Terms and Conditions

1. Introduction

 1.1. This page sets out the terms and conditions which govern the use of the website (https://buymotesmart.com/) and the “Buymote Smart” mobile application for mobile and handheld devices (the “App”), and the privacy policy in connection with the Website/App is available at https://buymotesmart.com/terms-conditions.php and the returns and replacement policy in connection with the Website/App is available at https://buymotesmart.com/terms-conditions.php, each of which, along with any other policies as made available on the Website and App, shall be deemed to have read, understood and consented to by you of your own free will. 

 1.2. The Website and App are owned and operated by Buymote (hereinafter referred to as “we”, “us”, “our”, “Company” or “Buymote Smart”). The Company is a private limited company registered under the Companies Act, 2013, bearing the registration number and having its registered office at TR Garden, 1st St, Chettiyar Agaram, Moorthy Nagar, are registered trademarks of the Company and the usage of the same shall be dealt with in the manner set out in the User Terms. 

 1.3. The User Terms, Privacy Policy, Returns and Refunds Policy and other policies published on the Website and/or App are between the Company and users of the Website/App (hereinafter referred to as “you”, “your” or “User”) and describe the terms on which the Company offers you access to the Website, the App and the services availed and products purchased through use of the Website/App (the “Services”). Please read the User Terms, Privacy Policy and the Returns and Replacements Policy carefully before using the Website/App.

 1.4. We reserve the right to modify/update the whole or any part of the User Terms, Privacy Policy, Returns and Replacements Policy and other policies in connection with the Services at any time without providing prior notice to you. It is your responsibility to review the User Terms, Privacy Policy and the Returns and Replacements Policy, periodically and every time you wish to use the Website/App for modifications/updates. Your continued use of the Website/App will mean that you accept and agree to be bound by such modified/updated User Terms, Privacy Policy and the Returns and Replacements Policy, as applicable. As long as you comply with the User Terms, Privacy Policy and the Returns and Replacements Policy, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website and the App.

 1.5. If you are accessing the App, then while the User Terms will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple’s iTunes, Android’s Play Store, Microsoft’s store from time to time) which will govern the use of the App. These additional terms to the extent applicable are hereby deemed to be incorporated in the User Terms, Privacy Policy, Returns and Replacements Policy, and other policies hosted on the Website/App, by way of reference.

 2. Binding Contract

 2.1. The User Terms, Privacy Policy, Returns and Replacements Policy and other policies hosted on the Website/App constitute the entire contract between the User(s) and Buymote Smart with respect to the Services (or any of them), superseding any prior written or oral contracts in relation to the subject matter herein. By installing, browsing and/or using any of the Services, including the purchase of the products through the Website/App, you signify your acceptance of the User Terms, Privacy Policy, Returns and Replacements Policy and other policies hosted on the Website/App, which takes effect on the date on which you install, browse and/or use the Services (or any of them), and create a legally binding arrangement to abide by the same. By accepting User Terms, Privacy Policy, Returns and Replacements Policy, you also accept and agree to be bound by Buymote Smart’s policies, as amended, from time to time. 

 2.2. You expressly understand and agree that: (a) your use of this Website/App and the Services and materials provided at the Website/App are at your sole risk; and (b) the materials may contain inaccuracies and typographical errors. Buymote Smart, its affiliates and service providers do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website/App. You acknowledge that any reliance on the material or any opinion, advice, statement, memorandum, or information shall be at your sole risk. Further, the Website and/or the App may be subject to upgradation, as and when required and therefore, some functions and features may not be fully operational during those periods.

2.3. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Website/App or any portion of it unless expressly permitted by Buymote Smart in writing. You may not make any commercial use of any of the information provided on the Website/App or make any use of the Website/App for the benefit of another business unless explicitly permitted by Buymote Smart in advance. Buymote Smart reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Buymote Smart believes that the user’s conduct violates applicable law or is harmful to Buymote Smart’s interests or in violation of these User Terms.

 2.4. Buymote Smart, its affiliates and other third-party service providers (as to their materials only) reserve the right, in their sole discretion, to correct any errors or omissions in any portion of the Website/App. We use reasonable efforts to provide you with accurate information. We reserve the right, however, to make corrections and/or changes should this information prove to be inaccurate. Buymote Smart, its affiliates and third-party service providers (as to their materials only) may make any other changes to the Website/App, the materials and the products, programs, services or prices (if any) described in the Website/App at any time without notice. 

 2.5. This Website/App, the Services, information and materials on the Website/App as well as any software made available on the Website/App, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, noninfringement, or fitness for any particular purpose. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. Nothing herein shall to any extent substitute for the independent investigations and the judgment of the User. 

 2.6. PLEASE READ THE USER TERMS, PRIVACY POLICY, AND THE RETURNS AND REPLACEMENTS POLICY CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE/APP OR ACCESSING ANY SERVICE. IF YOU DO NOT AGREE WITH THE USER TERMS, PRIVACY POLICY AND THE RETURNS AND REPLACEMENTS POLICY, PLEASE DO NOT USE THE WEBSITE/APP.

 3. Buymote Smart Business Model

 3.1. Buymote Smart operates both physical supermarkets and an online e-commerce platform, offering groceries and other daily and personal essentials. Buymote Smart partners with top brands and local producers to offer a diverse selection of products meeting the quality expectations of Buymote Smart.

 3.2. Buymote Smart provides easy access to groceries and household items from the comfort of your home, featuring reordering options, wish lists, and personalized recommendations to make grocery shopping more convenient, efficient, and accessible. Users can explore our extensive catalogues through our App.

