Terms and Conditions for Mallovo Mart
Last Updated: 18th December 2024
This document is an electronic record and published in accordance with the provisions of the Information Technology Act 2000 and the rules thereunder and generated by a computer system and does not require any physical or digital signatures.
A. This website www.mallovo.in (Website) and mobile application ‘Mallovo mart’ (App) (Website and App collectively referred to as the “Platform”) is operated and managed by the Company. The term Company shall collectively and individually refer to each company which operates and manages the Platform for undertaking retail business with respect to the respective cities.
B. These terms of use (“Terms”) govern Your use of the Platform, and for the purpose of these Terms the Company may wherever context so require, be also referred to as, “Mallovo mart”, "We", "Us", or "Our" and the terms “You”, “Your” or “User” refer to user of the Platform. We value the trust You place in Us. That’s why, We maintain reasonable security standards for securing the transactions and Your information.
C. Please read these Terms carefully before You use the Platform. If You do not agree to these Terms, You may not use the Products and Services (defined hereinafter) on the Platform, and We request You to uninstall the App. By even merely using/accessing the Platform, You shall be contracting with Mallovo mart and You signify Your acceptance to these Terms and other Mallovo mart policies (including but not limited to the cancellation & refund policy of the Company and published privacy policy (‘Privacy Policy’)) as posted on the Platform and amended from time to time, which takes effect on the date on which You use the Platform, and thereby create a legally binding arrangement to abide by the same. Further, by furnishing Your personal information, You consent to Mallovo mart accessing Your personal information for the purpose of supplies, You also agree that You are interested in availing the supplies through the Platform in accordance with these Terms.
D. Mallovo mart retains an unconditional right to modify or amend these Terms. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. You can access the latest version of these Terms at any given time on the Platform. You should regularly review the Terms on the Platform. Your continued use of and access to the Platform shall be Your consent to such changes. In the event the modified Terms are not acceptable to You, You should discontinue accessing the Platform.
1. Products and Services
1.1. You acknowledge that the Platform allows You to purchase/avail the following Products/Services including
1.1.1. a personal, limited, non-exclusive, non-transferable, and revocable privilege to access and use the Platform for the purposes of purchasing select products including consumer goods such as grocery, pharmaceutical products, Ecommerce product, food products (collectively, “Product(s)”) from the Company, sold on a business to consumer (B2C) basis for personal consumption and not for resale. The Company does not provide services such as handling of Products, last mile delivery services including late night delivery and other services (collectively, “Services") without purchase of Products on Platform and the fee may be charged for the same.
1.1.2. promptly and efficiently responding to Your queries or issues relating to Your Account and the supplies availed by You, using the Platform.
1.2. The said revocable privilege to access does not include/permit resale or commercial use of the Platform or its Content (as defined below), in any manner. The Company may, at its discretion, add, modify, or remove any of the Products and/or Services listed above from time to time without notice. The Company may also make applicable, at its discretion, additional terms and conditions specific to any category or section of Products in addition to these Terms and Your purchase of any of such category or section of Products shall also be governed by such additional terms and conditions. The Company reserves the right to provide the supplies in any area or city in India, as may be determined by the Company in its sole discretion. Before applying or registering for availing any of the supplies, we request You to please check if the supplies are available in Your area or city. The Company provides last mile delivery of Products by itself. by engaging third party pick-up and delivery service providers.
1.3. The Company does not: (i) adopt any ‘unfair trade practices’ either on the Platform or otherwise with respect to the Products and Services; (ii) discriminate between Users of the same class or make any arbitrary classification of the Users; or (iii) discriminate between the third-party delivery service providers.
2. Eligibility to Use
2.1. The supplies are not available to minors i.e., persons under the age of 18 (eighteen) years, undischarged insolvent, or to any Users who are not competent to enter into a contract under the Indian Contract Act, 1872, unless otherwise provided hereunder. You hereby represent that You are: (i) of legal age to form a binding contract, (ii) not a person barred from receiving the supplies from the Platform under the applicable laws; and (iii) competent to enter into a binding contract. If You are under the age of 18, You shall use and access the Platform only with the express consent of a parent or guardian and under their supervision.
