We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
  12. We reserve the right to suspend or withdraw access of the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may at any time, at our sole discretion, reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
  13. Relationship with operators if the Platform is accessed on mobile devices

  14. In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
  15. Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
  16. You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and the Parties herein, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
  17. The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
  18. We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
  19. You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement.
You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual
  1. property rights, neither we nor the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  2. You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
  3. You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
  4. DISCLAIMER

  5. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
  6. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAYS OR ERRORS IN THE FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
  7. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
  8. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTIES / MERCHANTS SERVICES.
  9. WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
  10. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
  11. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR BUYER OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BHIMART’S AGGREGATE LIABILITY EXCEED THE VALUE OF THE ORDER GIVING RISE TO THE CAUSE OF ACTION.

Intellectual property

  1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
  2. You may print one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
  3. You agree to desist from modifying the paper or digital copies of any materials you have printed or downloaded in any way, and you also agree to desist from the use of any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  4. You agree to desist from the use of any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
  5. You agree that if you print, copy or download any part of the Platform in a breach of the Terms of Use herein, your right to use the Platform will cease immediately and you agree to, at our option, return or destroy any copies of the materials you have made.
  6. [You agree not to use the intellectual property rights such as trademarks or copyright belonging to the other Merchant(s) as displayed on the Platform without our prior written approval.]
  7. Treatment of information provided by you

  8. We process information provided by you to us in accordance with our Privacy Policy.
  9. Third Party Content

  10. We cannot and will not give any assurance that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

IP Notice and Take Down Policy

  1. Bhimart has put in place IP Notice and Take Down Policy (“Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
  2. Only the owner of the intellectual property can report potentially infringing products or listings through the Take Down Policy by way of Notice of infringement in the specified format. If you are not the owner of the intellectual property in question, you may still help by notifying us in the manner prescribed or getting in touch with the rightful owner and encouraging them to contact us.
(Note: Bhimart does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, Bhimart is committed to ensuring that item listings do not infringe upon the intellectual property rights of third parties once an authorized representative of the rightful owner properly reports them to Bhimart.)

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform

contact@gmglobal.info

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