Explomart

Terms & Condition

Contractual Relationship

These Terms of Use ("Terms") govern the access or use by you, an individual, from within India of applications, websites, content, products, and services (the “Services”) made available by Explomart, which is a proprietorship company established in India, having its registered office at- Flat No-1, 3rd Floor, Adhiralaya Apartment, Debigarh-2, Madhyamgarm (M), North 24 Paraganas, Kolkata-700129, West Bengal (Explomart)

Please read these conditions carefully before using the Explomart.com website and Application (App). By using the Explomart.com website and Application (App), you signify your agreement to be bound by these conditions.

Your access and use of the Services and products purchases constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Explomart.

If you do not agree to these Terms, you may not access or use the Services and may not purchase products from explomart.com. These Terms expressly supersede prior written agreements with you.

These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

• Conditions Relating to Your Use of explomart.com
• Notice and Procedure for Making Claims of Infringement
• Notice and Procedure for Notifying Explomart.com of Objectionable Content

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Explomart Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

B.Condition of Use (Products and Services)

B.1 The Services

Explomart.com will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as a user of explomart’s mobile application (each, an " Application") or Website to:

(a) arrange and schedule home-based services with independent third party providers of those services, who have an agreement with Explomart or its affiliates (“Third Party Providers”); and

(b) facilitate payments to Third Party Providers for the services and receive receipts for those payments. The Services are made available solely for your personal, non-commercial use, unless Explomart has agreed with you otherwise in a separateagreement.

You acknowledge that Explomart does not provide home-based services and that all such home-based services are provided by independent third party contractors who are not employed by Explomart or any of its affiliates. Explomart accepts liability for the Services and the explomart Platform that it provides to you subject to these Terms. Third Party Providers are responsible for the services they provide to you

B.2 License.

Subject to your compliance with these Terms, Explomart grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license

to:

• access and use the Explomart Platform on your personal device solely in connection with your use of the Services; and
• access and use any content,information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rightsnot expressly granted herein are reserved by Explomart and Explomart’s licensors.

B.3 Restrictions.

You may not:

• remove any copyright, trademark or other proprietary notices from any portion of the Services;
• reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit theServices except as expressly permitted by Explomart;
• decompile, reverse engineer or disassemble the Services except as may be permitted by

applicable law;

(iv) link to, mirror or frame any portion of the Services;

(v) cause or launch any programs or scripts for the purpose of scraping, indexing,surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the

Services; or

(vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

B.4 Provision of the Services.

You acknowledge that portions of the Services may be made available under explomart’s various brands or request options. You also acknowledgethat the Services may be made available under such brands or request options by or in connection with:

• certain of explomart’s subsidiaries and affiliates; or
• independent Third Party Providers.

B.5 Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that Explomart does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content.

Explomart does not endorse such third party services and content and in no event shall Explomart be responsible or liable for any products or services of such third party providers.

Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft

Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible forthe provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable thirdparty beneficiary’s terms of service.

B.6 Ownership.

The Services and all rights therein are and shall remain Explomart’s property or the property of Explomart’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

• in or related to the Services except for the limited license granted above; or
• to use orreference in any manner Explomart names, logos, product and service names, trademarks or services marks or those of Explomart’s licensors.
  
  

B.6 Your use of the services.

B.6.1 User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (" Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Explomart certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Explomart in writing, you may only possess one Account.

B.6.1 User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your

Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

B.6.2 Discrimination.

Explomart prohibits discrimination against Third Party Providers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic that may be protected under applicable law. Such discrimination includes, but is not limited to, any refusal to accept services based on any of these characteristics. If it is found that you have violated this prohibition you will lose access to the Explomart.com platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.

B.6. 3 Text Messaging/Email

By creating an Account, you agree that the Services may send you text (SMS) messages or email as part of the normal business operation of your use of the Services.

You may opt-out of receiving text (SMS) messages or email from Explomart at any time by informing Explomart of your decision to stop receiving such text (SMS) messages or email. You acknowledge that opting out of receiving text (SMS) messages or email may impact your use of the Services.

B.6. 4 Promotional Codes.

Explomart may, in Explomart’s sole discretion, create promotional codes/Offers that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Explomart establishes on a per promotional code basis ("Promo Codes").

You agree that Promo Codes:

• must be used for the intended audience and purpose, and in a lawful manner;
• may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unlessexpressly permitted by Explomart.com;
• may be disabled by Explomart at any time for any reason without liability to Explomart;
• Mayonly be used pursuant to the specific terms that Explomart.com establishes for such Promo Code;
• are not valid for cash; and
• may expire prior to your use. Explomart reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you orany other user in the event that Explomart’s reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

C.Your use of the Products

C.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. Should you wish to order products for business purposes, please create a business account on explomart.com/seller. Explomart.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

1. Privacy

Please review our Privacy Notice, which also governs your visit to Explomart.com, to understand our practices. The personal information / data provided to us by you during the course of usage of Explomart.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.

E.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 Explomart 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 sellers on Explomart.com.

1. Licence for Website access

Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Explomart.com (seller page) seller grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Explomart.com (Seller page) and / or its affiliates, as may be applicable. This licence does not allow to any resellerof any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Explomart.com (seller page) and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Explomart.com and its affiliates without express written consent.

G.Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Explomart.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following.

• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
• to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam.

H.Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of explomart’s, its affiliates or its content suppliers and is protected by India copyright, authors' rights and database right laws.

I.Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Explomart.com nor shall Explomart.com have any obligations or liabilities in respect of any transactions on the website.

1. Conditions of Sale (between Sellers or service provider and the Customer)

Please read these conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the explomart.com (the website). These conditions signify your agreement to be bound by these conditions.

In addition, when you use any current or future explomart.com service you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.

J.1. Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products& services on the website by us to you.

J.2. Our Contract

Your order is an offer to us to buy the product(s) or services in your order. When you place an order to purchase a product/Services from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s)/Services ordered. We only accept your offer, and conclude the contract of sale for a product/Services ordered by you, when the product/ service is dispatched to you and an e-mail confirmation is sent to you that the product/services has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s)/service specified in that Dispatch Confirmation E-mail.

Your contract is with us (the Sellers) and you confirm that the product(s) / services ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

Please note that we sell products/services only in quantities which correspond to the typical needs of an average household. This applies both to the number of products/services ordered within a single order and the placing of several orders for the same product/services where the individual orders comprise a quantity typical for a normal household.

J.3. Returns

Please review our Returns Policy, which applies to products sold by us.

J.4. Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products and services from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.

1. Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Explomart Platform and any updates thereto. Explomart does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

1. L. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods& services is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kolkata.