You will not discriminate against third-party delivery service providers based on race, religion, caste, creed, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to receive supplies based on the above metrics, whether alone or in conjunction with any other metric, shall render you ineligible, leading to suspension of access to the Platform. You will not have any claim towards, and we will not have any liability towards any suspension which is undertaken as a result of the aforementioned event.
3. User Account, Password, and Security
3.1. In order to access the supplies on the Platform, You will have to register and create an account on the Platform by providing details as may be required in the Privacy Policy (“Account”).
3.2. You are solely responsible for the information You provide to Us. You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request Mallovo mart for information revision or update. If the information provided by You is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Mallovo mart reserves the right to refuse any and all the supplies, if Mallovo mart has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.
3.3. You will be responsible for the confidentiality of the Account information provided and fully responsible for all activities that take place on Your Account. You agree to immediately notify Mallovo mart of any unauthorised access of Your Account. You may be held liable to pay damages for losses caused due to unauthorised use of Your Account as a result of Your failure to keep Your Account information secure and confidential.
4. Payment related Information
4.1. The information relating to the accepted payment methods on the Platform shall be displayed during the purchasing process.
4.2. To the extent permitted by applicable law and subject to the Privacy Policy, You acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information. The Company can ensure such third-party vendors and service providers possess necessary licenses from the appropriate authority.
4.3. In order to avail the supplies, You undertake to use and provide valid bank details or other details required for facilitating payment towards the supplies (“Payment Details”). By providing the Payment Details, You represent, warrant, and covenant that: (a) You are legally authorized to provide such Payment Details; (b) You are legally authorized to perform payments using such Payment Details; and (c) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.
4.4. Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because:(a) Your bank account or any other payment did not contain sufficient funds to complete the transaction; (b) You have not provided the Company with correct Payment Details; (c) Your payment card has expired; or (d) circumstances beyond the Company’s reasonable control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) which prevent the execution of the transaction.
4.5. The Company shall not be responsible for any unauthorised transactions conducted on the Platform using Your Payment Details. The Company shall not be obligated to refund any money to You in such instances.
4.6. The payment facility provided by Company is neither a banking nor a financial service but is merely a facility providing an electronic, automated online electronic payment system, and receiving payment on delivery for the transactions on the Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable. For some payment methods, Your issuer may charge You certain fees, such as transaction fees or other fees, relating to the processing of Your transaction.
4.7. Mallovo mart wallet The Company provides a Wallet facility as one of the Payment options to its Users (“Mallovo mart Wallet”) which can be used for availing supplies on the Platform. You hereby consent that Your use of Mallovo mart Wallet is subject to the geographical and other usage restrictions as may be made applicable from time to time and shall also be subject to the additional terms and conditions.
4.8. Title of any Products purchased by You on the Platform shall be transferred to You post You making applicable payment for the same and also comply with any requirements which are applicable for the order.
5. Prices of Products
5.1. The ownership of the Products is transferred to You upon delivery of Products at the address/location specified by You.
5.2. The prices of each of the Products may vary due to various factors and You may check the price on the Platform before placing an order. By placing an order You agree to pay the prices mentioned therein. All the Products listed on the Platform will be sold at Indian Rupees either at Maximum Retail Price (MRP) (inclusive of all taxes) or at a discounted price unless otherwise specified. The prices of the Products may be modified from time to time. The Company endeavours to make available the Products at the best prices as possible on the Platform. There can be an unintended error with respect to the Prices and other information of the Products. You may bring it to Our notice of such errors and we shall effect necessary corrections.
5.3. The Users will be informed about all the charges, fees, and costs (including, delivery fee) that may be levied on the purchase of the Products on the Platform at the checkout page during a transaction. The Company does not manipulate the price of any Products offered on the Platform.