 3.3. Buymote Smart offers to all its users the option to join its Loyalty Program through which users can earn and redeem loyalty points with purchases made through the app, enjoying rewards on future orders.

 4. Ordering

 4.1. All orders can be placed through the App only after the user registration has been approved by Buymote Smart. The users can download the App from the Play Store, App Store, or via authorized referral links; and after downloading the App, the users can register as per the procedure provided herein. 

 4.2. Once registered on the App, you can view product images and descriptions provided by Buymote Smart. You can add desired products to the cart by selecting them from the catalogue.

 4.3. After adding products to the cart, you can review your order on the order confirmation page and proceed to the payment page. The payment page on the App allows users to choose their preferred payment method from the options offered by Buymote Smart.

 4.4. The User can choose to either pay online through options which may from time to time include net banking, unified payment interface, select credit cards, select debit cards, Buymote Smart wallet, select electronic wallets, or where the option is provided by Buymote Smart based on the delivery address of the User,  through cash on delivery.

 4.5. Buymote Smart does not guarantee the success of payment through any online payment mode available on the App and success of payment through online payment modes shall depend solely on the relevant financial institution processing the payment. 

 4.6. Once the order is placed, Buymote Smart will send a confirmation message through WhatsApp and/or email. Upon written request by the User to the designated email address of Buymote Smart, a confirmation SMS can also be sent.

 4.7. By placing an order through the App, you agree to be bound by the User Terms, Privacy Policy, Returns and Replacements Policy and other policies hosted on the Website/App. You agree to take adequate care while placing the order and when providing us with your details and warrant that these details are complete and accurate so as to enable Buymote Smart to facilitate the delivery of the goods, documents and articles (“Consignment”). 

 4.8. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Buymote Smart cannot and will not be liable for any loss or damage arising from your failure to comply with the aforesaid requirements in this paragraph.

 4.9. An order will not be accepted in the event of the designated address being outside the delivery zone in which we operate. We reserve the right to include and remove, at any time, the delivery zones where we operate without any prior notification to the users of the Website/App. 

 5. Our Contract of Sale

 5.1. Listing and display of products by us on the Website/App is our invitation to you to make an offer for purchase of such products. Likewise, the placement of an order on the Website/App by you is your offer to buy the product(s) from us.

 5.2. If your order is accepted by us, we reserve the right (but shall not be obliged) to confirm the same to you via confirmation email, confirmation WhatsApp communication, or through the Website/App, or on written request from the User a text message/ short message service (“SMS”), or such other modes as determined appropriate by Buymote Smart.

 5.3. The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

 5.4. We only accept your offer and conclude the contract of sale for a product ordered by you, when the product is shipped or dispatched to you and an email and/or registered mobile number confirmation is sent to you that the product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

 5.5. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Shipment Confirmation.

 5.6. Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Website/App in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased products. While we shall make every endeavor to share prompt reminders and notifications relating to the delivery of purchased product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you. 

 5.7. Your contract is with us and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell products only in quantities which correspond to the usual requirements of an average household/consumer. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household/consumer.

 5.8. All orders placed on the App are subject to the availability of such products, our acceptance of your offer as per the above and your continued adherence to these User Terms.

 5.9. You hereby authorize us to declare and provide declarations to any governmental authority on request on your behalf, including that the products ordered by you are for personal, non-commercial use.

 5.10. The App displays confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. The App offers details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order.

 5.11. If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service or email address above to correct the error. Modification requests pursuant to this paragraph shall not be entertained after the lapse of 4 (four) hours from the time of placing the order. 

 5.12. While Buymote Smart strives to provide accurate product and pricing information, pricing or typographical errors may occur. Buymote Smart cannot confirm the price of an item until after you place the order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Buymote Smart shall have the right, at Buymote Smart’s sole discretion, to refuse or cancel any orders placed for that item. In the event thatan item is mispriced, Buymote Smart may, at Buymote Smart’s discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 6. Eligibility for use

 6.1. The use of the Services are available only to those individuals and bodies corporate who can enter into legally binding contracts under applicable law. Persons who are incompetent to contract under applicable law are not eligible to use the Services. 

 6.2. Orders are accepted from Users who are 18 (eighteen) years of age or above. However, if you are a minor i.e. under the age of 18 (eighteen) years, you may use the Website/App under the supervision of a parent or legal guardian who agrees to be bound by the User Terms, Privacy Policy and the Returns and Replacements Policy.  

 6.3. By using the Website and/or the App you warrant and confirm that you have the legal right, authority and capacity to enter into and be bound by the User Terms, Privacy Policy and the Returns and Replacements Policy. 

 7. User Accounts 

 7.1. In order to avail the Services, you would be required to register by creating a user account via the App. During the registration process you will be invited to choose a desired username, provide a valid mobile number and email address and will be provided with an option to set a password which will be unique to you. 

 7.2. Once the details are submitted, the User will receive a one-time password on their mobile number and/or email address. After validation by entering the one-time password and subject to verification of the other information provided by the User, Buymote Smart will approve the User’s registration.

 7.3. You agree and confirm that you shall (a) provide accurate, truthful, current and complete information while creating your account; and (b) in all your dealings through the Website/App (i) maintain and promptly update your account information; (ii) maintain the security of your account by not sharing your password with others and restricting access to your account and your device; (iii) promptly notify Buymote Smart if you discover or otherwise suspect any security breaches relating to your account, the App or the Website; and (iv) take responsibility for all activities that occur under your account and accept all risk of unauthorized access to the same. By registering, accessing or using the Website/App, the User accepts the User Terms, Privacy Policy and the Returns and Replacements Policy in totality.

