Terms of use

PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING IF YOU DO NOT AGREE TO ALL OF THESE TERMS,

DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM

By impliedly or expressly accepting these Terms, you also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Privacy Policy), as maybe amended, updated and modified from time to time.

Additional terms and conditions may apply to You in respect of availing specific services and/or to specific portions or features of the Platform, including but not limited to, Services, any other additional services as may be offered by us from time to time, contests, offers, schemes, promotions or other similar features, all of which terms are to be read as part of these Terms. You agree to abide by such other terms and conditions, including, where applicable, representing that You have the legal capacity to use or participate in such service or feature.

If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any specific service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific service. Valor Retail expressly reserves the right at any time, to add to and/or alter, modify, change or vary all or any of the terms and conditions or to replace wholly or in part, the contests, offers, schemes, promotions etc. with another contest, offer, scheme, promotion etc. or to withdraw it altogether.

These Terms of Use shall come into force with effect from 13th June 2023.

APPLICATION AND ACCEPTANCE OF THE TERMS

Your use of the Platform and Valor Retail’s services, features, functionality, software and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document and any other rules and policies of the Platform that Valor Retail may publish from time to time.

You must read Valor Retail Privacy Policy which governs the collection, use, and disclosure of personal information about Users. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

PROVISION OF SERVICES

You must register on the Platform in order to access and use the Services. Further, Valor Retail reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Valor Retail may impose in its discretion.

In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. Valor Retail disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).

User agrees and confirms that any Services provided to you by Valor Retail are on best efforts basis and Valor Retail may engage services of third party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.

User acknowledges that the Services are being provided to you on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.

Valor Retail may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with Valor Retail.

ELIGIBILITY

The Platform is available for use and access to Users who can form legally binding contracts. For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.

User must not use the Platform and its Services for their personal use and the Platform shall be used by the User only for their business purposes.

USER ACCOUNTS AND VERIFICATION OF ACCOUNT

User must be registered on the Platform to access or avail the Services for its commercial purposes. You agree and acknowledge that you will transact on the Platform only for your business purposes and not for personal use. Except with Valor Retail’s approval, one User may only register one account on the Platform. Valor Retail may cancel or terminate a User’s account if Valor Retail has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, Valor Retail may reject User’s application, without assigning any reasons thereof, for registration for any other reason.

A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on your user account on the Platform or by using the unique OTP will be deemed to have been authorised by you and with your express consent. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
When you access the Platform you are electronically communicating with Valor Retail. Valor Retail may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Valor Retail with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from Valor Retail.
While registering the User account on the Platform you will be required to furnish details about you and with respect to your business including without limitation, business name, GSTIN, PAN, TAN, Udyog Aadhar, address, phone number and/ or any other information that may be required by Valor Retail to provide in relation to your business. You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your user account information. If any information provided by you is found to be incorrect or misleading, Valor Retail reserves its right to take appropriate steps as set forth under Clause 7 of these General Terms. For the purposes of verification of your account information, you agree that we may share your information with such third party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you and your business, from time to time and you consent to provide such additional information to continue using the Platform.

GENERALLY,

You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Valor Retail, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
Valor Retail may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that Valor Retail has no control over such third parties’ web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
You agree not to undertake any action which may undermine the integrity of Valor Retail’s feedback system.
You agree that the Services shall be availed by you only for commercial purposes that is for sale or purchase of products for further distribution or sale. You further agree that you will not use the Platform or any of its Services thereof for your personal use or consumption.
By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to Valor Retail or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to Valor Retail to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to Valor Retail that you have all the rights, power and authority necessary to grant the above license.
User agrees, undertakes, and confirms that User’s use of Platform shall be strictly governed by the following binding principles:
User shall not host, display, upload, modify, publish, transmit, store, update or share any information which:
belongs to another person and to which User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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 or otherwise inconsistent with or contrary to the laws in force;
is misleading in any way;
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;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or messages using Valor Retail’s communication Platform;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
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 rights of publicity;
promotes an illegal or unauthorized copy of another person’s copyrighted work, 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;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
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 identifying information for commercial or unlawful purposes from other Users;
engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms of Use, Valor Retail’s prior written consent means a communication coming from Valor Retail’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;
interferes with another user’s use and enjoyment of the Platform or enjoyment of any similar Services;
refers to any website or URL that, in 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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonate another person;
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, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
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 any other nation.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt 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.
shall not create liability for Valor Retail or cause Valor Retail to lose (in whole or in part) the Services of our internet service provider (“ISPs”) or other suppliers.
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
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 on the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content on the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Valor Retail reserves its right to bar any such activity.
You shall not make any defamatory or denigrating statement(s) about Valor Retail, or our brand name or domain name used by Valor Retail including the terms Valor Retail, Valor Retail Express, Valor Retail.com, or otherwise act in any manner that might tarnish the reputation or standing, of Valor Retail or Users on the Platform or otherwise tarnish or dilute any of Valor Retail’s trademarks, service marks, trading name, or the goodwill associated with them.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time.
User 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.
Unless expressly permitted, User 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. User shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other User, including any account on the Platform not owned by User, 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 information, other than User’s own information, as provided for by the Platform.
Each User agrees to indemnify Valor Retail, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your submission, posting or display of any User Content; (ii) from your use of the Platform or Services; (iii) from your breach of the Terms or breach of any applicable laws, including tax laws; (iv) any service availed by you from a third party service provider using any dispute inter-se Users; and/or (vi) your negligence or wilful misconduct.
Each User shall at all times, adhere to our Code of Conduct available at https://Valor Retail.com/pages/code-of-conduct/md, while discharging its obligations under the Terms.