5.4. The expression 'Lowest Prices in 10 Minutes' pertains to the computation of average prices for all Products offered for sale by the Company on the Platform, in comparison to competitors in the quick commerce segment for groceries, in most cases. The Company expressly disclaims any liability associated with the individual products sold on the Platform.
6. Delivery, delivery fee, other fee and delivery time
6.1. Last mile delivery charges are for the delivery services forming part of the sale of Products purchased by You on the Platform. The Company shall provide delivery of the Products upon purchase during such time period as communicated to You through the Platform. The Company endeavours to show the estimated delivery time for every order, however, the Company does not guarantee the delivery within the said time, since the exact delivery time of each order may vary due to various factors such as availability of third party delivery service providers, demand, traffic and weather conditions, a force majeure event, etc. Company endeavors to deliver the orders within 10 minutes, it may be possible that the delivery time may exceed then the claimed time due to the aforementioned reasons. Further, You can check the estimated time of arrival (ETA), when You go to the homepage of the App even before placing an order, to ensure that You are aware of the ETA before proceeding with placing an order. You agree that the Company reserves the right to charge You, fee for rain, peak hours and/or very high demand, late night fee, packing handling charges, convenience/platform fee, small cart fee, any other fee in addition to the delivery fee, which You can see on the view bill section before check out page on the App.
6.2. The delivery of the Products will be made to the delivery address specified by You while placing the order for the Products on the Platform. You are solely responsible for providing a complete and correct delivery address and, if applicable, further instructions for delivery. The Company shall not be responsible for any delay in delivering the order placed by You on the Platform caused due to the incorrect or incomplete address provided by You.
6.3. The goods will ordinarily be delivered when an appropriate person is able to receive the order at the address provided by You. If You request to leave a delivery unattended at Your address, You expressly disclaim the Company from all the liabilities which may arise by virtue of the Products being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination, and the result of any change in temperature of the items which need to be kept chilled or frozen.
6.4. In the event You opt to make payment for the Products by ‘Cash on Delivery (CoD)’ mode, the Company shall have the right to refuse delivery of the ordered Products to You if You fail to make the complete payment and the Company shall treat such order as cancelled order and shall not be liable for any losses or damage that may arise on account of such non – delivery to You. The Company shall reserve the right to charge You, the delivery fee any other fees for such cancelled order and recover the same, at its sole discretion towards the cost incurred on such delivery attempt.
Returns, Cancellations, and Refunds,
7.1 Returns
7.1.1 You may return the Product in an order, subject to the following, conditions:
7.1.1.1 wrong item being delivered other than what You had ordered in an order or
7.1.1.2 Items substantially damaged or deteriorated in quality at the time of delivery. You agree that You shall give Us all the requisite proofs including but not limited to images of Products having issues.
7.1.2 You shall check the Products upon delivery and initiate exchange or return with the requisite proofs on the Platform. You may exchange or return the product by contacting Our customer care also. IT IS HEREBY CLARIFIED THAT NO EXCHANGE OR RETURNS SHALL BE ACCEPTED IF THE PRODUCT PACKAGING IS OPENED OR PRODUCT IS USED/CONSUMED EITHER IN PART OR OTHERWISE.
7.1.3 You may request exchange or return the Products, purchased from Us provided the Products are sealed/unopened/unused and in original condition and on the same day of delivery. Please note, the requests for exchange or returns will not be accepted from the day following the day when We had delivered the Product/s to You. We may request You to dispose off the Products for which We have processed a refund.
7.2 Cancellations: You may cancel an order without charge at any time before the Company accepts the order. You cannot cancel the order post acceptance of order by the Company. The Company may cancel an order (in full or partially) for the reasons including shortage or unavailability of certain Products or force majeure events. In case the Company cancels any order, You will not be charged for such cancellations, and the Company will refund You for any payment already made.