 7.4. Buymote Smart reserves the right (but shall not be obliged) to confirm and validate the information and other details provided by you in the course of your use of the Website/App. If upon such confirmation any detail furnished by you are found, or are reasonably believed, to be inaccurate, false, misleading or fraudulent, Buymote Smart shall, in its sole discretion, have the right to reject your registration and debar you from using the Services without any intimation to you, and Buymote Smart assumes no responsibility and shall not be liable for any such act on its part. Further, Buymote Smart in its sole discretion, has the right to suspend or terminate your access to the Website/App. You agree that Buymote Smart will not be liable to you or any third party if Buymote Smart terminates your access to the Website/App, and the Services or materials thereon, for any reason.

 7.5. In the event the system is unable to establish unique identity of the User against a valid mobile number or email address, the user account shall be indefinitely suspended by Buymote Smart without any liability on its part, whatsoever, until you provide your latest and valid mobile number and/or email address. 

 7.6. In case you detect that an error occurred when entering your personal data during your registration as a user on the /App, you can modify them on the App. In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting us, as well as exercising the right of rectification contemplated in our Privacy Policy through the Website or App, or the information provided therein.

 7.7. Except for the information you submit during the registration process or during the use of any other service offered through the Website/App (the “Permitted Information”), Buymote Smart does not want you to, and you should not, send any confidential or proprietary information to Buymote Smart or its affiliates via the Website/App. In accepting these User Terms, you agree that any information or materials that you or individuals acting on your behalf provide to Buymote Smart or its affiliates other than the Permitted Information will not be considered confidential or proprietary. By providing any such information or materials to Buymote Smart or its affiliates, you grant to Buymote Smart an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and sub-license to others such information and materials, and you further agree that Buymote Smart and its affiliates are free to use, and allow others to use, any ideas, concepts or know-how that you or individuals acting on your behalf provide to Buymote Smart or its affiliates. You further recognize that Buymote Smart does not want you to, and you warrant that you shall not, provide any information or materials to Buymote Smart or its affiliates that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. 

 7.8. Buymote Smart also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time, without providing any prior notice, and at its sole discretion.

 8. Prices and Payment

 8.1. The Price and other charges if any (e.g. for packaging, extra waiting time, insurance, pillion rider, etc.) payable by a User will be displayed on the Website/App at the time of placing the order. The Price will be inclusive of applicable taxes and shall be final and non-refundable (on payment), unless otherwise determined by Buymote Smart. The rates published on the Website/App for calculation of the Price are subject to change/alteration by Buymote Smart at any time without any prior notice to Users. Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which Buymote Smart has sent an order confirmation.

 8.2. The financial information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account. Buymote Smart expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card or pre-paid instrument account.

 8.3. The User shall pay online on the App via the online payment modes offered by Buymote Smart at the time of making the payment and may also have the option to opt for cash on delivery (“COD”), subject to the availability of COD payment option at the pin code within which the address provided by the User is located.  The COD payment options (if made available by Buymote Smart at the time of placing the order) will be through cash and any other payment mode accepted by our Delivery Partner at their sole discretion. Refusal to pay the invoiced value and Charges at the time of delivery for COD orders will result in blacklisting of the User’s account and entitles Buymote Smart to take all necessary actions to recover the invoiced amount, Charges and the costs involved in recovering the same.

 8.4. When you make payment on the Website/App, you are confirming that the payment instrument is yours. Payment instruments are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you. 

 8.5. In addition to the Returns and Replacements Policy, the terms and conditions of your bank, applicable financial institution, credit/debit card issuing association, electronic wallet operator and/or pre-paid instrument account issuing authority may also be applicable to you. Your bank, financial institution, credit/debit card issuing association and/or pre-paid instrument account issuing authority may decline or prevent you from making electronic payments for availing the Services and Buymote Smart does not control the same and shall not be liable for the same.

 8.6. If for some reason we are unable to ship the products ordered on the App, the value of the items that are not shipped will be refunded to your Buymote Smart wallet /the original mode of payment.

 8.7. The User shall be entitled to use valid third party referral codes for purchases on the App before the expiry date of the referral code. The User can verify the validity of a referral code by entering the code on the payment page or by reaching out to our customer care.

 8.8. The User shall be entitled to redeem valid and authentic gift cards issued by Buymote Smart (“Buymote Smart Gift Cards”) for orders placed on the App or at any of the stores of Buymote Smart. The Buymote Smart Gift Cards cannot be redeemed for cash or credit and cannot be reloaded. In case of cancellation of an order, the value of the order paid using a Buymote Smart Gift Card shall be refunded only to the source Buymote Smart Gift Card subject to other terms herein. If the order value is less than the amount of the Buymote Smart Gift Card, the outstanding balance (after deduction of order value) will reflect under the same Buymote Smart Gift Card and can be used for subsequent transactions. Once issued, Buymote Smart shall not be responsible for the loss or misuse of any Buymote Smart Gift Cards.

 8.9. Buymote Smart may from time to time contract with independent third party service providers or vendors (“Delivery Partner(s)”) to facilitate delivery of goods from such Delivery Partners to Users. You understand that this will result in charges to you for the goods you receive from a Delivery Partner or other third-party courier agency as may be determined by such Delivery Partner or other third-party courier agency (“Charges”). All Charges which are not paid at the time of placing the order are due immediately on delivery of the Consignment and payment will be made to the Delivery Partner of Buymote Smart or other third-party courier agency, as applicable, by cash. Buymote Smart shall not be responsible for any discrepancy in payment of the Charges payable towards the goods purchased from the Third Party Provider.

