Pudhari Vastra Bhandar
Terms and Conditions
This document is published in accordance with the provisions of Rule 3(1) of the Information
Technology (Intermediaries guidelines) Rules, 2011 which require the publishing of the rules and
regulations governing the use and access of www.papasmart.online
1. INTRODUCTION
1.1 These terms and conditions ("Terms and Conditions") and all applicable Policies (as
defined below)which are herein incorporated by way of reference govern your rights and
obligations as a User(defined below) of the Papasmart.online Platform(defined below)
while accessing and using the Papasmart.online Platform and/or availing the Services (defined
below) and/or Indirect Services (defined below), a company incorporated under the provisions of
the (Indian) Companies Act, 2008, having its registered office at No1, Parameswaran Nagar 2
nd
Street Sholinganallur Chennai 600 119, ("PAPAS MART") and through the web
(www.papasmart.online) or any other portal/subdomain as may be launched from time to time
including mobile and web applications and voice integration.) ("PAPA’S MART Platform") to
Users from time to time. Any reference to "you" or "User" or "User" in these Terms and
Conditions, means you, the User of the Papa’s Mart Platform, buying or selling the Products
(below) and/or availing any of the Services and/or Indirect Services available on the Papa’s Mart
Platform.
1.2 As a User, your access to and use of the Papasmart.Online Platform are always
conditional upon your acceptance of and continuous compliance with these Terms and
Conditions. By accessing, browsing and/or using the Papasmart.Online Platform and/or availing
any of the Services and/or Indirect Services, you agree to be bound by these Terms and
Conditions and all rules, guidelines, policies, terms and conditions applicable to the
Papasmart.Online Platform and/or Services and/or Indirect Services being provided by
Papasmart.Online ("Policies"), as may be modified by Papasmart.Online from time to time,
which shall be deemed to be incorporated in these Terms and Conditions by reference,
unconditionally and at all times. Papasmart.Online shall have the sole right to change, modify,
add or remove these Terms and Conditions or any of its Policies relating to the provisions of
Services and/or Indirect Services on the Papasmart.Online Platform, at any time without any
prior written notice or intimation. It is hereby clarified that each User shall be responsible for
reviewing the Terms and Conditions and Policies on the Papasmart.Online Platform periodically
and keep updated.
2. User Eligibility
2.1 The Services and the Indirect Services on the Papasmart.Online Platform are only
available to persons who are competent to enter legally binding contracts under the Indian
Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the
provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are
not eligible to use the Papasmart.Online Platform ("User"). Any person using the Services and/or
the Indirect Services on behalf of a proprietor/ partnership/ firm/ company, represents and
warrants that it is duly authorized to accept the Terms and Conditions and the Policies by the
User and that such person has the authority to bind the User to these Terms and Conditions and
the Policies.
3. Services
3.1 Papasmart.Online Platform
Papasmart.Online Platform is a platform provided by PAPA’S MART to its Users to list their
Products on the Papasmart.Online Platform and to buy the Products listed on the
Papasmart.Online Platform by various Users registered with Papasmart.Online. It is hereby
clarified that Papasmart.Online is not a party to any transaction between the Users (being a User
buying a Product and being a User selling its Products) of the Papasmart.Online Platform and
shall not be responsible in any manner whatsoever for any representations made by a User on
the Papasmart.Online Platform.
3.2 Listing on the Papasmart.Online Platform
3.2.1 Papasmart.Online provides the Users with the Papasmart.Online Platform to display and
showcase merchandise/tangible products manufactured and/or distributed by the Users and
intangible products such as digital content through various media including but not limited to
audio content, video content, games, etc., distributed by third parties ("Products") and for sale
and purchase by other Users ordering and buying the Products on the Papasmart.Online
Platform. Papasmart.Online shall also provide such other services as may be included and
modified by Papasmart.Online from time to time. Papasmart.Online may charge the User selling
the Products, for the Services and/or the Indirect Services rendered from time to time. The fees
payable by the User selling the Products, may include, listing fees, evaluation fees, commission
on the Product sold, transaction processing fees, integration fees, any other fees as may be
levied from time to time in relation to the Services and/or Indirect Services availed by such User.
The Services and Indirect Services are governed by these Terms and Conditions and all
applicable Policies of the Papasmart.Online Platform, as may be amended from time to time and
shall be deemed to be incorporated in these Terms and Conditions by way of reference. Unless
expressly stated otherwise, any new features that augment or enhance the current Services
and/or Indirect Services shall be subject to these Terms and Conditions.
3.2.1 Local Listing and National Listing
The Users selling the Products (excluding intangible Products) can list the Products for sale
in the local areas as specified by Papasmart.Online from time to time and for national listing,
subject to such User paying the appropriate Seller TopUp Amount (as defined below) and
meeting the following eligibility criteria:
(i) Local listing: The User should be a retailer, trader or wholesaler selling the Products in
the local areas specified by Papasmart.Online and shall provide the Products to the
Papasmart.Online logistic partner within the timelines specified by Papasmart.Online from time to
time, to ensure that the Products are delivered to a User buying the Products, on the next day of
such order being placed;
(ii) National listing: The User should be a manufacturer, importer or brand owner of the
Products.
3.3 Delivery of Products
3.3.1 Papasmart.Online shall undertake delivery of the Products (excluding intangible
Products) ordered by a User buying the Products on the Papasmart.Online Platform either
directly or indirectly through its logistic partners ("Papa’s Mart Distribution Network").
Papasmart.Online shall through the Papa’s Mart Distribution Network, pick-up the Products from
the User selling the Products (excluding intangible Products) and deliver such Products
(excluding intangible Products) to the User buying the Products (excluding intangible Products) in
accordance with delivery and shipping policy of the Papasmart.Online Platform provided under
Section 8 herein below.