BREACHES AND SUSPENSION

If any User breaches any Terms, or if Valor Retail has reasonable grounds to believe that a User is in breach of any Terms, or could subject Valor Retail or its affiliates to liability, or is otherwise found inappropriate or unlawful in Valor Retail’s opinion, Valor Retail shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
suspending or terminating the User’s account and any and all accounts determined to be related to such account by Valor Retail in its discretion;
blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
removing any product listings or other User Content that the User has submitted, posted or displayed;
withhold settlement of payments by Valor Retail to the User;
any other corrective actions, discipline or penalties as Valor Retail may deem necessary or appropriate in its sole discretion.
Valor Retail does not pre-screen any content or information posted, published or transmitted on the Platform by the users and Valor Retail is under no obligation to pre-screen any such content or information. However, Valor Retail may at its discretion and/or in accordance with applicable law may voluntarily take down any content or information posted by you on the Platform and if Valor Retail determines that any content or information is in violation of these Terms, Valor Retail may remove such content or information from the Platform without notice. Such actions do not in any manner negate or dilute Valor Retail’s position as an intermediary or impose any liability on Valor Retail with respect to content or information posted, published or transmitted by users on the Platform.
Notwithstanding anything contained herein these Terms, Valor Retail may with or without notice and in its sole discretion be entitled to suspend, reduce visibility of the product listings, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform, performance of the User on the Platform, etc.
In the event a User becomes inactive or if no transaction is noticed by Valor Retail, in such a case Valor Retail reserves its right to delist, deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User.
Valor Retail reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, Valor Retail may disclose the User’s identity and contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.
If it comes to the knowledge of Valor Retail or Valor Retail reasonably believes that any User has availed any Services to obtain any product/service for its personal use or consumption or for any purpose other than a commercial purpose, Valor Retail shall have the right in its sole discretion, without intimation to the User, to take action such as but not limited to suspending or terminating the User’s account and any and all accounts determined to be relation to such account.

LIMITATION OF LIABILITY AND INDEMNITY

To the maximum extent permitted by law, the Services provided by Valor Retail on or through the Platform are provided “as is”, “as available” and “with all faults” , and Valor Retail hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
To the maximum extent permitted by law, Valor Retail makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Platform; Valor Retail does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the platform does not violate any third party rights; and Valor Retail makes no representations or warranties of any kind concerning any product or service offered or displayed on the platform. Except as provided herein, to the fullest extent permissible by applicable law, the aggregate liability of Valor Retail for any claims that may arise in connection with these terms shall not exceed an amount of INR 1000/-.
Under no circumstances will Valor Retail be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on platform or any services availed, even if Valor Retail has been advised of the possibility of such damages.

FORCE MAJEURE

Under no circumstances shall Valor Retail be held liable for any losses, delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.