 9. Delivery Terms

 9.1. Buymote Smart may ship from different warehouses in different countries. Buymote Smart reserves the right to split your order into several packages according to stock levels at Buymote Smart’s own discretion. We aim to deliver orders within 10 (ten) working days after orders being placed].  However, sometimes during busy sale periods, deliveries may take longer and Buymote Smart shall take all efforts to deliver the order within a reasonable timeframe and keep the User updated on the timelines. 

 9.2. Notwithstanding the timeline provided herein, the Estimated Delivery Time (“EDT”) displayed on the Website/App at the time of ordering is only indicative and approximate and may vary. Consignment will be delivered at the address designated by you at the time of ordering. 

 9.3. All order deliveries will be fulfilled by us through our Delivery Partners or, where necessary, through other third-party courier agencies. The User shall be provided with a consignment tracking number on their registered email address and/or via WhatsApp on their registered mobile number once the order placed by the User is accepted by us. The Consignment can be tracked on the website and/or mobile application of our Delivery Partner or third party courier agency, as applicable to your order. Upon the delivery of the Consignment, we shall be absolved from all risks, responsibilities and liabilities.

 9.4. You must ensure that at the time of delivery of the Consignment, adequate arrangements including access where necessary, are in place for the safe delivery of the Consignment ordered. We cannot be held liable for any damage, cost or expense, whether direct or indirect, incurred by you or any third party as a result of a failure on your part to provide adequate access/address or any other instructions or arrangements for the delivery.

 9.5. If we are unable to deliver within the EDT due to any reasons attributable to you (including failure to provide appropriate instructions), then such Consignment shall be deemed to have been delivered to you as per your order and all risks and liability in relation to such Consignment shall pass to you. 

 9.6. An undelivered Consignment will be sent back to the pick-up location (including to the Delivery Partner or third=party courier agency, as may be applicable) and charges as may be applicable for such round trip shall apply and shall be payable by the User. 

 9.7. We will take due care and reasonable efforts to deliver the Consignment in a timely manner. If you have not received your delivery in 15 (fifteen) working days or the delivery does not take place within the EDT, you may contact our Customer Care .

 9.8. Please note that it might not be possible for us to deliver the Consignment to the delivery location as per the order due to reasons and circumstances beyond our control. If this is the case, we will inform you using the contact details that you have provided to us; upon which, you can cancel the order or provide an alternative delivery location.

 10. Title and risk of loss 

 10.1. Delivery to carrier (including the Delivery Partner) shall constitute delivery to the User, and thereafter risk of loss shall pass to the User. Any claim of the User relating to damage during shipping or delivery should be made directly to the carrier. 

 10.2. Any claims by the User against Buymote Smart for shortage or damage occurring prior to such delivery to carrier must be made within 5 (Five) days after receipt of the goods and accompanied by original invoices. 

 10.3. If goods are damaged, the User must contact the Buymote Smart customer care by phone or email to confirm eligibility for replacement. The User are required to provide Buymote Smart a clear video evidence of the damage as proof. Once Buymote Smart confirms the issue, The User should return the damaged goods by shipping the products back to Buymote Smart, and Buymote Smart will cover the cost of delivering the replacements.

 10.4. Notwithstanding passage of the risk of loss to the User, title and right of possession to the goods sold hereunder shall remain with Buymote Smart until all payments hereunder, carrying charges, etc., shall have been made, and the User agrees to do all acts necessary to perfect and maintain such right and title in Buymote Smart.

 11. Cancellation

 11.1. As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same.

 11.2. In case you make double payments for the same order, you must notify us immediately if you decide to cancel the second/duplicate order that was placed inadvertently, and quote both your order numbers. If we accept the cancellation request, we will acknowledge the request (prior to delivery of the order) with a written response confirming cancellation of the duplicate order.

 11.3. Cancellation requests must be notified to us within 24 (twenty-four) hours of placing the order. Any cancellation requests placed after 24 (twenty-four) hours of placing the order will be processed in the manner deemed fit and such actions may include the rejection of the cancellation request without any liability on us.

 11.4. No refund requests from you or your representatives will be entertained in cases where we have not confirmed your cancellation request in the manner set out  herein.

 11.5. We reserve the sole right to cancel your order under certain circumstances, including but not limited to the following:

 (a) failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or

 (b) failure due to reasons beyond our control.

 12. Representation of Products and Colours 

 12.1. As a means to assist the users in identifying the products of their choice, we provide visual representations on the Website/App including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the product, with the actual product ultimately delivered to users. The appearance of the product when delivered may vary for various reasons.

 12.2. We have made every effort to display, as accurately as possible, the colours of our products that appear on the Website/App. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. 

 13. Packing

 13.1. Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you after prior notification to us of such requirement. 

 14. Returns and Replacements

 14.1. Goods can be returned as per the Returns and Replacements Policy available at [●].

 15. Reviews and Comments 

 15.1. Except as otherwise provided elsewhere in this Agreement or on the Website/App, anything that you submit or post to the Website/App and/or provide Buymote Smart, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all intellectual property rights related thereto (excluding the moral rights such as authorship right) to Buymote Smart without charge and Buymote Smart shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Buymote Smart and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Buymote Smart in the future. 

 15.2. You warrant that your Submissions, in whole or in part, are clear and free of any intellectual property infringement, disputes or third party claims. Buymote Smart assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify Buymote Smart against any losses caused due to the use of the intellectual property of third parties by the User for any purposes on the Website/App. 