3.3.2 In case of intangible Products such digital content, the User buying the Product shall
view and/or download the Product from the Papasmart.Online Platform or such third party web
platform that the User may be directed to through the Papasmart.Online Platform. Once the User
buying the Product views and/or downloads such intangible Product, the delivery of the Product
for the purposes of these Terms and Conditions shall stand completed.
3.4 Indirect Services
3.4.1 In addition to providing a platform to the Users for listing the Products on the
Papasmart.Online Platform, Papasmart.Online shall from time to time provide additional services
including setting up web platforms or e-commerce platforms for Users to directly display and
showcase its Products, create advertising space wherein Users can advertise their Products
("Indirect Services"). The list of Indirect Services may be amended and modified by
Papasmart.Online from time to time at its sole discretion and option. The User hereby agrees
and undertakes that such Indirect Services may be offered by Papasmart.Online from time to
time at such additional charge as may be intimated to the User availing the Indirect Services from
time to time.
3.4.2 As part of the Indirect Services, Papasmart.Online may either directly or through third
party service providers offer Indirect Services which shall include setting up independent web
platforms or e-commerce platforms, integration on Facebook page for Users, providing
advertisement space for increasing the visibility of a User on the Papasmart.Online Platform,
third party web platforms, newspapers, radio and such other medium and other financial
consultancy and lesioning services as may be intimated and offered by Papasmart.Online from
time to time as part of its Indirect Services. In order to avail these Indirect Services, the User
shall be required to provide certain additional information or signing up fees and/or service fee as
may be required by Papasmart.Online from time to time. Papasmart.Online shall have the
absolute right to use this information, including providing such information to a third-party service
provider engaged by Papasmart.Online for providing the Indirect Services. It is hereby clarified
that for the Indirect Services availed by an User which is to be provided by third party service
providers, the User shall in addition to these Terms and Conditions and Policies will also be
governed by the terms and conditions as may be agreed upon between Papasmart.Online and
the third party service provider, and the User availing such additional services through
Papasmart.Online shall at all times be bound by the terms and conditions agreed between
Papasmart.Online and the third party, and in this regard the User authorizes Papasmart.Online to
accept such additional terms and conditions of a third party service provider on its behalf.
Papasmart.Online makes no representations and warranties as to the safety of the information
transmitted to any third party providing the aforementioned Indirect Services and
Papasmart.Online shall not in any manner be liable either to the User or to the third party in this
regard.
3.5 Payment gateway services and delivery of Products
3.5.1 In the event the Products (excluding intangible Products) listed by a User on the
Papasmart.Online Platform are directly purchased from such User, then upon receipt of a prior
written request from such User selling the Product, Papasmart.Online may at its discretion
facilitate/arrange associated services for such User including, payment gateway services for the
payment and logistical support for pickup and delivery of the Products in relation to a sale
solicited through the Papasmart.Online Platform, which shall be governed by these Terms and
Conditions and a fee, as intimated by Papasmart.Online from time to time, shall be payable by
the User being the seller to Papasmart.Online as per the Terms and Conditions and the Policies.
3.6 The aforementioned Services and Indirect Services are governed by these Terms and
Conditions and applicable Policies of the Papasmart.Online Platform, as may be amended from
time to time and as will be incorporated in these Terms and Conditions and the Policies by
reference. Unless expressly stated otherwise, any new features that augment or enhance the
current Services shall be subject to these Terms and Conditions.
4. Terms of Use
4.1 Use of the Papasmart.Online Platform
4.1.1 It is hereby clarified that all Products listed by the Users and/or a third Party and the
content advertised are provided by the Users registered with the Papasmart.Online Platform
and/or a third party and are third party user generated content. The User agrees and
acknowledges that it has had the opportunity to independently investigate, analyze and construe
the business opportunity being offered under these Terms and Conditions.
4.1.2 The User, selling its Products, shall at its own, provide all relevant material and price
information/deals and offers related to the Products to Papasmart.Online for including the said
information and details on the Papasmart.Online Platform. All such information shall be provided
to Papasmart.Online at least 5 days in advance of listing the Products on the Papasmart.Online
Platform and shall be in the manner prescribed by Papasmart.Online from time to time.
4.1.3 The User, selling the Products, shall duly comply with all requirements specified in these
Terms and Conditions and all other applicable Policies of the Papasmart.Online Platform as may
be amended from time to time by Papasmart.Online
4.1.4 The User, selling the Products, shall not offer out-of-stock or expired Products for sale
and shall be solely liable for quality, quantity, efficiency and the User's ability of selling the
Products. Papasmart.Online shall not be responsible for the quality, quantity, stability, or other
specifications of the Products offered to be sold and purchased on the Papasmart.Online
Platform. Papasmart.Online shall not be responsible for any errors or omissions in relation to the
Products.
4.1.5 The User, selling its Products, shall be solely responsible for accuracy of all information
and/or validity of the prices and any other charges and/or other information relating to the
Products offered on the Papasmart.Online Platform. The rates provided to Papasmart.Online for
display on Papasmart.Online Platform shall always include all applicable taxes, Fees, charges
and any other payments due to any other parties by the User. The User selling its Products on
the Papasmart.Online Platform agrees that it shall keep Papasmart.Online indemnified as per
Section 9 of these Terms and Conditions.
4. 1.6 The User, selling a Product, confirms and undertakes ownership of the Products and
confirms that it shall at all times have marketable and legal ownership and title in respect of all
Products offered on the Papasmart.Online Platform and shall pass on marketable and legal
ownership and title to User buying the Product upon completion of Transaction.
4.1.7 A User, selling the Products, shall inform Papasmart.Online of the terms of sale of its
Products and conform to the return and refund policy as specified in Section 9 of these Terms
and Conditions and the Delivery and Shipment Policy displayed on the Papasmart.Online
Platform offered by Papasmart.Online for completing Transactions.
