Terms & Condition
Please
read the following terms and conditions (“T&Cs”/”Agreement”) carefully
before registering on, accessing, browsing, downloading or using the EmarinersApp
website located at emarinersapp.com
or the EmarinersApp mobile application run by EmarinersApp Private
Limited, having its registered office at Hirak Road, Sugiadih More, Dhanbad,
Jharkhand, Pin 828109.
A. Eligibility
The
EmarinersApp
Marketplace services are not available to persons under the age of 18
(Eighteen) or to anyone previously suspended or removed by EmarinersApp from
availing the EmarinersApp marketplace services or accessing the EmarinersApp
Platform. By accepting the T&Cs or by otherwise using the EmarinersApp
services on the EmarinersApp Platform, you represent that you are at least 18
years of age and have not been previously suspended or removed by EmarinersApp
or disqualified for any other reason, from availing the EmarinersApp services or
using the EmarinersApp platform. In adition, you represent and warrant
that you have the right, authority and capacity to enter into this Agreement
and to abide by all the T&Cs as part of this agreement. Finally, you shall
not impersonate any person or entity or falsely state or otherwise misrepresent
your identity, age or affiliation with any person or entity. Finally, in the
event of any violation of the T&Cs, EmarinersApp reserves the right to
suspend or permanently prevent you from availing EmarinersApp Services or
using the EmarinersApp platform.
B. EmarinersApp Terms and Conditions
The
T&Cs in relation to the online marketplace service on the EmarinersApp
platform set out below are applicable to and binding on you in conjunction with
the general T&Cs already accepted by you. Each T&C is applicable to and
binding on you, or any of your activities on the EmarinersApp platform, even if such terms or condition is
not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’
mentioned here includes the terms and conditions in relation to the marketplace
set out below, the other service-specific terms and conditions in relation to EmarinersApp
Services or EmarinersApp platform.
EmarinersApp
is the provider of online marketplace service, where products are displayed online
by the various registered merchants for sale and you can purchase the same,
subject to the marketplace Terms as well as T&Cs in general. EmarinersApp
offers the online marketplace services to you through various modes including
issue of coupons & vouchers and through various websites accessible through
the EmarinersApp
platform. The actual contract for sale is directly between the EmarinersApp
and you. In using the online market place service, you explicitly agree and
acknowledge that:
- EmarinersApp Platform also makes available a variety of branded products/
services offered by its Merchant partners. Purchase of such products will
be subject to the terms of offer for sale, and such other additional
terms, if any, as specified by the Merchant. EmarinersApp is a
facilitator and does not take any legal responsibility for the
authenticity or quality of such branded products/services and customers
are encouraged to exercise prudence and diligence before purchasing such
products or availing such services.
- EmarinersApp may offer delivery services through its logistics/courier
partners for the products on the EmarinersApp platform as per EmarinersApp’s
T&Cs, which may be changed by EmarinersApp without any notice
to you.
- EmarinersApp is not a warrantor of the products/ services being offered on
the EmarinersApp platform by various Merchants. You understand
that any issue or disputes regarding the warranty, guarantee, quality, and
service will be addressed either by the manufacturer/ service provider or
the Merchant and you agree to handle such issues and disputes directly
between you and the Merchant/ manufacturer. All the products are governed
by the terms of warranties provided by the respective Merchants/
manufacturer/ owners of brands/ sellers. However, in case any product is
covered under seller (Merchant) warranty, it shall be specifically
mentioned under the product details. You acknowledge that EmarinersApp
gives no warrantee/guarantee, either express or implied, regarding the
product bought by you or for the use or availability of online marketplace
service. Customers are encouraged to exercise prudence and diligence
(including by viewing any available customer reviews of the products or
services or the Merchant) before purchasing such products or availing such
services.
- The price of products offered on the
EmarinersApp
platform is MRP, retail price, sale price, discounted price as offered by
our Merchant partner. EmarinersApp is not liable for
any manufacturing defect, faulty product received, warranty claims, after
sales service for any of the products purchased on the EmarinersApp
Platform. EmarinersApp will
make best efforts to assist customers in issue resolution including refund
or arranging replacement but it will not bear the risk from legal claims
for any misrepresentation or selling of wrong product.