 15.3. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website/App, you also grant Buymote Smart the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the Submissions that you post on the Website/ App and that use of your reviews, comments, or other content by the Company will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead Buymote Smart or third parties as to the origin of any Submissions. Buymote Smart may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

 16. Events Beyond Our Control

 16.1. We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following: 

 (a) Strike, lockout or other forms of protest. 

 (b) Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war. 

 (c) Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster. 

 (d) Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private. 

 (e) Inability to use public or private telecommunication systems. 

 (f) Acts, decrees, legislation, regulations or restrictions of any government or public authority. 

 (g) Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

 16.2. It shall be understood that our obligations deriving from contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the contract despite the situation of Force Majeure. 

 17. Viruses and Website/App Availability

 17.1. There is always the possibility of unknowingly acquiring computer viruses on the internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the internet. Buymote Smart and its affiliates are not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to the Website/App. You, and not Buymote Smart or its affiliates, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses. 

 17.2. Buymote Smart and its affiliates assume no responsibility, and shall not be liable for, any damages caused by viruses, trojans or any other form of malware, adware and other malicious programs that may infect your computer system, mobile phone or any hardware or software used by you to access or use the Website/App or your account on the Website/App and which may have an adverse impact on your experience of browsing the Website/App. 

 17.3. If you are dissatisfied with the Website/App your sole remedy is to discontinue using the Website/App. You are expected to use adequate anti-virus software and firewalls in your device to guard against possible attacks by all kinds of malicious software. Further, Buymote Smart shall not be responsible for any delays or failures you may have in initiating, conducting and completing any transactions in connection with the Services.


 17.4. Any information disclosed or uploaded by you is at your own risk. Buymote Smart shall not be responsible in any manner for any direct, indirect, special or consequential damages, howsoever caused/arising out of any loss of such information provided to Buymote Smart.

 17.5. Buymote Smart reserves the right to modify, suspend or withdraw the whole or any part of the Website/App or any of its contents at any time without any notice or liability.

 18. Usage Conditions

 18.1. By using any of the Services you agree and acknowledge that:

 (a) You will use any or all of the Services provided by Buymote Smart only for the purposes that are permitted by (i) the User Terms, Privacy Policy and the Returns and Replacements Policy, and (ii) any applicable law and not for any fraudulent purposes or with a view to cause nuisance, annoyance or inconvenience.

 (b) You will not copy or distribute the Website/App or other Buymote Smart content.

 (c) All the calls made to Buymote Smart will be recorded by the Company for quality and training purposes.

 (d) You are solely responsible for any breach of the User Terms, Privacy Policy and the Returns and Replacements Policy and for the consequences resulting from such breach (including any loss, damage or expense suffered or incurred by Buymote Smart or its affiliates/business partners/vendors).

 (e) You may not use the Website/App in any manner which could damage, disable, overburden, or impair the Website/App or interfere with any other party’s use and enjoyment of the Website/App. 

 (f) You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website/App.

 19. Buymote Smart Loyalty Program

 19.1. The User is entitled to earn Buymote Smart loyalty points (“Buymote Smart Loyalty Points”) for the orders placed by them on the App (“Loyalty Program”). The User is entitled to 1 (one) Buymote Smart Loyalty Point for every INR 2 (Indian Rupees Two) spent on the App. 1 (one) Buymote Smart Loyalty Point is equal to INR 50 paise (Fifty Indian Paise).

 19.2. The Buymote Smart Loyalty Points earned through the Loyalty Program can be used by the User only while placing orders on the App.. A minimum of 4000 (four thousand) Buymote Smart Loyalty Points is required to be available in the User’s account to be eligible to redeem the Buymote Smart Loyalty Points. 

 19.3. The earned points will be credited post the closure of the return period of the delivered orders placed on the App. Please refer to the Returns and Replacements Policy for more information. 

 19.4. The Buymote Smart Loyalty Points of the User cannot be transferred or clubbed with the Buymote Smart loyalty points of any other user. Buymote Smart will not be responsible for any misuse of the Buymote Smart Loyalty Points.

 19.5. It is the responsibility of the User to balance of the Buymote Smart Loyalty Points from time to time by appropriate means and Buymote Smart is not obligated to provide any account statement to the User.

 19.6. Buymote Smart may discontinue the Loyalty Program for all or any of the users of the Website/App at any time without prior notice.

 20. Third Party Sites 

 20.1. As a convenience to you, Buymote Smart may provide, on this Website/App, links to sites operated by other entities. If you use these sites, you will leave the Website/App. If you decide to visit any linked site, you do so at your own risk, subject to that site’s terms and conditions of use and privacy policy that may be different from those of the Website/App. It is your responsibility to take all protective measures to guard against viruses or other destructive elements you may encounter on these sites. Buymote Smart make no warranty or representation regarding, and do not endorse, any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Buymote Smart, its affiliates or the Website/App sponsors, endorses, is affiliated or associated with, or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Buymote Smart or any of its affiliates. 

 20.2. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, the Website/App, the information, or any third-party site linked to the Website/App. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

 21. Use of Communication Services

 21.1. The Website/App may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and / or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Further, the content on the Website/App may be applied for personal use only and not for commercial exploitation. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

 (a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

 (b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

 (c) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.

 (d) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

 (e) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

 (f) Conduct or forward surveys, contests, pyramid schemes or chain letters.

 (g) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

 (h) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

 (i) Restrict or inhibit any other user from using and enjoying the Communication Services.

 (j) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

 (k) Harvest or otherwise collect information about others, including email addresses, without their consent.