4.1.8 A User selling the Products on the Papasmart.Online Platform shall comply with all
applicable laws and regulations in offering the Products and shall ensure that all requisite
approvals, licenses and registrations as required under applicable laws and regulations are kept
in full force and effect to enable such User to offer the Products for sale through the
Papasmart.Online Platform and will not do or permit anything to be done which might cause or
otherwise result in a breach of these Terms and Conditions and Policies or cause any detriment
to the Transactions herein envisaged.
4. 1.9 All complaints relating to the Products purchased from the Papasmart.Online Platform
shall be routed through the User complaint/redressal mechanism provided on the
Papasmart.Online Platform. The User being the seller shall be responsible to resolve any
complaints regarding the Product that may be raised by User being the buyer and other
complaints to the satisfaction of the User being the buyer. Papasmart.Online shall only be the
facilitating link between the User buying the Products and the User selling the Product for any
complaints in relation to the Products sold. The User selling its Products agrees and confirms
that all customer complaints, Product complaints and Transaction failure complaints shall solely
be to its account and it shall undertake all necessary steps as may be required as per the
complaint/redressal mechanism of Papasmart.Online to resolve the complaints at its own
initiative and cost. Further, such User acknowledges that Papasmart.Online shall not in any way
be responsible for ensuring resolution of the complaints and Papasmart.Online shall not in any
manner either directly or indirectly be liable for any claims made by an User in relation to the
Products provided on/ through the Papasmart.Online Platform.
4. 1.10 The User does hereby specifically agree that it shall, at all times, comply with the
requirements of the Information Technology Act, 2000 ("IT Act") as also rules, regulations,
guidelines, byelaws and notifications made thereunder, [while assessing or feeding any
information/data into the computers, computer systems or computer network of Papa’s Mart. The
User does further unequivocally declare that in case of any violation of any provisions of the IT
Act and/or rules, regulations, guidelines, byelaws and notifications made thereunder, the User
shall be solely responsible, at its sole cost and expenses for all acts, deeds and things and that
the User alone shall be liable for civil and criminal liability there under or under any other law for
the time being in force.
4. 1.11 The User shall keep confidential, all information it receives by transacting on the
Papasmart.Online Platform. Breach of this Section and terms of the Privacy Policy displayed on
the Papasmart.Online Platform by a User will be considered a material breach and result in
immediate discontinuation of the Services and/or Indirect Services by Papasmart.Online to such
User. Breach of confidentiality provisions by a User shall cause immediate termination and
appropriate legal action being initiated against such User by Papasmart.Online
4. 1.12 The User acknowledges that it shall take all precautions as may be directed by
Papasmart.Online to ensure that there is no breach of security and integrity of the
Papasmart.Online Platform. Papasmart.Online shall not be responsible for any loss incurred by a
User for a failed / incomplete Transaction on the Papasmart.Online Platform.
4. 1.13 The User acknowledges that Papasmart.Online has no connection or interest
whatsoever in the business of the User and/or third party selling the Products on the
Papasmart.Online Platform or the Products marketed by such Users and/or third party and
Papasmart.Online does not in any manner take part in the business of the User and/or third
party, directly or indirectly and is not responsible for the Products provided by the User and/or
third party. A User buying a Product hereby acknowledges that before placing an order for a
Product the User being the buyer has performed a diligence and background check of the User
and/or third party selling the Product and is entering into the Transaction being aware of the
Terms and Conditions. The User further acknowledges that Services and Indirect Services being
provided by Papasmart.Online is being provided by it as an independent contractor, and
Papasmart.Online is in no manner acting as an agent of either the User or of the third party.
4. 1.14 The User acknowledges that the Papasmart.Online Platform shall provide information
pertaining to other Users and/or third party availing the Services and/or Indirect Services and
information pertaining to Papasmart.Online. The User hereby agrees that it shall not copy,
modify, distribute or misuse any information provided on the Papasmart.Online Platform for its
personal use or gain. The User acknowledges that Papasmart.Online is the sole and rightful
owner of the Intellectual Property and the User agrees not to register, use or file in its own name
or in the name of any other person or company any trademarks same or similar or resembling in
any manner the Intellectual Property and not to associate the Intellectual Property with its own
business, except for the purpose as specified in these Terms and Conditions. "Intellectual
Property" shall mean any and all property in any name, signature, word, letter, numeral or any
combination thereof, Trademark, brand name, service mark, trade name, design, logo, know-
how, trade secrets whether registered or not, belonging to Papasmart.Online
The User further acknowledges that Papasmart.Online may collect, transfer, store and use the
information provided by such User on the Papasmart.Online Platform for the purpose of providing
the Services and the Indirect Services.
4.1.15 The User acknowledges that Papasmart.Online liability with respect to the Services and
Indirect Services shall be limited and shall be as per these Terms and Conditions.
Papasmart.Online reserves the right, in its sole discretion and without assigning any reason, to
exclude certain Products offered by a User from being displayed for sale on the
Papasmart.Online Platform, wherein such Products are deemed unfit or unsuitable by
Papasmart.Online at its sole discretion.
4. 1.16 The User agrees and confirms that the sole and exclusive responsibility and obligation
of Papasmart.Online is to ensure that the Services and Indirect Services are being provided in
compliance of all applicable laws, rules and regulations.
4. 1.17 The User acknowledges that the services to the Papasmart.Online Platform may be
interrupted while browsing, transacting, using or uploading information on the Papasmart.Online
Platform. The User further agrees that Papasmart.Online reserves the right to suspend the
Services and/or Indirect Services, forthwith without assigning any reason whatsoever, at the sole
discretion of Papasmart.Online
4.1.18 The User agrees that, if it does not agree to the applicability of any of the Terms and
Conditions and the Policies contained herein or other Policies on the Papasmart.Online Platform,
then the only remedy a User shall have will be to not use the Services and discontinue using its
account on the Papasmart.Online Platform. However till such time that the User uses the
Papasmart.Online Platform and avails the Services and/or the Indirect Services it shall be
deemed that the User agrees to and shall continue to adhere and abide by the Terms and
Conditions and the Policies.