- The provision of Third Party Content
is for general informational purposes only. You acknowledge that the Third
Party Content provided to you is obtained from sources believed to be
reliable. EmarinersApp does not provide any guarantee with respect
to any of the Third Party Content and EmarinersApp shall not be held
liable for any loss suffered by you based on your reliance on or use of
such Third Party Content.
- Cancellation
- Cancellation by EmarinersApp:
There may be certain orders that EmarinersApp is unable to
accept and service and these may need to be cancelled. Some situations
that may result in your order being cancelled include, non-availability
of the product or quantities ordered by you, non- availability of the
delivery service in the address to which product is required to be
shipped, inaccuracies or errors in pricing information, problems
identified by EmarinersApp’s credit and fraud avoidance department or
due to any major technical snag. EmarinersApp may also require
additional verifications or information before accepting any order.
EmarinersApp will contact you if all or any portion of your order
is cancelled or if additional information is required to accept your
order. If your order is cancelled after your credit card or bank account
has been charged, the said amount will be reversed back in your credit
card / bank account. A promo code, once used, shall not be refunded in
case of cancellation of order either by you or EmarinersApp.
- Cancellation by the customer: In
case of requests for order cancellations, EmarinersApp
reserves the right to accept or reject requests for order cancellations
for any reason whatsoever. As part of usual business practice, if EmarinersApp
receives a cancellation notice and the order has not been processed/
approved by EmarinersApp, EmarinersApp shall cancel the
order and refund the entire amount to you instantly. EmarinersApp will
not be able to cancel orders that have already been partially or fully
processed. EmarinersApp has the full right to decide whether an
order has been processed or not or whether an order has been partially or
fully processed. You agree not to dispute the decision made by EmarinersApp
and accept EmarinersApp’s decision regarding the cancellation. In
cases where it is not possible to cancel orders since they have already
been shipped, refund shall be made subject to the return process post
return request is raised and you would get replacement or refund once the
original item is back with EmarinersApp in good sale-able
condition.
- EmarinersApp reserves the right to cancel any orders that classify as ‘Bulk
Order’ as determined by EmarinersApp as per certain
criteria. Any EmarinersApp promo code used for placing the ‘Bulk Order’
will not be refunded as per this cancellation policy. An order can be
classified as ‘Bulk Order’ if it meets with any of the below mentioned
criteria, which includes but is not limited to:
- Products ordered are not for
self-consumption but for commercial resale;
- Multiple orders placed for same
product at the same address;
- Bulk quantity of the same product
ordered;
- Invalid address given in order
details; or
- Any malpractice used to place the
order.
Promo
codes shall be subject to specific terms and conditions, from time to time and EmarinersApp
may disallow usage which breaches such terms and conditions.
- Delivery of the Product: Your
shipping address and pin code will be verified with the database of EmarinersApp
for delivery serviceability before you proceed to pay for your purchase.
In the event your order is not serviceable by our logistics partners or
the area is not covered, we would request you to provide us with an
alternate shipping address which we expect to have on our partner’s
delivery list. In case there is any dispute regarding the shipment of the
product or services for the area not covered by EmarinersApp, in
such cases EmarinersApp will not be responsible for the non-delivery
of the product. In case you book multiple orders for the products and
services in one transaction, EmarinersApp would endeavour to
ship all products together. However, this may not always be possible due
to some product characteristics or logistical issues. If you purchase
multiple products in single transaction, then all the products would be
dispatched to a single shipping address given by you. If you wish to ship
products to different addresses, then you should book the orders
separately based on the delivery addresses. Products shall be delivered by
the Courier Partner at the address given by the customer while making the
purchase and EmarinersApp shall not be held responsible in case the
address shared was incorrect.
- Return Policy
- In the event you receive a damaged
/ defective product or a product that does not comply with the
specifications as per your original order, you are required to get in
touch with the customer service team.
