Terms & Conditions
Terms and Conditions of Use Updated On 16/12/2021
The Company enables transactions on its Platform between participating dealers/manufacturers/sales agents and buyers, dealing in sale of electronic appliances ("Platform Services"). The buyers ("Buyer/s") based on the choice of specifications, can place orders ("Orders") from a variety of products and services listed and offered for sale by various sellers ("sellers"), on the Platform.
- FORM OF E-PLATFORM
It is agreed, understood and acknowledged that website is an online platform that enables the user to purchase the electrical appliances listed on the website at the price indicated therein at any time from any location. It is further agreed and acknowledged that Adofast Logistic Services Private Limited is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website that is beyond its control.
- PRODUCT RECOMMENDATIONS AND SELECTION
Any assistance offered to the user in terms of product recommendations and selection is advisory only. The User must evaluate all specification and application considerations to determine suitability for intended use. The Company SPECIFICALLY MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE.
- ACCEPTANCE OF ORDER & TERMINATION
Acceptance of any order is subject to credit approval and acceptance of order by the Company and, when applicable the Company’s suppliers. If the user’s Credit becomes unsatisfactory to the Company, the Company reserves the right to terminate upon notice to user and without liability to the Company.
- PRODUCT AVAILABILITY
The Company does not hold stock of the products listed/advertised through the Website but does its best to update the status of the product availability. All stock availability as represented on the website or by Sales Team is accurate in accordance with the current stock levels with each manufacturer, dealer, seller, however, these stock levels are subject to change without notice.
If for any reason, the Company cannot supply a product ordered by the user, the Company will intimate the same over phone or contact the user using the details provided at the checkout process to amend, cancel or put the order on backorder as agreed with the user.
The Company enables the delivery of orders initiated by the users at select localities of serviceable cities across India ("Delivery Services") by connecting with third party logistic service entities, who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform. The Platform Services and Delivery Services are collectively referred to as "Services".
The Third-party logistic service enterprises are engaged with the YODACART on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. They are independent contractors and are free to determine their timings of work. YODACART does not exercise control on the third-party logistic services entities and the relationship between them and YODACART is not that of an agent and principal or employee and employer.
For the pickup and delivery services and completing the Tasks, the third party logistic service entity may charge the users of the Platform (Buyers or Merchants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.
The acknowledged shipping dates are approximate only, and the Company disclaims all liability for late delivery. The Company is not accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time or other circumstances whether or not caused by circumstances under the Company’s control. Factory shipment or delivery dates are the best estimates of the Company’s suppliers, and in no case shall the Company be liable for any consequential or special damages arising from any delay in shipment or delivery for any reason.
- REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Adofast Logistic Services Private Limited reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Adofast Logistic Services Private Limited violates these Terms & Conditions of use and, or terminate your permission to access or use this website.
If the user posts content or submit material, and unless indicated otherwise, the user,
- grant Adofast Logistic Services Private Limited and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- grant Adofast Logistic Services Private Limited and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
It is agreed that the rights grated above are irrevocable during the entire period of protection of the intellectual property rights of the user associated with such content and material. It is also agreed to waive the user’s right to be identified as the author of such content and the right to object to derogatory treatment of such content. It is further agreed by the user to perform all further acts necessary to perfect any of the above rights granted by the user to Adofast Logistic Services Private Limited, including the execution of deeds and documents, at its request.
It is represented and warranted that the user owns or otherwise controls all of the rights to the content that is posted or that is otherwise provided on or through the website; that, as at the date that the content or material is submitted to Adofast Logistic Services Private Limited and www.yodacart.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Company policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. It is also agreed by the User to indemnify the Company and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
- LICENCE FOR WEBSITE ACCESS
Subject to the compliance with these Terms & Conditions of Use and payment of applicable fees, if any, the Company grants the user a limited licence to access and make personal use of this website/platform, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website/platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website/platform or its contents; 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/platform or any portion of this website/platform (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 the Company 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 the Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising the Company’s or its affiliates' names or trademarks without the express written consent of the Company and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by the Company and / or its affiliates, as applicable.
The user acknowledges and undertakes that he/she is accessing the services on the website and transacting at their own risk and are using their best and prudent judgment before entering into any transactions through the website. It is further acknowledged and by the user that they undertake to use the website to order products only for their personal use and not for business purposes. The Company shall neither be liable nor responsible for any actions or inactions of sellers/dealers 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. The Company shall not mediate or resolve any dispute or disagreement between the user and the sellers or manufacturers of the products.
The Company 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 precautions are taken 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. The Company 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 the company nor shall the Company have any obligations or liabilities in respect of any transactions on the website.