4. 1.19 The User agrees and confirms that the payment gateway and logistic support services
are being provided by Papasmart.Online on a best-efforts basis with all efforts to keep these
valid and subsisting. Papasmart.Online shall not in any manner be liable to a User for failure or
delay in providing these Indirect services.
4.1.20 A User will be required to provide a valid phone number in order to avail the Services
and/or Indirect Services provided by Papasmart.Online including and not limited to placing orders
for buying the Products. By registering their phone number with Papasmart.Online, the User
consents to be contacted by Papasmart.Online via phone calls and/or SMS notifications, in case
of any order or shipment or delivery related updates.
4.1.21 The User undertakes and agrees not to host, display, upload, modify, publish, transmit,
update or share any information that:
(i) belongs to another person and to which a User does not have any right to;
(ii) is grossly harmful, harassing, derogatory, slanderous, blasphemous, defamatory,
obscene, pornographic, pedophilic, libelous, threatening, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging money laundering or
gambling, or abusive in any nature or any information that advocates violence against any
individual or group or is otherwise unlawful in any manner whatever;
(iii) harms minors in any way
(iv) infringes any patent, trade secret, trademark, copyright or other proprietary rights
or rights of publicity or privacy of any third-party;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person or includes identity documents and/or personal
information including financial details;
(viii) contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer resource or transmits, through any
medium, computer viruses of any kind including Trojan horses, worms, time bombs, cancel bots,
easter eggs or any other computer program which facilitates hacking of computer system with
the intent of damaging or interfering with any computer system or computer network or intercepts
any system, information or personal data;
(ix) threatens the unity, integrity, defense, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting any other nation;
(x) relates to prostitution or any other service in the nature thereof that purports to
violate the provisions of the Immoral Traffic (Prevention) Act, 1956 and the Indecent
Representation of Women (Prohibition) Act, 1986 and/or any prevailing reasonable standards of
morality and decency; or
(xi) any information that is fraudulent, misleading and/or misrepresenting as to the
nature of the goods and services or pertain to the sale of any illegal, counterfeit, stolen or
unauthorized goods and/or services.
4.1.22 The User, and/or third party selling the Products on the Site shall ensure, at all times,
that any of its Products which are listed on the Papasmart.Online Platform is not:
(i) alcoholic beverage, liquor, tobacco product, drug, narcotic, any psychotropic
substance, medicine, intoxicant of any nature, any substance of curative nature, any good or
service which is prohibited under any law in force including but not limited to the Drugs and
Cosmetics Act, 1940, the Narcotic Drugs and Psychotropic Substances Act, 1985, the Indian
Penal Code, 1860 and the Drugs and Magic Remedies (Objectionable Advertisements) Act,
1955;
(ii) any living or dead body of any human being and/or any part of human being preserved
in natural or artificial manner, including but not limited to blood, organ or bodily fluids;
(iii) any living or dead body of any creature and/or any part of the creature preserved in
natural or artificial manner, including but not limited to rugs, skins, specimens of any creature,
antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, any animal product which is
prohibited from being sold and/or bought under any law in force including but not limited to the
Wildlife Protection Act, 1972 or the Environment (Protection) Act, 1986;
(iv) any object and/or information including but not limited to books, artifacts, idols,
scriptures or paintings which is in relation to any religion or belief and/or is likely to involve and/or
evoke, in any manner, religious sentiments of any individual or group;
(v) any cinematograph, video, graphic or any other material the display, use, public
exhibition and/or sale of which is prohibited under any law in force and/or includes any subject-
matter which offends the prevailing reasonable standards of morality, decency and/or propriety or
is likely to be repulsive or offensive in any manner whatsoever so as to deprave any individual's
mind;
(vi) any artifact, antique or any material treated as a treasure the use, storage or collection
of which is prohibited under any law in force including the Antiquities and Art Treasures Act,
1972;
(vii) any good, object, service or material which is counterfeit, stolen, unauthorized, illegal
and/or pirated;
(viii) any good, object, service or material which is likely to infringe or pass off any third-
party intellectual property or is likely to interfere, in any manner whatsoever, with a third-party's
right to privacy and/or publicity;
(ix) is hazardous or dangerous in nature or is likely to cause harm to any person's body or
property including but not limited to hazardous chemicals, pesticides and/or any other material
found or used in fireworks, explosives and/or destructive devices;
(x) any weapon or item which is likely to inflict harm on an individual's body and/or
property including but not limited to firearms or any of its parts, ammunitions, tear gas,
switchblade knives, or any other device or item prohibited under any law in force including but
not limited to the Indian Arms Act, 1959;
(xi) a lottery ticket, sweepstakes entry, slot machine or any other device, object or service
related to gambling or a similar activity;
(xii) any item which does not conform to the prescribed standards under any law in force
including but not limited to the Food Adulteration Act, 1954;
(xiii) any item which is or has, in any part, Government symbols, emblems, items or
insignia including military badges, uniforms and any other material, symbol or item the use of
which is limited or prohibited under any law in force including but not limited to the Emblems and
Names (Prevention of Improper Use) Act, 1950 and the Flag Code of India, 2002;
(xiv) any security within the meaning of the Securities Contract Regulation Act, 1956,
including but not limited to shares, bonds, debentures and/or any other financial instrument or
asset of any description;
(xv) any scheme which is listed for the purpose of defrauding other users including but not
limited to pyramid schemes, multi-level marketing and those schemes which are abusive,
duplicate, fraudulent and/or spam; or
(xvi) any offensive material intended for use in any sexual setting, display of sexual
activity, material relating to items intended for use in sexual activity including Products with
graphic adult language.
