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Terms And Conditions

1. Acceptance of Terms

Welcome to Esmartkart (SRSM Technologies Pvt. Ltd)("Platform," "we," "our," "us"). By accessing or using our website (esmartkart.in) and mobile applications (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). These Terms apply to all users of the Services: visitors, customers, merchants/sellers, and delivery partners.

If you do not agree to all of these Terms, you are not authorized to use our Services.

2. Definitions

  • "Platform": The eSmartKart.in website and mobile applications.

  • "User" / "Customer": Any person who browses or places an order for products or services through the Platform.

  • "Merchant" / "Seller" / "Service Provider": A business or individual that sells products or services to Users through the Platform.

  • "Delivery Partner": An individual or entity that provides delivery services for orders placed on the Platform.

  • "POS": The Point-of-Sale system provided by Esmartkart for in-store transactions.

3. Account Registration and Eligibility

  • You must be at least 18 years old and capable of forming a binding contract to use our Services.

  • You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

  • You agree to provide accurate, current, and complete information during registration.

4. Services Overview

Esmartkart is a multi-vendor platform that:

  • Connects local Merchants with Users.

  • Facilitates the sale of products and services.

  • Collects payment from Users on behalf of Merchants.

  • Provides a Delivery Partner network for order fulfillment.

  • Offers a POS system for Merchants to process in-store sales.

5. Terms for Merchants/Sellers

5.1. Product Listings and Pricing

  • Merchants have sole responsibility for the accuracy, quality, and legality of the products and services they list.

  • Merchants set their own product prices and offers/discounts.

  • All product listings must comply with applicable laws.

5.2. Platform Commission and Fees

  • The Merchant agrees to pay Esmartkart a platform commission. This commission can be structured as:

    • A percentage or fixed fee on each product/service sold and delivered via the Platform; AND/OR

    • A monthly subscription fee for access to the Platform's services.

  • The specific commission structure and subscription fees will be detailed in a separate Merchant Agreement or displayed in the Merchant's dashboard.

5.3. Payouts to Merchants

  • Esmartkart will collect all payments from Users on the Merchant's behalf.

  • Payouts of the Merchant's earnings (sale price minus platform commission) will be processed daily.

  • A minimum withdrawal limit of ₹100 applies to all payout requests.

  • The Merchant is responsible for providing correct bank account details for receiving payouts.

5.4. Merchant-Managed Delivery

  • If a Merchant uses their own delivery system, they are required to use the official Esmartkart Delivery Partner application.

  • This ensures that Users can track their orders in real-time through the Esmartkart Platform.

  • The Merchant is solely responsible for the actions and performance of their chosen delivery personnel.

6. Terms for Delivery Partners

6.1. Provision of Services

  • Delivery Partners agree to provide delivery services in a professional and timely manner.

  • They must use the official Esmartkart Delivery Partner application to receive, manage, and update order statuses.

6.2. Earnings and Payouts

  • Delivery Partners earn fees for each completed delivery, as per the rate card provided by Esmartkart.

  • Payouts of earned fees will be processed daily.

  • A minimum withdrawal limit of ₹100 applies to all payout requests.

7. Terms for Users/Customers

7.1. Orders and Payment

  • Users agree to provide accurate delivery information and to pay for all orders placed.

  • All payments are processed securely through our third-party payment gateways. Esmartkart does not store your full card details.

7.2. Returns and Refunds

  • Return and refund policies are primarily set by the individual Merchant.

  • Users must contact the Merchant directly for issues with products or services. Esmartkart acts as an intermediary to facilitate a resolution but is not liable for Merchant actions.

8. POS System

  • The POS system is provided to Merchants to facilitate in-store and direct sales.

  • Merchants are responsible for all transactions processed through their POS system and must comply with all financial and tax regulations.

  • Esmartkart may charge a transaction fee for sales made through the POS system, as detailed in the Merchant Agreement.

9. Coupons, Offers, and Advertisements

  • Merchants may create coupons and promotional offers.

  • All coupons, offers, and advertisement campaigns must be submitted for approval by the Esmartkart admin before they are published on the Platform.

  • Esmartkart reserves the right to reject, modify, or remove any promotion at its sole discretion.

10. Intellectual Property

  • The Esmartkart Platform, its original content, features, and functionality are owned by Esmartkart and are protected by intellectual property laws.

  • Merchants retain the intellectual property rights to their products, logos, and branding.

11. Limitation of Liability

  • Esmartkart is a facilitator connecting Users, Merchants, and Delivery Partners. We are not liable for any actions or omissions of Merchants or Delivery Partners, including but not limited to:

    • The quality, safety, or legality of products sold.

    • The accuracy of product descriptions.

    • The performance and timeliness of Delivery Partners.

  • To the fullest extent permitted by law, Esmartkart shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Services.

12. Termination

We may suspend or terminate your account and access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

13. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts located in [Insert Your City, State, e.g., New Delhi, Delhi].

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by posting the new Terms on the Platform. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at:

eSmartKart (SRSM Technologies Pvt Ltd)
Email: info@esmartkart.in
Website: www.esmartkart.in
Address: Office No 1, Shri Sai dham, Keshav Nagar, Mundhwa, Pune, Maharashtra 411036