7.3 Refunds:. Please be informed that when You opt to cancel or return the Products, upon our verification of the Products and the documents relating thereto, the refund amount for such Products which are eligible for return as per these Terms, will be processed within a period of seven (7) business days from the date of us verifying and confirming the refund request. Your refund will be processed only when the conditions as may be stipulated by Us are fulfilled. The refund amount will be credited to the source account or in the Mallovo mart Wallet as may be chosen by You. You acknowledge that after initiation of refund, it may take additional time for Your refund to reflect in Your account which is subject to Your financial institution or payment gateway service provider terms and conditions
7.4 The terms for acceptance of returns, cancellation and refunds shall be subject to reasonable additional conditions and shall be communicated to the User, from time to time, through the push notifications on the Platform, or any other mode of communication as specified in these Terms or as determined by the Company.
8. User care:
8.1 The warranty and guarantee, if any, applicable to the Products shall be that of the manufacturer and You may directly reach out to the manufacturer through the customer care details made available on the Product packaging. The Company is merely a reseller and disclaims any liability with respect to the manufacturing defects, quality, taste, performance of the Products sold.
8.2 You agree and understand that the Product images are representation of the Product and not actual image of the Product sold to You and You shall read the physical product label for the calorific and nutrition value, using instructions, batch, manufacture date, content, weight, manufacturer and the customer care details, as may be relevant, before consumption of the Products. WHILE EVERY REASONABLE EFFORT IS MADE TO MAINTAIN ACCURACY OF INFORMATION ON THE PLATFORM, ACTUAL PRODUCT PACKAGING, MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN WHAT IS SHOWN ON THE PLATFORM. IT IS RECOMMENDED TO REFER THE INFORMATION PRESENTED ON THE ACTUAL PRODUCT PACKAGING
8.3 Company reserves its right to refuse to process transactions by Users with a prior history of questionable transactions including without limitation breach of any agreements by User with Company or breach/violation of any law or any charges imposed by bank or breach of any policy without giving any reasons. Company may do such checks as it deem fit before approving the User's order for security or other reasons at the discretion of Company. As a result of such checks, if the Company is not satisfied with the credibility of the User or genuineness of the transaction, it will have the right to reject such an order. Company may delay the dispatch or cancel any transaction at its sole discretion, if it is suspicious of any User's authenticity or activity or if the User is conducting high transaction volumes, to ensure safety of the transaction.
8.4 Beware of fraud:
8.4.1. Please do not share Your debit/credit card number, CVV number, OTP, UPI/ATM pin and other sensitive information with anyone claiming to be a Company representative. Company or its authorised representatives will NEVER ask You to share the aforesaid details. Beware of fraudsters and please report incidents immediately to Your bank, the nearest police station and at https://cybercrime.gov.in/.
8.4.2. For assistance on a Mallovo mart order or refund related issues, click on the ‘Get Help’ section on the App.
8.4.3. Please exercise caution to verify the portals/website links claiming to be mallovo mart or a lookalike or a payment link shared over social media or a social messaging apps claiming to be Mallovo mart discounts or offers and proactive calls from unauthorised numbers requesting for personal/financial information.
9. Use of Platform
9.1. Subject to compliance with the Terms, the Company hereby grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines; and (c) for availing the supplies through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by the Company and/or other Users.
9.2. You agree that the Platform or any portion of the Platform shall not be reproduced, duplicated, copied, sold, resold or otherwise exploited for commercial purposes.
9.3. You agree to not frame or utilise the framing techniques to enclose any trademark, logo or any other proprietorship information of the Platform.
9.4. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep- link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
9.5. Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that:
9.5.1. belongs to another person and to which the User does not have any right;
9.5.2. is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
9.5.3. is harmful to child;
9.5.4. infringes any patent, trademark, copyright, or other proprietary rights;
9.5.5. violates any law for the time being in force;
9.5.6. impersonates another person;
9.5.7. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
9.5.8. contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
9.5.9. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
9.5.10. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
9.5.11. violate the Terms contained herein or elsewhere; and
9.5.12. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
9.6. You shall solely be responsible for maintaining the necessary computer equipment, gadgets and internet connections that may be required to access, use, and transact on the Platform.