(xvii) any other product, item, material or service which, as per the sole and absolute
judgment of Papasmart.Online
(a) is inappropriate;
(b) is listed under the improper or wrong category of products;
(c) involves duplicate listing;
(d) involves incorrect location or city of listing; or
(e) involves international listing.
4.1.2 The User and/or third party, listing and/or selling its Products on the Papasmart.Online,
Platform explicitly acknowledges and agrees that Papasmart.Online has the right to remove any
of the Products listed by the User and/or third party on the Papasmart.Online Platform in the
event the Product falls under any of the above-mentioned categories, as per the sole and
absolute discretion of Papasmart.Online.
4.2 Fee and Delivery Fee
4.2.2 Papasmart.Online will charge a transaction fee of 3% of the value of a transaction per
Transaction in the case of a local listing and 4% in case of Mobile and Tablets and 7% of the
value of a transaction per Transaction in the case of a national listing other than Mobile and
Tablets plus service tax ("Fee"). The above Fees/commission is subject to change from time to
time and is on the sole discretion of Company. In this regard a "Transaction" shall mean once a
Product is delivered to the User being the buyer and the User is satisfied with the Product
received by it and does not return the Product to the User being the seller.
4.2.3 In the event, in the case of a national listing, the User selling the Products shall have the
option to not pay the Seller TopUp Amount at the time of availing the Services and
Papasmart.Online shall have the right to deduct the Fee directly from remittances made by the
User buying the Products. In such cases, the Fee payable for the Services being provided by
Papasmart.Online shall be paid as per these Terms and Conditions.
4.2.4 The User selling the Products, hereby undertakes and agrees that any claim in relation
to the reconciliation of his/her account shall be raised by such User within 90 (Ninety) days from
the date of settlement of its account in accordance with these Terms and Conditions . It is hereby
clarified that any claim raised after the completion of the aforementioned 90 (ninety) day period,
shall be invalid and Papa’s Mart shall have no liability in this regard.
4.2.5 In case of a national listing, if a User selling the Products, opts to deliver the Products
through the Papa’s Mart Distribution Network, Papa’s Mart shall have the right to levy additional
delivery fees as per the slab below, which will be deducted from the remittance made by a User
buying the Products, in relation to a Transaction ("Delivery Fee"):
Further, all service tax, entry tax, Octroi and other taxes shall be deducted from the remittance
made by a User being the buyer of the Product in addition to the delivery fee.
It is hereby clarified, in case of a local listing, all Products shall be delivered through the Papa’ s
Mart Distribution Network
4.2.6 The aforementioned Fee and Delivery Fee terms shall not be applicable for third parties
providing the intangible Products through the Papasmart.Online Platform and the same shall be
governed by the agreement executed between such third party and Papa’s Mart
5. RIGHTS AND OBLIGATIONS OF THE USER BEING SELLER
5.1 The User and/or third party selling the Products, shall be solely responsible for:
5.1.1 procuring and keeping all licenses, registrations, authorizations and clearances under
applicable laws valid with respect to the Products and the business carried on by the User selling
the Products, from time to time, including all municipal local, state and central registrations and
permits for safe storage of the Products within the designated area, sales tax registrations etc.
5.1.2 all statutory compliances and timely payment of all statutory dues, including and not
limited to taxes, cesses etc. relating to sale of Product by the User and/or third party being seller
to the User being buyer through the Papasmart.Online Platform/User/third party site, as and
when the dues become payable to the relevant statutory authorities.
5.1.3 the clearance of the Products from customs in case of imported Products, clearance
of Products in case of inter-state movement and timely filing of all statutory returns including
sales tax returns; obtaining sales tax assessment orders etc. at its own cost and expense (if
applicable); and
5.1.4 providing standard manufacturers or seller warranty associated with the Products.
The User being seller shall issue a suitable, duly stamped, manufacturer's warranty card to the
User being buyer with the Product (if applicable).
5.2 The User hereby agrees to accept all returns of the Products (excluding intangible
Products) which are refused/not delivered to/not accepted by a User buying the Products, at the
time of delivery in accordance with the terms of Section 9 of these Terms and Conditions. Papa’s
Mart will not charge anything for RTO/Return shipments to User. In the event the Product is not
delivered to the User buying the Product, the same shall be returned to the User being seller. In
the event of any Product returned by the User being buyer, the Papa’s Mart shall be entitled to
refund the payment made by the Buyer and adjust it from the amount payable by Papa’s Mart to
the User being seller. The User being seller hereby agrees that any Product which is returned by
the User being buyer shall be delivered within a period of 60 (Sixty) days from the date of pickup
of such Product from the User being seller
5.3 The User unless specifically provided for in any other agreement executed between
the User and/or third party and Papasmart.Online in relation to the Services and/or Indirect
Services, shall comply with all these Terms and Conditions and the Policies pertaining to the use
of Papasmart.Online Platform, which are available on www. Papasmart.Online and the same
shall form part of any such agreement. In case of contradiction between agreement and these
Terms and conditions updated on website from time to time, these Terms and Conditions will
prevail over the agreement unless until stated otherwise in writing.
5.4 The User and/or third party, selling the Products acknowledges that it shall at all
times have marketable and legal ownership and title in respect of all Products offered on the
Papasmart.Online Platform and shall pass on marketable and legal ownership and title to the
User buying the Products, upon completion of a Transaction. The User and/or third party will be
the owner and all the ownership rights and property of, in and upon the Products and any other
property entrusted to Papasmart.Online and/or the authorized representative of Papa’s Mart for
the conduct of activities under these Terms and Conditions, until transferred to the User buying
the Products, shall vest in the User selling the Products.