The User acknowledges that the Company has no control over, and no duty to take any action regarding which User gain access to the Website and/ or services what Products, content User accesses and/ or uploads, posts, emails, transmits and/ or otherwise contribute via the Website and/ or services what effects the Products, content may have on User and/ or any third party how User may interpret and/or use the Products and/or what actions User may take as a result of having been exposed to the Products and/or content. User releases the Company from all liability for User having acquired or not acquired Products, content through the Website and/ or services. The Website and/ or services may contain, or direct User to sites and/ or services containing, information that some people may find offensive and/or inappropriate. The Company makes no representations concerning any content contained in or accessed through these websites and/ or services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the products, material contained in, or accessed or purchased through these websites and/ or services. The services, Products, materials, information, content, Website and/ or any software are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement except as provided in the Warranty Terms of the said Products given by respective manufacturer of the said Products. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.
Changes are periodically made and added to Website and to the information herein. The Company, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes to this Website at any time.
The user agrees that the company or any of its employees will not be held liable by the user for any loss or damages arising from your use of, or reliance upon the information contained on the Platform, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Company’s reasonable control.
The Platform and/ or services contain views, opinions and recommendations of users of the Platform and/ or Services, advertisers, third party information providers and organizations. The Platform does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the Platform and/ or services by anybody other than the Company.
The user agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that the Company has no control over such matters. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the user, the Company does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
The Company and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Platform.
The Company shall not be liable for any failure by the user or third party making payment of Fees to properly protect data from being seen on their screen by other persons or otherwise obtained by such persons, during
the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.
- THIRD PARTY SERVICES AND CONTENT
- INDEMNITY AND RELEASE
The user shall indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms & Conditions of Use or any document incorporated by reference, or user’s violation of any law, rules, regulations or the rights of a third party.
It is agreed that the user hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that the user may have in this behalf under any statute, contract or otherwise.
Use of YODACART is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If the user is a minor i.e. under the age of 18 years, then they may use the platform only with the involvement of a parent or guardian.
In a circumstance beyond the control of the company or the delivery agent or the authorised representatives, there is a scope for damage or delivery of a defective product. In such a case, the company would send technicians to the location where the product was delivered to assess the damage or defect. Only on the assessment and confirmation by the technician appointed by the Company, a replacement of the product will be made within 7 days from the date of confirmation by the technician.
In addition to the confirmation by the technician, Replacement will be processed only if the following conditions are satisfied:
- The product was not damaged while in the customer’s possession.
- The product is not different from what was originally shipped.
- The product is returned in its original condition along with the brand/manufacturer box, MRP tag intact, user manual, warranty card and all in-the-box accessories.
The Company has a separate cancellation Policy and the terms as stated therein will apply for the transactions made through the website or the application developed by the Company.
- DELIVERY & INSTALLATION
Once the customers place the order through the website or the mobile application, the Company will identify the authorised dealer to execute the order. Once the authorised dealer is identified, through the third- party logistics, the delivery of the products will be made. Such third-party dealers will pick-up the products from the authorised dealer’s location and deliver the products to the customer’s location without any damage to the products. Further, the Company will ensure installation of the products if needed through the authorised dealers.
- PROCESS OF PLACING ORDER/DOCUMENTATION
Once the user adds their personal information and creates a login, they are eligible to place orders on the Platform. Once the order is placed by the user, the acknowledgment of the order placed, will be sent to the registered email and mobile number of the user. Further, an invoice listing the price and the delivery fee of the products ordered will be shared with the email and the mobile number as provided by the user.
The user acknowledges and agrees that the company shall use payment gateways for processing/receiving the payments by the users against the order placed through the website or the application.
The company assume no liability whatsoever for any monetary or other damage suffered by the Applicant on account of:
- the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
- Any interruption or errors in the operation of the Payment Gateway.
In case of any refunds arising due to extraordinary circumstances, the same will be processed within a period of 7 days from the date of raising such claim.
- WARRANTY AGAINST THE PRODUCTS
The Company does not provide any warranty in addition to the warranty provided by the manufacturer of the product. The Company is in no way responsible for any technical service or assistance in any manner for the functioning/ better functioning of the product. The user hereby acknowledges that the claims against warranty can only be raised against the manufacturer and not against the company.
Free gifts given with any of the Product purchased from the Website will not be exchanged and/or covered under any kind of warranty.
When a user visits the Platform, they are communicating with the Company electronically. At such a circumstance, the user will be required to provide a valid phone number while placing an order with the Company. The Company may communicate with the user by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, the user consents to receive communications (including transactional, promotional and/or commercial messages), from the Company with respect to usage of the website and/or the order placed on the website.
The Company will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both user and the Company when the user commenced using the website.
- ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
The Company reserves the right to make changes to the platform, policies, and these Terms & Conditions of Use at any time. The user will be subject to the policies and Terms & Conditions of Use in force at the time that they use the website/platform or order goods, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by the user). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- FORCE MAJURE
The Company will not be held responsible for any delay or failure to comply with the obligations under these conditions if the delay or failure arises from any cause which is beyond their reasonable control. Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website/Platform and/or contents provided for availing the Products and/or services under the Website/Platform, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder.
- GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.