 (l) Violate any applicable laws or regulations.

 21.2. Buymote Smart has no obligation to monitor the Communication Services. However, Buymote Smart reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Buymote Smart reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 21.3. Buymote Smart reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Buymote Smart’s sole discretion.

 21.4. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Buymote Smart does not control or endorse the content, messages or information found in any Communication Service and, therefore, Buymote Smart specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Buymote Smart spokespersons, and their views do not necessarily reflect those of Buymote Smart.

 21.5. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and / or dissemination. You are responsible for adhering to such limitations if you download the materials.

 22. General Terms 

 22.1. Buymote Smart may terminate, change, suspend or discontinue any aspect of the Website/App, including the availability of any features of the Website/App, at any time without notice. Buymote Smart may also impose limits on certain features and services or restrict your access to all or parts of the Website/App without notice or liability. Buymote Smart may terminate the authorization, rights and license given above. 

 22.2. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these User Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these User Terms, and the remainder of the User Terms shall continue in full force and effect. In the event of termination, the disclaimers and limitations of liabilities set forth in the User Terms will survive. 

 22.3. We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under the User Terms, Privacy Policy and the Returns and Replacements Policy without your consent or any requirement to notify you.

 22.4. Users shall not use or launch any automated system or program in connection with the Website/App or its online ordering functionality.

 22.5. Users shall not collect or harvest any personally identifiable information from the Website/App, use communication systems provided by the Website/App for any commercial solicitation purposes, solicit for any reason whatsoever any Users of the Website/App with respect to their submissions to the Website/App, or publish or distribute any vouchers or codes in connection with the Website/App, or scrape or hack the Website/App.

 22.6. No delay or failure on our part to enforce our rights or remedies under the User Terms, Privacy Policy and the Returns and Replacements Policy shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

 22.7. The rule of construction, if any, that a contract should be interpreted against the parties responsible for the drafting and preparation thereof shall not apply.

 22.8. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

 22.9. Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

 23. Representation and Warranties 

 23.1. Buymote Smart makes no representation or warranty that:

 (a) The Services shall meet the User’s requirements and shall be to the satisfaction of the User;

 (b) Access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected;

 (c) The information available on the Website/App is correct, accurate or otherwise reliable at all times; and

 (d) The quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness of a product is for a particular purpose.

 24. Limitation of Liability

 24.1. Unless otherwise indicated expressly in these User Terms, our liability regarding any product acquired on our Website/App shall be limited strictly to the price of purchase of said product. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the contents on the Website/App.

 24.2. Notwithstanding the paragraph above, and to the extent legally allowed, and unless these User Terms indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin, including: 

 (a) loss of income or sales;

 (b) operating loss;

 (c) loss of profits or contracts;

 (d) loss of forecast savings;

 (e) loss of data; and 

 (f) loss of business or management time. 

 24.3. Buymote Smart shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of any of the Services. 

 24.4. Buymote Smart shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Third Party Provider. Buymote Smart shall not be liable for delay or failure in performance resulting from causes beyond Buymote Smart’s reasonable control. 

 24.5. This Website/App is controlled, operated and administered by Buymote Smart from offices in India. Buymote Smart make no representation that materials at the Website/App are appropriate or available for use at locations outside India and access to them from territories where their contents are illegal is prohibited. You are responsible for compliance with all international and local laws, which may be applicable when you access the Website/App.

 24.6. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we disclaim all liability in the unlikely event of a breach in our secure computer servers or those of third parties.

 24.7. We cannot guarantee continuous or secure access to our services, and operation of the Website/App may be interfered with by numerous factors outside of our control. Accordingly, we exclude all implied warranties, terms, and conditions related to use thereof. 

 24.8. You must take your own precautions to ensure that the process you employ for accessing the Website/App does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website/App or any linked site.

 24.9. Due to the open nature of the Website/App and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Website and App, unless otherwise indicated expressly on the Website/App. All product descriptions, information and materials shown on the Website/App are provided "as is", with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the User Terms, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the User Terms if they: (i) comply with the description given by us and possess the qualities that we have presented in the Website/App; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected to the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately. 

 25. Intellectual Property Rights

 25.1. Buymote Smart is the sole owner or licensee of all intellectual property rights in the Website, the App and the materials/contents published therein. 

 25.2. Copying, storing, distributing, transmitting or otherwise modifying any content on the Website/App other than for your personal, non-commercial use is prohibited and shall amount to an infringement of the intellectual property rights of Buymote Smart or the relevant licensor(s) under applicable laws. If you print off, copy or download any part of the Website/App in breach of the User Terms, your right to use the Services will cease immediately and you must, at your option, return or destroy any copies of the materials you have made.

 25.3. All rights not otherwise claimed under the User Terms, Privacy Policy and the Returns and Replacements Policy are hereby reserved. 

 25.4. Access to the Website/App does not authorize anyone to use any name, logo or mark in any manner. If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trade mark to us, and only after securing prior written permission from Buymote Smart to do so, which may be given, or refused, at its sole discretion, and subject to any terms or conditions it may deem fit. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products, or services (including this Website), or in a manner that implies any kind of any association/affiliation with Buymote Smart.

 25.5. All software used on the Website/App is the property of Buymote Smart or its licensees and suppliers and protected by Indian and international copyright laws. The contents and software on this Website may be used only as a shopping resource. 

 25.6. Buymote Smart cannot always manually screen content before it is displayed on the Website/App, and occasionally users may inadvertently or deliberately submit and display content that breaches this Agreement. Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.