5.5 The User and/or third party selling the Products hereby undertakes that all Products
which would be displayed or sold through the Papasmart.Online Platform or delivered through
the Papa’s Mart Distribution Network are allowed to be sold in India as per applicable laws and
the Products handed over to Papasmart.Online by the User for delivery/ distribution shall at all
times comply with the specifications for delivery/ distribution under applicable laws, including
without limitation the rules and regulations of the International Air Transport Association (as
applicable) and the Motor Vehicles Act, 1988 read with the applicable rules.
5.6 The User and/or third party selling the Products hereby agrees and acknowledges
that Papa’s Mart, shall, in relation to the Services and/or Indirect Services being provided by it in
accordance with the terms of these Terms and Conditions, have the right to collect payments
from the User's buying the Products and manage the logistics in the manner it deems
appropriate, for and on behalf of the User and/or third party selling the Products. The User
hereby assigns all rights in relation thereto.
5.7 The User and/or third party selling the Products hereby grants Papa’s Mart and its
associates and representatives for the purposes of Services and/or Indirect Services to rendered
in accordance with these Terms and Conditions, a non-exclusive, royalty-free, sub-licensable,
limited license to use, display and reproduce the trademarks, service marks and logos and/or any
other content provided by the User to Papa’s Mart for display on its Papasmart.Online Platform
and/or the User website. The User and/or third party hereby confirms that it has the requisite
right/permission to use the said marks, logos and/or other content as may be provided by it to
Papasmart.Online, and to grant permission to use as stated herein. Without prejudice to the
other rights available to Papa’s Mart under these Terms and Conditions and the Policies, or
under applicable law, the User and/or third party undertakes to keep Papa’s Mart its affiliates and
group companies, successors, assigns and its respective officers, directors and agents,
shareholders, representatives indemnified and defend and hold harmless from and against all
actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs
(including without limitation, legal costs), awards, damages, losses and/or expenses however
arising directly or indirectly, including but not limited to, as a result of use of the trademarks,
service marks and logos and/or other content provided by the User and/or third party to Papa’s
Mart for display on the website of Papasmart.Online or the User and/or third party site.
5.8 The User and/or third party has necessary permissions for selling the Products
online at the discounted rate. User and/or third party also has necessary permission to publish
logo of the brands pertaining to the Products listed on the Papasmart.Online Platform (if
applicable).
5.9 Goods travelled through Papa’s Mart distribution network is covered under transit
insurance and any damage or loss to those goods will be paid by insurance company to the
seller as per the terms of Insurance company provided that all the relevant documents are
provided by the Seller
6. MODE OF PAYMENT FOR PURCHASE OF PRODUCTS BY A USER
6.1.1 A User buying a Product using the Papasmart.Online Platform may make the payment
using any of the payment methods available on the Papasmart.Online Platform. It is hereby
clarified that the cash on delivery option shall not be available to Users buying an intangible
Product such as digital content through the Papasmart.Online Platform. By purchasing a Product
using the Papasmart.Online Platform, the User authorizes Papasmart.Online or its authorized
representatives to collect, process, facilitate and remit the payments to the User selling the
Product.
6.1.2 By purchasing the Products using the Papasmart.Online Platform and authorizing
Papasmart.Online to process the payment, the User agrees, accepts and understands that
Papasmart.Online as part of its Services and/or Indirect Services, is only a facilitator providing an
electronic, automated online electronic payment, receiving payment through cash on delivery,
collection and remittance facility for the sale and purchase of the Products.
6.1.3 The User buying a Product, understands that by ordering a Product using the
Papasmart.Online Platform, the User buying the Product is entering into a binding agreement
with the User selling the Product to purchase the Product using the payment facilities available
on the Papasmart.Online Platform.
7. PAYMENT TO USER'S SELLING THEIR PRODUCTS ON THE
PAPASMART.ONLINE PLATFORM
7.1 Notwithstanding anything contained in these Terms and Conditions, the User selling its
Products Pan India i.e. on national level shall be entitled to receive payments for the Products
sold through the Papasmart.Online Platform within 15 (fifteen) days from pickup of Product
subject to Product being delivered to User being buyer and same not being returned. In case of
local area deliveries, the User selling its Products shall be entitled to receive payments for the
Products sold through the Papasmart.Online Platform within 2 (Two) days from date of delivery
of Product, subject to Product being delivered to User being buyer and same not being returned
or as per the prevailing payment policies of Papasmart.Online. The User hereby agrees that
Papasmart.Online shall be entitled to deduct the Fee in relation to each Transaction, payable by
a User to Papa’s Mart for the Services against the payments required to be made by Papa’s Mart
to the User for the Products sold through the Papasmart.Online Platform. However, a User shall
not be entitled to receive payments for the Products sold through the Papasmart.Online Platform
from Papa’s Mart, if:
(i) any transaction is suspected to be or is unlawful or unenforceable, as determined by
Papa’s Mart in its sole discretion; or
(ii) if a Transaction is not completed or any Product sold through the Papasmart.Online
Platform is returned by a User being buyer of the Product or remains undelivered to such User
being buyer of the Product; or
(iii) Papasmart.Online ceases to render the Services to a User, including for reasons that
may have been separately provided for in these Terms and Conditions or a related agreements/
Policies, whether expressly stated in these Terms and Conditions and the Policies or not.
(iv) If User has used Papa’s Mart discount vouchers maliciously or fraudulently.
7.2 The User, selling its Products, shall at all times, be liable to pay and shall pay all
applicable taxes (including any applicable withholding taxes) in relation to all sales of the
Products made through the Papasmart.Online Platform by way of utilizing the Services. The User
listing the Products for sale of the Products Pan India i.e. national listing shall provide an all-
inclusive price for the Products and in the case a User is listing the Products for local listing only,
shall provide a price that is approved by Papa’s Mart, for display on the Papasmart.Online
Platform, including all taxes, regulatory payments, service charges and other Transaction related
charges.