INTELLECTUAL PROPERTY RIGHTS

Valor Retail is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with Valor Retail or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by Valor Retail are hereby reserved.
“Valor Retail” and any other related icons and logos are registered trademarks of ekart Groceries Private Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Valor Retail may, at its sole discretion, permit the User(s) of the Platform, in writing, to use “Valor Retail” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by Valor Retail.
All text, graphics, photographs, trademarks, logos, and artwork available or accessible on the Platform are third party user generated content and Valor Retail has no control over such third-party user generated content as Valor Retail is merely an intermediary for the purposes of these Terms.
You shall be solely responsible for any content or information posted or transmitted on the Platform and shall indemnify Valor Retail against any claim or liability arising from any content or information posted or transmitted by You on the Platform. Any content or information such as but not limited to images, text, videos posted or transmitted on the Platform shall be licenced to Valor Retail by the User uploading such content and Valor Retail shall have the worldwide, fully paid-up, perpetual and transferable licence in such content or information for the purposes of its use on the Platform and for any purposes Valor Retail deems fit. You shall not be entitled to any payment or compensation for any usage of the content by Valor Retail.

NOTICES

All legal notices or demands to or upon Valor Retail shall be made in writing and sent to Valor Retail personally, by courier, certified mail, or facsimile to the following entity and address: 8th floor, P.M Towers, 37, Greams Rd, Thousand Lights, Chennai – 600006, Tamil Nadu
The notices shall be effective when they are received by Valor Retail in any of the above-mentioned manner.
All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Valor Retail, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as Valor Retail may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) Valor Retail is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Valor Retail posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.

BUYER TERMS
The provisions of this section II shall be applicable only to Buyer(s). These Buyer Terms shall be read in conjunction with the General Terms and in the event of any conflict between the General Terms and Buyer Terms, the provisions of Buyer Terms shall supersede and prevail.

DEFINITIONS

For the purposes of this Section, the following capitalised terms shall have the following meaning:

“Buyer” shall have the meaning as ascribed under the General Terms. For the ease of reference, the terms ‘you’, ‘your’ under this section have also been used to refer to the Buyer.

“Consignee” shall mean the Buyer or any person named in the Delivery Note or any of his/her representatives that takes the delivery of Shipment being transported.

“Dangerous Goods” includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests.

“Delivery Note” shall mean the waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the logistics services, including name, delivery address and contact number (if applicable) of the Buyer or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and COD details (if applicable).

“Logistics Services” means the shipping, delivery, including cash on delivery (“COD”) and other allied services provided by us to you pursuant to these Buyer Terms.

“Order(s)” shall mean order placed by Buyer for purchasing Products from the Valor Retail on the Platform.

“Order Detail(s)” shall mean the details relating to the Order, including without limitation, the description of Products, details of the Valor Retail and the Buyer, date of order placement, total amount payable by the Buyer, delivery date, mode of payment, unique order number (AWB number) etc.

“Product(s)” shall mean goods of any categories (other than Dangerous Goods).

“Shipment(s) / Consignment(s)” means all Products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.

BUYER’S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES

You represent, warrant and agree that:

you are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms;

you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;

you will use the Platform and Services for business purposes only;

you will not use or access the Platform for your personal purposes and any Products that you purchase shall be for commercial purposes and not for personal consumption;

the address you provide when registering your account on the Platform is the Buyer place of business of your business entity;

your business is validly existing and incorporated / established as per the provisions of applicable laws;

you shall comply with all applicable laws while using and accessing the Platform;

you and Products or services provided by you on the Platform (if any) comply with applicable laws;

you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display;

Any User Content that Buyer submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party.

Buyer will be required to provide information or material about Buyer’s entity, its business, services or products as part of the registration process on the Platform or your use of any Service or the Buyer account and such information may be required to be furnished by Valor Retail from time to time. Buyer represents, warrants and agrees that:

such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or any Services is true, accurate, current and complete; and

Buyer will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

Buyer may be required to promptly furnish additional documents or information as and when requested by Valor Retail to continue using and accessing the Platform and availing the Services. Buyer agrees to promptly provide such additional documents and information, failing Valor Retail reserves its right to take appropriate measures as set out under Clause 7 (Breaches and Suspension) of the General Terms.

Buyer consents to the inclusion of the contact information about Buyer in Valor Retail’s database and usage of the same as per Valor Retail’s privacy policy.

PAYMENTS BY BUYERS

Upon placing the Order on Platform, Buyer can opt to make payment for the Products purchased by using any of the modes of payment made available by us on the Platform, from time to time. However, it is pertinent to note and is hereby clarified that if the Buyer opts to make payments through any such mode made available by us or any third-party engaged by us for this purpose then we or the third-party engaged by us for the same shall only act in a fiduciary capacity.