 25.7. Buymote Smart is not entirely responsible for all content that you upload for sale as products, post, email, transmit or otherwise make available via Buymote Smart. Buymote Smart does not control the content posted via Buymote Smart services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using Buymote Smart’s services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Buymote Smart be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via Buymote Smart.

 26. Consent To Electronic Communications And Transactions

 26.1. By downloading and/or using the App and the Website/App, you consent to receiving communications, notices and information from us electronically, whether sent by email or through other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication at the email address/mobile number provided by you and maintained in our records, or when we post the electronic communication on the App or the Website/App. Further, you agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 26.2. You also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Website/App and/or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

 26.3. You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.

 27. Indemnity

 27.1. You agree to defend, indemnify and hold harmless Buymote Smart, its affiliates, independent contractors, service providers, consultants, licensors, agents and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) your access to or use of the Website and/or App; (b) your violations of the User Terms; (c) your violation of any rights of any third party, including infringement of their intellectual property right; and/or (d) your conduct in connection with the Services. This clause shall survive the expiry or termination of this User Terms.

 28. Severability

 28.1. If any provision of the User Terms, Privacy Policy and the Returns and Replacements Policy is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the User Terms and shall not affect the validity and enforceability of any of the remaining provisions.

 29. User Warranties and Restrictions

 29.1. You represent and warrant that: (a) your use of the Website/App and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with the Website/App and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our 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.

 29.2. You will use the Website/App for lawful purposes only and will not undertake any activity that is harmful to the Website/App or its content or otherwise not envisaged through the Website/App. You have a limited license to access and use the Website/App solely for the purpose of availing the Services, subject to these User Terms.

 29.3. You will not do any of the following:

 (a) Delete or modify any content on the Website/App, including but not limited to any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;

 (b) Decompile, reverse engineer, or disassemble the content on the Website/App;

 (c) Use the Services in any way that is unlawful, or harms Buymote Smart or any other person or entity, as determined in Buymote Smart’s sole discretion;

 (d) Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Website/App;

 (e) Make false or malicious statements against the Services, the Website/App or us;

 (f) Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Website/App and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website/App and/or the Services;

 (g) Introduce any trojans, viruses, any other malicious software, any bots or scrape the Website/App for any information;

 (h) Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;

 (i) Hack into or introduce malicious software of any kind onto the Website/App;

 (j) Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or

 (k) Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “phishing” as those terms are commonly understood and used on the internet.

29.4. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing on or through the Website/App, any information that:

 (a) belongs to another person and to which you do not have any right;

 (b) is libelous, abusive, threatening, offensive, harmful, harassing on the basis of gender, racially or ethnically objectionable, blasphemous, defamatory, obscene, pornographic, podophilic, invasive of another’s privacy including bodily privacy, insulting, hateful, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intend to incite violence or otherwise violates any law or right of any third-party in any manner whatsoever;

 (c) harms minors in any way;

 (d) infringes any patent, trademark, copyright or other proprietary rights;

 (e) violates any law for the time being in force;

 (f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;

 (g) impersonates or defames another person;

 (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

 (i) threatens the unity, integrity, defiance, 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 other nation;

(j) is in the nature of an online game that is not verified as a permissible online game; or

 (k) is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game, or any illegal loan, or betting. 

 30.  Fair Usage Policy

 30.1. We always strive hard to provide the best experience to our customers on the Website/App. To ensure that all customers use our Website/App in good faith, we keep track of customer behaviour which includes maintaining order history and other details relating to the manner of use of our Website/App. In the event of any abuse of our Website/App or the policies, which include excessive returns or refusal to accept shipments, indication of any fraudulent or suspicious activity or behaviour on our Website/App or association with any such activity or behaviour, including where your user metrics such as your claim rate, return rate etc., are higher than the average rate of the others users on our Website/App. In all such cases, certain benefits available to our other users may not be available to you and we reserve the right to take other actions, including but not limited to, blocking any user from transacting on the Website/App, levying a service fee, discontinuing COD options, blocking COD payment, blocking refund claims, restraining or refusing the option to return the product etc. against you to address such issues. Customers whose profiles indicate high volumes of valid transactions on the Website/App may be offered benefits by suppliers, from time to time, based on their discretion and policies.

 31. Contact Information

 31.1. In accordance with the Consumer Protection (E-Commerce) Rules, 2020, please find the details of Buymote Smart:

Registered Name of the Entity: [●]

Registered Office Address: [●]

Registered Office Address: [●]

31.2. In case of any grievances, you can reach out to us on the following:

Name and Designation: [●]

Email address: [●]

Office address: [●]

Or

Customer Care Number: [●]

Working Hours: 10 AM to 8 PM

31.3. In case of any escalation, you may reach out to our nodal officer at:

Name and Designation: [●]

Email address: [●]

32. Fraud 

 The Company urges the Users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from [•] domain. 

33. Intellectual Property Policy

 33.1. The Company respects all third-party intellectual property. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please refer to the procedure for registration of a complaint mentioned herein below.

 33.2. To facilitate and assist people and organizations protect their intellectual property rights and as a trust building exercise between the Company and its users, the Company has put in place this Intellectual Property Policy (“IP Policy”) to identify and remove infringing or unlicensed items and material listed on its Website/App when an owner of intellectual property reports such infringement to us. The IP Policy is made in compliance with the applicable Indian Laws.

33.3. If you are the owner/valid licensee of any intellectual property in any content (“IP Owner”) available/uploaded on Website/App without your consent, or you believe that your content has been copied/misused in any way that constitutes infringement of your intellectual property rights, you may report the same to the Company.