9.7. You understand and acknowledge that by using the Platform or any of the supplies, You may encounter Content that may be deemed by some Users to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Platform and any supplies at Your sole risk and that to the fullest extent permitted under applicable law. The Company shall have no liability to You for Content that may be deemed offensive, indecent, or objectionable to You.
11. Intellectual Property Rights
11.1. The Platform and the processes, and their selection and arrangement, including but not limited to, texts, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is either owned by or licensed by mallovo mart and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
11.2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the licensed property of mallovo mart or owned by third parties. You are not permitted to use the Marks without the prior consent of mallovo mart or the relevant third party (which is the owner of the Marks) respectively. Access or use of the Platform does not authorise any party to use trademarks, logo, or any other mark in any manner.
11.3. mallovo mart disclaims to hold any right, title, or interest in and to the intellectual property rights arising out of or associated with the Products and services sold by the Sellers on the Platform.
11.4. References on the Platform of any name, mark, services or products of third parties has been provided for Your convenience, and in no way constitutes an endorsement, sponsorship or recommendation, whether express or implied.
11.5. Where Platform contains links to other sites provided by third parties, these links are provided for information only. We have no visibility or control over the contents on or available through those sites and You acknowledge and agree that We have no liability for any such content.
11.6. mallovo mart word mark and variances together with device marks displayed on the Platform shall be the licensed property of Us and any use, unless expressly permitted in writing shall amount to infringement and You shall hereby agree and undertake that You recognise Our intellectual property rights and upon acquiring knowledge of any infringement by any third parties, shall report to Us at [email protected]
12. Disclaimer of Warranties & Liability
12.1. You expressly understand and agree that, to the maximum extent permitted by applicable law:
12.1.1. The Platform and other Content are provided by mallovo mart on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, mallovo mart makes no warranty that the Platform or services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by You from Zepto shall create any warranty not expressly stated in the Terms.
12.1.2. mallovo mart will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
12.1.3. Mallovo mart shall not nor is it obligated to mediate or resolve any disputes or disagreements that may arise between You and the Sellers. Zepto does not endorse either implicitly or explicitly, any sale or purchase of Products or services listed on the Platform. However, upon receiving a written request from You following the purchase of any Products and/or services on the Platform, Mallovo mart may provide additional information about the Sellers involved in the transaction as available to facilitate direct communication between You and Sellers for the purpose of dispute resolution.
12.1.4. Mallovo mart has endeavored to ensure that all the information on the Platform is accurate, but mallovo mart neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the services or otherwise. Mallovo mart shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, mallovo mart shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reasons beyond Mallovo mart's reasonable control.
12.1.5. Colours of the Products displayed on the Platform are as accurately as possible. However, the actual colours of the Products You see will depend on Your monitor or device, and We/Sellers do not provide any guarantee in respect of such display and will not be responsible or liable for the same
12.2. mallovo mart makes no representation that the Content on the Platform is appropriate to be used or accessed outside the Republic of India. Any Users who use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction and also consent to Mallovo mart for use of their personal and other information only for the purpose of provision of services. By visiting the Platform or providing Your information, You expressly agree to be bound by these Terms and Our Privacy Notice and also agree to be governed by the laws of India including but not limited to the laws applicable to data protection and privacy. If You do not agree please do not use or access our Platform.
12.3. The Terms do not constitute, nor may the Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
12.4. Prices for any Product(s) displayed on the Platform may be inaccurate due to technical issues, typographical errors, or incorrect information provided by the Seller. In such cases, the Seller reserves the right to cancel the User’s Order(s).
12.5. Mallovo mart accepts no responsibility for any breaches of applicable laws, including those governing the Products and services offered by Sellers or third-party delivery service providers or by payment gateway service providers.