7.3 All payments required to be paid by Papa’s Mart to the User for the sale of a Product
under these Terms and Conditions and the Policies shall immediately be suspended till such time
as Papa’s Mart deems fit in its sole discretion, in the event that such User commits any fraud or
violates any law or legal requirement or breaches these Terms and Conditions or any of the
applicable Policies.
7.4 The User selling its Products accepts and confirms that the account reconciliation and
payment mechanism offered by Papa’s Mart is fair and adequate for sale of the Products through
the Papasmart.Online Platform.
7.5 The aforementioned payment terms for Users selling the Products shall not be
applicable for third parties providing the intangible Products through the Papasmart.Online
Platform and the same shall be governed by the agreement executed between such third party
and Papa’s Mart.
8. DELIVERY & SHIPPING OF PRODUCTS TO USERS
8.1 The User being seller has the option of delivering the Products on its own or availing
the services of Papa’s Mart in relation to delivery by the logistic partner(s) of Papa’s Mart as per
the delivery and shipping policy of the Products specified below. It is hereby clarified that in the
event the User opts for availing the services of Papa’s Mart in relation to delivery, a delivery
charge as specified on the Papasmart.Online Platform may be payable by the User buying a
Product on account of delivery of the Product by Papa’s Mart ("Delivery Charge").
8.2 It is hereby clarified that provisions of Section 8.1 shall not be applicable for intangible
Products purchased by the User and the delivery of such intangible Products shall be in
accordance with Section 3.3.2 above.
8.3 Delivery locations:
Papa’s Mart ships Product(s) to most locations within India. For logistical reasons, we are unable
to deliver to some locations which are unserviceable. These locations keep on changing and
depend on serviceability by our logistics partners. Papa’s Mart does not deliver items
internationally. The User buying the Products will be able to make purchases on the
Papasmart.Online Platform from anywhere in the world, however the delivery address should be
in India.
8.4 Delivery time:
All Product(s) purchased through the Papasmart.Online Platform or any other portal or through
voice/mobile /email/sms etc. are collectively termed as Papasmart.Online orders. All
Papasmart.Online orders will be shipped to the User buying a Product in accordance with the
terms of these Term and Conditions.
In the case of local area deliveries, as specified on the Papasmart.Online Platform, the
Product(s) shall be shipped the next day from the time of successful placement of order by a
Buyer subject to the availability of the Product with the User selling the Products. In case of
national deliveries, outside the local area deliveries, as specified on the Papasmart.Online
Platform, the Product(s) will be shipped and delivered to the User buying the Products, within 12
(Twelve) working days of placing the order, depending on the availability of the Product with the
User, selling the Products and serviceability of delivery location. In some cases it may take more
than 12 (Twelve) working days, due to the geographical location of the User buying the Product.
8.5 Delivery Charges:
Papa’s Mart usually provides free local delivery to Users buying a Product above 500 INR on all
orders. If any delivery fee is charged from the Buyer this will specifically be indication to the
Users buying a Product while the Users buying a Product, places the order or later or through
any mode of communication. If delivery charge is conveyed after placing the order by the Users
buying a Product, the order will be shipped only after receiving written confirmation from the
Users buying a Product. A User buying a Product, hereby agrees that in event the value of the
Product is less than INR 500, Papasmart.Online shall be entitled to charge INR 50 (Rupees 50
Five) per such Product.
8.6 Failure to receive order:
The logistics partner(s) of Papa’s Mart shall make all reasonable efforts to deliver the Products
ordered by the User buying the Product, at the address communicated by it at the time of
placement of the order. However, if the User buying the Product is not able to take delivery of the
Product, the same would be returned back to the User selling the Product. In the event, the User
buying the Product requests Papa’s Mart to resend the Product(s), the same would be resent
only if the Product is available with the User selling the Product. In case of such an event, the
User selling the Product may at its discretion levy additional delivery charges. In the event, the
User selling the Product is unable to send/ resend the Product due to its non-availability with the
User selling the Product, the amount/ price paid for the Product by the User selling the Product
shall be reversed to the User buying the Product account where payment has been made
through payment gateways. No such refund due to non -deliverability will be applicable to orders
placed with cash on delivery options.
8.7 Part Delivery: Papa’s Mart may dispatch the ordered Product(s) in separate parcels and
on different dates.
8.8 Delivery for Cash on Delivery Orders: All cash on delivery order payments have to be
made at the time of order delivery to our logistics partner. The Product(s) would be handed over
to the User buying the Products only after receipt of the payment for the Product(s).
8.9 Order Tracking: Papa’s Mart will make best efforts to keep the User buying the
Products informed about its order. However, the User buying the Products can also contact the
customer care center of Papa’s Mart to enquire about the status of its order.
9. INDEMNITY
9.1 A User, selling its Products on the Papasmart.Online Platform, shall keep Papa’s Mart,
its affiliates and group companies, successors, assigns and its respective officers, directors and
agents, shareholders, representatives indemnified and defend and hold harmless from and
against all actions, proceedings, claims, liabilities (including statutory liability), penalties,
demands and costs (including without limitation, legal costs), awards, damages, losses and/or
expenses however arising directly or indirectly, including but not limited to, as a result of:
(i) breach or non-performance by the User of any of its undertakings, warranties,
covenants, declarations or obligations under these Terms and Conditions; or
(ii) any claim or proceeding brought by any of the customer of the Products or any other
person against Papa’s Mart in respect of any Products or Transaction on the Papasmart.Online
Platform, whether or not such complaint was settled by the User who sold the Product or was an
unsettled claim; or
(iii) any negligent act or omission or default or misconduct or fraud of the User or its agents
or its customers; or
(iv) any hacking or lapse in security of the Papasmart.Online Platform or the data on the
Papasmart.Online Platform; or
(v) any act, deed, omission or non-performance on the part of the User which renders the
Transaction conducted through the Papasmart.Online Platform invalid.