- Upon receiving your complaint, EmarinersApp
shall verify the authenticity and the nature of the complaint. If EmarinersApp
is convinced that the complaint is genuine, EmarinersApp will
inform the relevant party for such complaint and request for a
replacement. However, in the event of frivolous and unjustified
complaints regarding the quality and content of the products, other than
not requesting for a replacement, EmarinersApp reserves the
right to pursue necessary legal actions against you and you will be
solely liable for all costs incurred by EmarinersApp in
this regard. You expressly acknowledge that the Merchant selling the
defective product/ service will be solely responsible to you for any
claims that you may have in relation to such defective product/ service
and EmarinersApp shall not in any manner be held liable for
the same.
- Before accepting shipment of any
product, kindly ensure that the product’s packaging is not damaged or
tampered. If you observe that the package is damaged or tampered, EmarinersApp
requests you to refuse to accept delivery and inform EmarinersApp at the
earliest. The return process of the product may be restricted by EmarinersApp
depending on the nature and category of the product.
- In order to return any products
sold through the EmarinersApp Platform, you are
required to comply with the following conditions:
- For non-damaged/ non-defective
product, you shall be allowed to return the product within the time
frame displayed on website at the time of purchase;
- Please notify EmarinersApp
of receipt of damaged/ defective product within 48-hours of delivery to
you. If you are unable to do so within 48-hours, EmarinersApp
/Merchant/manufacturer/service provider shall not be held liable for the
failure to replace the order;
- EmarinersApp will arrange pick-up of the damaged/defective product
through its own logistics partner. In the event EmarinersApp is
unable to do so, EmarinersApp will notify you
regarding the same and you will be required to dispatch the product using
a reputed courier in your respective area within one (1) day from
receipt of such notice. Courier freight charges will be reimbursed in
such form as is determined by the logistics team upon prior consultation
with EmarinersApp;
- Products should be returned in
their original packaging along with the original price tags, labels,
barcodes, user manual, warranty card and invoices, etc.;
- EmarinersApp offers hassle-free returns to simplify returns for buyers
and sellers. If applicable, you also authorize EmarinersApp to
place the return shipping costs on your invoice;
- It is advised that the return
packets should be strongly and adequately packaged so that there is no
further damage of products during transit;
- The returned products are subject
to verification and checks by EmarinersApp in order to
determine the legitimacy of the complaint/ return;
- In the event the return of a
product is duly accepted by EmarinersApp, the value of
such product, as originally paid by you during acceptance of delivery of
product or otherwise, as adjusted with any credits/discount/offers, will
be refunded to you. Refund will be processed based on the mode of
payment and EmarinersApp will credit your refunds directly into your
source of payment. Refunds will be subject to the following:
- Orders paid online will be
refunded instantly through the source of payment;
- For Cash on Delivery payments
also the amount will be refunded into your source of payment;
- A promo code, once used, shall
not be refunded in case of cancellation of order either by you or EmarinersApp.
- By accepting the Marketplace Terms
here and the T&Cs in general, you accept that EmarinersApp may
send the alerts to the mobile phone number/ email address provided by you
at the time of registering for the EmarinersApp Service/
EmarinersApp Platform or to any such number/e-mail address
replaced and informed by you subsequently.
- Content: Content on the EmarinersApp
Platform displayed tries to offer reliable data, EmarinersApp cannot
promise that the catalogues will always be accurate and up-to-date, and
you agree that you will not hold our catalogue providers or us responsible
for inaccuracies in the catalogues. The catalogue may include copyrighted,
trademarked or other proprietary materials. You agree not to remove any
copyright, proprietary or identification markings included within the
catalogues or create any derivative works based on catalogue content.