12.6. You acknowledge that third-party services are available on the Platform, and We may partner with certain third parties to facilitate such services. However, You agree that We make no representations or warranties regarding these third-party services or products and will not be liable for any outcomes, including injury, impairment, or death, resulting from their use. You hereby waive any rights or claims You may have against Us in relation to third-party services.
13. Indemnification and Limitation of Liability
13.1. You agree to indemnify, defend and hold harmless Mallovo mart, Sellers, service providers, its officers, directors, consultants, agents, representatives and employees; and its third party partners (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non- performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Notice. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the Privacy Notice, Your violation of applicable laws, or Your violation of any rights of third parties, including any intellectual property rights.
13.2. In no event shall Mallovo mart, its Sellers, its service providers and its directors, officers, partners, consultants, agents, and employees and its partners, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform. Notwithstanding any provisions herein, Mallovo mart, Sellers, service providers’ maximum total liability shall not exceed the amount paid by the User for the purchase of the Product and/or services under the specific order to which the liability relates.
13.3. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
14. Violation of these Terms
14.1. You agree that any violation by You of these Terms will likely cause irreparable harm to Mallovo mart,for which monetary damages would be inadequate and You consent to Mallovo mart obtaining anyinjunctive or equitable relief that they deem necessary or appropriate in such circumstances.These remedies are in addition to any other remedies that Mallovo mart may have at law or in equity.
15. Suspension and Termination
15.1. The Terms will continue to apply until terminated by either You or Mallovo mart as set forth below. If You object to the Terms or are dissatisfied with the Platform, You may (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
15.2. Mallovo mart may disable Your access or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion, that You have violated any term of these Terms or the Privacy Notice or in any way otherwise acted unethically. Notwithstanding contained herein, all terms which by their nature are intended to survive such termination, will survive indefinitely unless and until Mallovo mart chooses to terminate them.
15.3. Any such termination shall not cancel Your obligation to pay for a Product or a service purchased on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
15.4. You shall be liable to pay any fees or charges, if applicable in respect of the services until the date of termination by either party whatsoever.
16. Governing Law and Jurisdiction
16.1. These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Malda, India.
17. Grievance Redressal Mechanism
17.1.1. For any order related issue, You may first reach out to Us via chat support on the Appfor real time basis resolution.
17.1.2. You may also write to Us at s[email protected] and We will strive to resolveYour order related issues within the timelines prescribed under applicable laws.
17.1.3. If You still have any grievances, or complaints or concerns with respect to the Platformor order or are not satisfied with the resolution, the Content, or the services, You cancontact the designated Grievance cum Nodal Officer of mallovo mart as per the below details:
Mr. Chiranjib mishra
mallovo mart
Address: uttarramchandrapur,gobindanagar,malda,noonbahi road,Englishbazar malda WB
Phone: 9002189742
Email: [email protected]
Time: Mon – Sat (9:00 – 18:00)The aforementioned details of the Grievance cum Nodal Officer is provided incompliance of (1) Information Technology Act, 2000 and rules made there under, and(2) Consumer Protection (E-Commerce) Rules 2020, as amended time to time
17.2. The Grievance Officer of Mallovo mart shall endeavour to acknowledge the User grievances, or complaints or concerns with respect to the Platform, the Content, or the services, within 48 hours of receipt of the same and shall endeavour to redresses the same at the earliest and in no event later than 30 (thirty) days of receipt of such request. By lodging a complaint or grievance, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You.
18. Notice of Infringement and Take Down Policy
18.1. Mallovo mart's Take Down Policy enables intellectual property owners to quickly report and remove infringing listings from the Platform.
18.2. Intellectual property owners can report potentially infringing Products or listings by submitting a Notice of Infringement containing all the details as mentioned below. Mallovo mart cannot independently verify that Sellers have the rights to sell or distribute their Products or services but is fully committed to protecting intellectual property rights.