 33.4. IP Owner is required to email our customer care; a notice of infringement (“Notice Form”) specifying the allegedly infringing listings on Website/App.

 33.5. The Company, on receipt of the Notice Form, may satisfy itself with the (a) genuineness of a duly and completely filled Notice Form and (b) the veracity thereof. Basis the same, the Company may immediately delist the infringing products from the Website/App; and/or block the relevant supplier/reseller/vendor/merchant/advertiser account from Website/App and/or bar such supplier/reseller/vendor/merchant/advertiser from listing any products on Website/App.

 33.6. IP Owner understands that by submitting Notice Form, IP Owner grants to the Company, the right to inter alia forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify the Company for all claims brought by a third party against the Company arising out of or in connection with the submission of a Notice Form.

 33.7. If the Notice Form is incomplete or the Company opines (in its sole discretion) that the Notice Form is frivolous and/or fake, the Company may not take any action as stated above and may, if it deems necessary, report to the relevant supplier/reseller/vendor/merchant/advertiser.

 33.8. You acknowledge that the Company will exercise its discretion based on the documents and information provided by you and shall not independently verify the genuineness of your claim. Accordingly, the Company shall not be held liable in any manner for any act/omission, so far as the Company exercises reasonable and due diligence with respect to any Notice Form and/or a counter claim.

 33.9. You acknowledge that the Company is not a statutory or judicial body and may act or omit to act basis the documents provided to it either by an alleged IP Owner or relevant supplier/reseller/ vendor/merchant/advertiser. You accordingly, acknowledge that the Company shall not be liable for any such action or omission.

 34. Applicable Legislation and Jurisdiction 

 34.1. The use of our Website/App and the product purchase contracts through the Website/App shall be governed by the laws applicable to in India. Any controversy that arises or is related to the use of the Website/App or said contracts shall be subject to the non-exclusive jurisdiction of the Indian courts in the state of Tamil Nadu.

Terms and Conditions for Coupon Code Use

Thank you for purchasing the Buymote Coupon Code! By purchasing and using this coupon, you agree to abide by the following terms and conditions:

1. General Terms

1.1. Non-Refundable: The coupon code purchase is non-refundable and non-transferable once issued.

1.2. Purpose: The coupon code can only be used to purchase eligible products at www.buymotesmart.com.

1.3. No Cash Value: The coupon code has no cash value and cannot be redeemed for cash under any circumstances. 

2. Value and Validity

2.1. Coupon Value: 

• Purchase Value: ₹9,999. 

• Shopping Benefits: ₹13,000.

2.2. Validity Period: 

• The coupon code is valid for 1825 days (5 years) from the date of purchase. • Any unused balance after the validity period will be forfeited.

3. Usage and Redemption

 3.1. Minimum Purchase Requirement:

• The coupon can only be redeemed on purchases of ₹3,000 or more in a single transaction.

3.2. Redemption Frequency:

• Coupon points can be redeemed up to two times per month for eligible purchases.

3.3. Reward Points: 

• Each eligible transaction grants 250 coupon points, redeemable for rewards ranging between 500 and 2000 points for future purchases. 

• Reward points are subject to availability and must be used in accordance with specific rules provided by Buymote Smart

3.4. How to Redeem: 

• Enter the coupon code during checkout at www.buymotesmart.com to apply the discount or redeem points.

4. Sharing and Referral Program

4.1. Sharing Benefits: 

• The coupon code may be shared with friends or family. Both you and the recipient may earn exclusive rewards based on the sharing program rules.

4.2. Misuse: 

• Misuse of the coupon code, including unauthorized sharing or fraudulent activities, will lead to its cancellation without refund or compensation.

5. Limitations and Exclusions

5.1. Exclusions:

• The coupon cannot be combined with other discounts, promotional offers, or loyalty programs unless explicitly stated.

• Certain products or categories may be excluded from coupon redemption, as specified on the website.

5.2. Redemption Cap:

• The total value of ₹13,000 can be redeemed only during the validity period and cannot exceed this limit.

6. Loss or Theft

6.1. Responsibility:

• The customer is responsible for safeguarding the coupon code. Lost, stolen, or damaged codes will not be replaced.

7. Customer Support 

7.1. Support Availability: 

• For any issues, disputes, or queries related to the coupon code, contact customer service at 1800 571 1245 or email us at info@buymotesmart.com. 

7.2. Response Time:

• Customer support will respond to inquiries within 48 business hours. 

8. Modification or Termination 

8.1. Right to Modify: 

• Buymote Smart reserves the right to modify, suspend, or terminate this coupon code program, including its terms and conditions, at any time without prior notice. 

8.2. Notice of Changes: 

• Any changes will be communicated through the official website or other company communication channels. 

9. Governing Law and Disputes

9.1. Jurisdiction: 

• All disputes arising from this coupon code program will be governed by the laws of [Chennai, Tamil Nadu , India. 

9.2. Resolution: 

• Disputes must be resolved through arbitration or the appropriate legal jurisdiction in accordance with Indian laws. 

10. Other Important Notes 

10.1. Fraudulent Use: 

• Any fraudulent use of the coupon code, including attempts to tamper with its value or misuse its benefits, will result in immediate cancellation of the coupon and possible legal action. 

10.2. Company’s Decision: 

• All decisions by Buymote Smart regarding coupon code usage and benefits are final and binding. 

By purchasing or using this coupon code, you acknowledge that you have read, understood, and agreed to these terms and conditions. For further updates or detailed policies, visit www.buymotesmart.com.

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