9.2 The indemnities provided herein and provisions making reference to the indemnities
shall survive the termination of these Terms and Conditions and the Policies.
9.3 The provisions of Section 10 shall not be applicable for third parties providing the
intangible Products through the Papasmart.Online Platform and the same shall be governed by
the agreement executed between such third party and Papa’s Mart.
10. LIMITATION OF LIABILITY
10.1 Notwithstanding anything stated under these Terms and Conditions and the Policies,
in the unlikely and rare event, of Papa’s Mart being liable to a User selling its Products, the
aggregate liability of Papa’s Mart from any cause whatsoever shall not in any event exceed sum
equivalent to the Fee of a single, most recent transaction of such User in question or the amount
due to such User, as appearing on the account statement, after reconciliation, whichever is
lower.
10.2 Notwithstanding anything stated under these Terms and Conditions and the Policies,
in the unlikely and rare event, of Papa’s Mart being liable to a User buying the Products, the
aggregate liability of Papa’s Mart from any cause whatsoever shall not in any event exceed an
amount equivalent to the payment made by such User in relation to the Transaction under which
such claim has been made.
10.3 The provisions of Section 11 shall not be applicable for third parties providing the
intangible Products through the Papasmart.Online Platform and the same shall be governed by
the agreement executed between such third party and Papa’s Mart.
11. DISCLAIMER OF WARRANTIES AND LIABILITIES
11.1 It is hereby clarified that all Products or services made available to a User through the
Papasmart.Online Platform are provided on an 'as is' and 'as available' basis, without any
representations and warranties, express or implied by Papa’s Mart. Papa’s Mart does not make
any representations pertaining to the information, content, Products or services included on or
otherwise made available to a User through the Papasmart.Online Platform.
12. INTELLECTUAL PROPERTY
12.1 The User, where applicable, hereby grants Papa’s Mart and its associates and
representatives for the purposes of these Terms and Conditions, a non-exclusive, royalty-free,
sub-licensable, limited license to use, display and reproduce the trademarks, service marks and
logos of a User, selling its Products on the Papasmart.Online Platform. The User, where
applicable, hereby confirms that such User has the right to use the said marks and logos and to
grant permission to use as stated herein. Such User shall retain all intellectual property rights in
such marks.
12.2 All co-promotion and sale promotion for the Products shall be as per separate terms
and conditions agreed between Papa’s Mart and the User's in writing.
12.3 Nothing contained herein shall authorize a User to use, display or exploit the
intellectual property rights of Papa’s Mart. without the prior written consent of Papa’s Mart. The
User, selling its Products on the Papasmart.Online Platform shall have the right to state that
Products are available on Papasmart.Online Platform at its offline stores and other promotional
and advertisement initiatives for the Products.
13. CONFIDENTIALITY
13.1 The User, where applicable, shall keep all the information pertaining to the Services
including but not limited to the customer data and the transactions on the Papasmart.Online
Platform ("Confidential Information"), confidential and shall not be disclosed to any person other
than its officers (to the extent necessary to consummate the transaction contemplated hereby)
without the prior written consent of Papa’s Mart.
13.2 Confidential Information shall mean all the information of a confidential nature
disclosed (whether in writing, verbally or by any other means and whether directly or indirectly)
by Papa’s Mart to a User whether before or after the date of these Terms and Conditions. The
User, where applicable, shall not, during the pendency of these Terms and Conditions, or at any
time after these Terms and Conditions and the Policies expire or terminate, divulge or use any
Confidential Information for the benefit of any other person, corporation, partnership,
proprietorship, association, or other entity, nor will the User, directly or indirectly permit the
disclosure of any Confidential Information or aid any third party to imitate any Confidential
Information.
14. TERMINATION
14.1 Papa’s Mart may terminate these Terms and Conditions and the Policies and/or the
Services and/or Indirect Services hereunder for any reason including for reasons of breach of
these Terms and Conditions, or any of the Policies on the Papasmart.Online Platform or any
other agreement between Papa’s Mart and the User in relation to the Papasmart.Online Platform.
The User's sole right to terminate these Terms and Conditions and the Policies is by not using
the Papasmart.Online Platform and deleting its account with Papa’s Mart.
14.2 The provisions of Section 15 shall not be applicable for third parties providing the
intangible Products through the Papasmart.Online Platform and the same shall be governed by
the agreement executed between such third party and Papa’s Mart.
15. CONSEQUENCES OF TERMINATION:
15.1 Termination shall not affect any liabilities incurred by a User prior to the termination or
for acts performed during the pendency of these Terms and Conditions and the Policies which
may result in a dispute post-termination of these Terms and Conditions, nor any provision
expressed to survive or to be effective on termination and the obligations set out in this Section
shall remain in full force and effect notwithstanding termination. Papa’s Mart and the User (where
applicable) availing the Services provided by Papa’s Mart, shall undertake to settle all
outstanding dues to arising out of these Terms and Conditions and the Policies within 30 (Thirty)
days of the termination taking effect.
15.2 All materials, documentation, instruction manuals, guidelines, letters and writings and
other materials issued by Papa’s Mart from time to time in respect of these Terms and
Conditions, whether in respect of the utilization of the payment gateway or otherwise shall be
returned immediately to Papa’s Mart.
15.3 The provisions of Section 16 shall not be applicable for third parties providing the
intangible Products through the Papasmart.Online Platform and the same shall be governed by
the agreement executed between such third party and Papasmart.Online