18.3. Steps to report a listing:
If You have a sincere belief that a Seller on Our Platform is infringing Your intellectual property rights, please follow the below steps. We request You to provide the following information and email it to [email protected]. The email should include:
18.3.1. Identification or description of the copyrighted work/ trademark that has been infringed along with registration/application details and images.
18.3.2. Your contact information.
18.3.3. An undertaking from You that
a. You have a good faith belief that the use of the material complained of is not authorized by the trademark or copyright or intellectual property owner, its agent, or the law.
b. The information in the notice is accurate and that You are the trademark or copyright or intellectual property owner or authorized to act on the trademark or copyright or intellectual property owner's behalf.
18.3.4. Such other information that You think is important for supporting Your claim.
18.4. Mallovo mart’s actions
Upon receiving a duly completed notice with the necessary documentation as described above, and after confirming the authenticity of the claim, Mallovo mart may take steps to remove or disable access to the alleged infringing content provided by third parties. Mallovo mart may also inform the respective Seller who submitted the content in question, providing them with a copy of the infringement notice. We reserve the right to undertake any further actions as permitted by the applicable laws in effect at the time of notification.
19. Communications
19.1. You hereby expressly agree to receive communications by way of SMS, telephone or VOIP calls, messaging app like WhatsApp on the registered mobile phone number /or electronic communications like e-mails from Mallovo mart and other third parties duly authorised by Zepto. You hereby expressly consent to the monitoring and recording, by mallovo mart and/or any third party of any and all communications between You and Mallovo mart or its agents, employees, consultants, contractors, or representatives of Mallovo mart or of their authorised partners, and such monitoring or recording waives any further notice or consent requirement under the applicable laws.
19.2. You can unsubscribe or opt-out from receiving promotional communications from Mallovo mart. In which case, Mallovo mart will only send communications solely required for the purposes of availing the services by You.
20. General Provisions
20.1. Notice: All notices from Mallovo mart will be served by email to Your registered email address or by messaging app on the registered mobile phone number or by general notification on the Platform.
20.2. Assignment: You cannot assign or otherwise transfer any rights granted hereunder to any third party. Zepto’s rights and obligations under the Terms are freely transferable by Zepto to its successor or to its affiliates or or any third party without the requirement of seeking Your consent.
20.3. Severability: If, for any reason any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
20.4. Force Majeure: Mallovo mart, its Sellers, its service providers shall not be liable to You for its failure to perform or for delay in providing You access to Your Account or to the Platform or any services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, riots, excessive rains, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.
21. Advertisements
21.1. As part of the services provided by Us, We may facilitate and allow third party advertisers (“Third Party Advertisers”) to place advertisements on the Platform. You understand that any content put out by Third Party Advertisers is not edited, reviewed or otherwise endorsed by Mallovo mart and We disclaim to the fullest extent permitted by law any liability for the content published by the Third Party Advertisers. It is solely the responsibility of the Third Party Advertisers submitting material to the Platform to ensure compliance with all relevant laws. Any interactions or transactions You undertake with Third Party Advertisers found on the Platform including payments, delivery, and terms or representations related to their goods or services are strictly between You and the Third Party Advertiser. Mallovo mart bears no liability for errors, omissions, or inaccuracies in advertising content or for any losses or damages arising from Your dealings with these advertisers or their presence on the Platform.
21.2. To the extent You are a Third Party Advertiser You understand that in addition to these Terms You will also be required to agree to Mallovo mart’s policies and other contractual agreements that You will need to execute for placing Your advertisement. As a general principle the content in the advertisements should not be misleading or in violation of applicable law or guidelines issued by the Advertising Standards Council of India or any other self-regulating body. You also acknowledge that We have the sole right at Our discretion to remove any Third Party Advertisement or require You to prove factual substantiation if We are of the view that it is in violation of applicable law or any self-regulating industry body guidelines or is otherwise misleading.
21.3. If You are of the view that the content of a Third Party Advertiser is inappropriate or in violation of applicable law, please write to Us at the email address provided above.