At the time of placing the Order to purchase Products from Valor Retail on Platform, we may in our sole discretion require Buyer to pay a token amount equivalent to a certain percentage of the value of the Product(s) purchased from the Valor Retail (“Token Amount”). Such Token Amount payable by the Buyer shall in no event exceed the transaction amount for an Order. The Token Amount shall be non-interest bearing and shall be held in trust by us. This Token Amount shall be adjusted from payment received from the Buyer against the order delivered. In the event of any cancellation of the Order by the Buyer, once the order has been marked ‘ready to ship’ or is marked as Undelivered Shipment as defined under the Undelivered Shipment Policy by the Valor Retail, we may in our sole discretion either:

Deduct a ‘Cancellation Penalty Fee’ and refund the remaining Token Amount to the Buyer; or forfeit the Token Amount as Cancellation Penalty;

You agree and acknowledge that our decision in this regard shall be final and binding. If you do not agree to the above, you may choose not to transact on the Platform. If you continue to transact on the Platform, it shall be deemed that you have agreed and accepted the above terms.

Buyer acknowledges that it is solely responsible for the transactions / payments made to the Valor Retail for the Products purchased by the Buyer. Buyer acknowledges and agrees that we are acting merely as a payment collector and shall take no responsibility as to the legality of any payment transaction between the Valor Retail and the Buyer. We do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorised by the Buyer or its payment instructions.

In case the Buyer chooses to make the payments to the Valor Retail via post-dated cheques (if applicable), the Buyer shall ensure that such post-dated cheques are duly filled and are in the name of the Valor Retail. If such post-dated cheques are returned by the Valor Retail due to incorrect information including but not limited to incorrect amount or incorrect date mentioned on the cheque or any other reason whatsoever, in such cases, the Buyer, upon our request, shall replace such post-dated cheques with duly filled new post-dated cheques or make the payment in such other mode as may be communicated to the Buyer, as per the discretion of the Valor Retail and/or Valor Retail. It is further clarified that in case the Buyer on our request, fails to replace the post-dated cheques with duly filled new post-dated cheques or fails to make the payment in a timely manner, the Valor Retail shall reserve the right to take legal action against the Buyer. Further, Valor Retail shall have the right in its sole discretion, without intimation to the User, to take action such as but not limited to suspending or terminating the User’s account and any and all accounts determined to be relation to such account. The Buyer shall fully indemnify Valor Retail against all claims, actions, proceedings and demands including any suits, claims, disputes or such differences that are brought against Valor Retail for such failure.

Buyer acknowledges and agrees that we are acting merely as a payment collector, solely in a fiduciary capacity, and shall take no responsibility as to the legality of such post-dated cheques. In our capacity as a payment collector, for the collection of post-dated cheques, we may charge an administrative fee. Such fee shall be subject to applicable taxes.

We further reserve the right to discontinue the provision of the facility of post-dated cheque collection, as per our discretion and without any prior intimation.

We will transmit the payments for the Orders received from the Buyer in the manner as set forth under the settlement process of Valor Retail Terms. You hereby agree to be bound by the applicable provisions of the Valor Retail Terms in this regard and agree not to raise any dispute with respect to the manner of settlement by Valor Retail.

You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to making payments on the Platform.

Buyer hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on Platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of Valor Retail, deficiency of service and/or Products delivered, technical errors on the Platform. You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you on the Platform.

In case of an occurrence of a chargeback event, we reserve our right to withhold the settlements to Valor Retail, pending enquiries by the banks or any regulatory body till the resolution of such issues.

Buyer shall comply with all the applicable regulations/ laws in relation to cash transaction as stipulated under the applicable tax laws.

Any refunds shall be subject to the Return Shipments Policy and Undelivered Shipment Policy. Refunds shall be processed in the same manner as they are received. Refund amount will reflect in the Buyer’s bank account based on respective banks policies.

If you avail service from any third-party service provider using the Platform, upon receipt of instruction from such third-party service provider, you agree and authorise us to remit and settle such collected payments (after deduction of our fees (if any) and any other charges or taxes applicable under tax laws) to the designated bank account of the third-party service provider within such timelines as mentioned in the settlement process of Valor Retail Terms. You agree and acknowledge that no separate authorisation will be required by us to collect and transfer payment to such third-party service provider.

LOGISTICS SERVICES

We reserve the right to engage the services of third-party service providers to provide the Logistics Services to you.