- Limitation of liability and waiver:
In no event, EmarinersApp or sellers, contractors, agents, licensors,
partners or suppliers will be liable to you for any special, indirect,
incidental, consequential, punitive, reliance, or exemplary damages
(including without limitation lost business opportunities, lost revenues,
or loss of anticipated profits or any other pecuniary or non-pecuniary
loss or damage of any nature whatsoever) arising out of or relating to:
(i) this Agreement/T&C; (ii) the EmarinersApp Marketplace
Services, the EmarinersApp Platform or any reference site/app/platform/service;
or (iii) your use or inability to use the EmarinersApp
Marketplace Services, the EmarinersApp Platform
(including any and all materials) or any reference
sites/app/platform/service, even if EmarinersApp or a EmarinersApp
authorized representative has been advised of the possibility of such
damages. In no event, EmarinersApp or any of its
contractors, directors, employees, agents, third party partners, licensors
or suppliers will be liable to you for any damages, liabilities, losses,
and causes of action arising out of or relating to: (i) this Agreement;
(ii) the EmarinersApp Marketplace Services, the EmarinersApp
Platform or any reference site/app/platform/service; or (iii) your use or
inability to use the EmarinersApp Marketplace
Services, the EmarinersApp Platform (including any and all materials) or
any reference sites/app/platform/service; or (iv) any other interactions
with EmarinersApp, however caused and whether arising in
contract, tort including negligence, warranty or otherwise, beyond or in
excess of the amount paid by you, if any, for using the portion of the EmarinersApp
Marketplace Service or the EmarinersApp Platform giving
rise to the cause of action, or beyond or in excess Rs. 5,000/- (Rupees
Five Thousand only), whichever is less.You acknowledge and agree that EmarinersApp
has offered its products and services, set its prices, and entered into
this Agreement in reliance upon the warranty disclaimers and the
limitations of liability set forth herein, that the warranty disclaimers
and the limitations of liability set forth herein reflect a reasonable and
fair allocation of risk between you and EmarinersApp and
that the warranty disclaimers and the limitations of liability set forth
herein form an essential basis of the bargain between you and EmarinersApp.
EmarinersApp
would not be able to provide the services to you on an economically
reasonable basis without these limitations. Applicable law may not
completely allow the limitation or exclusion of liability or incidental or
consequential damages, so the above limitations or exclusions will apply
to you subject to applicable law. In such cases, EmarinersApp’s
liability will be limited to the fullest extent permitted by applicable
law. This paragraph shall survive the termination of this Agreement or the
T&Cs and the Marketplace Terms.
- Dispute Resolution: If any dispute,
controversy or claim arises under this Agreement or in relation to any EmarinersApp
Marketplace Service or the EmarinersApp Platform,
including any question regarding the existence, validity or termination of
this Agreement or T&Cs or the Marketplace Terms
(hereinafter Dispute), the parties shall use all reasonable
endeavours to resolve such Dispute amicably. If the parties are unable to
resolve the Dispute amicably within 30 days of the notice of such Dispute,
EmarinersApp
may elect to resolve any dispute by a binding arbitration in accordance
with the provisions of the Indian Arbitration & Conciliation Act, 1996
(hereinafter Act). Such Dispute shall be arbitrated on an individual
basis and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The Dispute shall be resolved by a sole
arbitrator, appointed by EmarinersApp in accordance with
the Act. The seat of the arbitration shall be Ranchi and the language of
this arbitration shall be English and/or Hindi. Either you or EmarinersApp
may seek any interim or preliminary relief from a court of competent
jurisdiction in Ranchi necessary to protect the rights or the property
belonging to you or EmarinersApp (or any of our
agents, suppliers, and subcontractors), pending the completion of
arbitration. Any arbitration shall be confidential, and neither you nor EmarinersApp
may disclose the existence, content or results of any arbitration, except
as may be required by law or for purposes of enforcing the arbitration
award. All administrative fees and expenses of arbitration will be divided
equally between you and EmarinersApp. In all arbitrations,
each party will bear the expense of its own lawyers and preparation. This
paragraph shall survive termination of this Agreement, the T&Cs or the
Marketplace Terms.
- Jurisdiction and dispute resolution:
Subject to the Dispute Resolution section above, you agree that any claim
or dispute you may have against EmarinersApp must be resolved
by a court having jurisdiction in Ranchi, India. You agree to submit to
the personal jurisdiction of the courts located within Ranchi, India, for
the purpose of litigating all such claims or disputes. This Agreement
shall be governed by Indian law. This paragraph shall survive termination
of this Agreement.
C. CASHBACK
Any Cashback (subject to terms and
conditions therein) for sale of physical goods on EmarinersApp Platform is being extended
for using “EmarinersApp
Payments” on marketplace run and operated by EmarinersApp. Cashback can be used to pay
for anything on Merchants accepting “EmarinersApp payments” platform or may be transferred to
the person’s bank account.