21.4. For any charitable campaign information shared with Users or displayed on the Platform, where donations may be made through third-party sites or accounts, mallovo mart may not be involved in fund collection or use. Mallovo mart bears no responsibility for the accuracy or legality of campaign information, which is provided solely for reference. Users are encouraged to verify details independently before taking action.
22. Severability:
22.1. If any part of these Terms is found to be invalid, void, or unenforceable, that portion will be treated as separable, and the remaining provisions will continue in full force and effect.
23. Amendments:
23.1. We may modify these Terms periodically, without prior notice, to include updates, revisions, additions, or new policies affecting Your use of the services. Such changes will be posted on the Platform and take effect immediately upon posting. We encourage You to review these Terms on the Platform regularly for any updates. By continuing to use the services and/or the Platform, You agree to accept any revised Terms.
24. Transition:
24.1. THE PLATFORM IS UNDERGOING A TRANSITION WHERE THE PLATFORM WILL BE OPERATED BY MALLOVO FROM THE DATE WHICH SHALL BE COMMUNICATED TO YOU. PURSUANT TO THE TRANSITION THE EXISTING USER OF MALLOVO MART SERVICES HERE BY CONSENT TO THE FOLLOWING:
24.1.1. FOR THE TRANSFER OF UNUSED FUNDS HELD IN YOUR WALLET BALANCE TO A MALLOVO MART GIFT CARD.
24.1.2. FOR THE TRANSFER OF YOUR PAYMENT RELATED INFORMATION AND INSTRUMENTS AS AVAILABLE WITH THE SERVICE PROVIDER OF MALLOVO MART TO ENSURE SEAMLESS EXPERIENCE FOR USERS POST TRANSITION.
23. Entire agreement:
23.1. This document, including the Privacy Notice and any policies that mallovo mart may introduce from time to time, represents the entire understanding between You and Mallovo mart. It establishes the Terms for Your access to and use of the services and Platform superseding any earlier arrangements related to such access or use.
Mallovo Mart provides a technology platform ("Car Rental Platform") that connects users ("Riders") with independent third-party drivers and vehicle owners ("Drivers") for point-to-point transportation services ("Ride Services"). By using the Ride Services, you agree to comply with these additional terms.
You must be at least 18 years old to book a ride.
Riders under 18 may only use Ride Services with a parent/guardian’s consent and supervision.
Drivers must meet all legal requirements (valid license, vehicle insurance, etc.) as per applicable laws.
Fares: Estimated fares will be displayed before booking. Final fares may vary based on actual distance, time, tolls, or surge pricing.
Payment Methods: You may pay via cash, credit/debit card, UPI, or Wallet balance.
Cancellation Fee: Cancelling after a certain time (e.g., 2 minutes post-booking) may incur a fee.
Riders must:
Provide accurate pickup/drop locations.
Treat Drivers and vehicles with respect.
Not carry illegal items or cause damage to the vehicle.
Drivers must:
Maintain valid licenses, insurance, and roadworthy vehicles.
Not discriminate against Riders based on race, gender, etc.
Mallovo Mart acts solely as an intermediary and is not liable for:
Accidents, injuries, or disputes between Riders and Drivers.
Delays due to traffic, weather, or unforeseen circumstances.
Drivers are responsible for their vehicle’s insurance coverage.
Riders/Drivers must NOT:
Smoke, consume alcohol/drugs in the vehicle.
Misuse the Platform (e.g., fake bookings, harassment).
Violate traffic laws (e.g., overloading, refusing fares without cause).
By Rider: Cancellation fees apply if done after a grace period.
By Driver: Repeated cancellations may lead to penalties/suspension.
Report issues (e.g., rash driving, misconduct) via the App or to [email protected].
Mallovo Mart may suspend accounts pending investigation.
During high demand, fares may increase ("Surge Pricing"). You’ll be notified before confirming the ride.
While Mallovo Mart conducts basic checks (license, vehicle docs), Riders are encouraged to verify Driver/vehicle details before boarding.
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