Terms and Conditions

Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services, irrespective of the mode and the manner in which they have accessed/have used the Services. (Website, Mobile App or any other manner) Decimi Technologies Private Limited, including its subsidiaries, affiliates and licensors (collectively "Sabka Mandi", “Company”, "we", "us" or "our") welcomes you (the "Client", "user", "you" or "your") to http://sabkamandi.com/ (or any replacement or successor domain name) (the "Website"). The domain name http://sabkamandi.com/ (hereinafter referred to as "Website") is owned by SM Technologies Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at Fiire, Don Bosco College of Engineering, Fatorda- Goa 403602 (hereinafter referred to as "Sabka Mandi").

These terms of use, shall cover:
(i) The Company’s Privacy Policy, Cookie Policy;
(ii) The guidelines, rules, policies and procedures posted on the Website, from time to time (each of which is incorporated herein by reference and form an integral part of these terms); and
(iii) Any other agreements and terms and conditions entered into with Company, including offline agreements (collectively “Terms of Service”) govern:
(1.) Your relationship with Company;
(2.) Your use of the Website; and
(3.) The content, features, applications, tools, data, documents and information available through the Website, and/or through Company (together with the Website, the "Services").

General

These Terms of Service constitute an electronic record within the meaning of applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms of Service are published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
(i) the Indian Contract Act, 1872; and
(ii) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
If you are using the Services on behalf of an entity, company or other organization, you represent and warrant that you:
(i) Have the authority to bind such entity, company or organization to these Terms of Service; and
(ii) Agree to be bound by these Terms of Service on behalf of such entity, company or organization.

If you are using the Services on behalf of any other person (whether under his authority or otherwise), you represent and warrant that you:
(i) Have the authority to bind such person to these Terms of Service; and
(ii) Agree to be bound by these Terms of Service on behalf of such person.
By accessing, browsing or using the website, downloading our Mobile app, you are agreeing to use the Services on the Website, engaging in any transaction with respect to the Services, or have been in contact with company in whatsoever manner with respect to services offered by the Company, which constitutes your unconditional acceptance and agreement to be bound by these Terms of Service. Sabka Mandi reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change the Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service. Sabka Mandi will notify you by posting an announcement on the Website. All such amendments and modifications shall take effect immediately when posted on the Website. By continuing to access the Website or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.

Your Account and Registration Obligations

If you use the Website &/ or Mobile app, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the current Terms of Use, the Company shall have the right to indefinitely suspend or terminate or block access of your membership on the website &/ or Mobile app and refuse to provide any further access to the website &/ or Mobile app. Such act on your part can accrue legal implications due to violation of laws not limited to criminal liability on your part. Further, the user agrees to indemnify SM Technologies Private Limited for all losses incurred by it due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts made by the user on the network of http://sabkamandi.com/.

Use of Website & Services

The User shall use the Website/ Mobile app only for lawful purposes for ordering products from Distributors and use of services on website by retailers as per rules stipulated in this document.
You shall not (directly or indirectly):
i. use the Website or the Service in violation of any law, rule or regulation or otherwise which you may be subject to;
ii. use the Service for any fraudulent or unlawful or promotion of illegal activities;
iii. use the Services if you are a competitor of the Company;
iv. use the Services, its content or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other persons use and enjoyment of the Services;
v. Bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
vi. obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website through any means, including through means not intentionally made publically available or provided for through the Website;
vii. Interfere or attempt to interfere with the proper working of the Website and Services or any activities conducted on the Website; and
viii. Use the Services offered in any manner so as to impair the rights and interests of SM Technologies Pvt Ltd.
You shall use the Website/ Mobile app solely for your own needs. Using the content, information, data, text, software, scripts, graphics, audio and video content and interactive features generated, provided, or otherwise made accessible on or through the Services (collectively “Content”) for creating derivative works with a commercial motive without the prior written consent from Sabka Mandisis strictly prohibited. You shall not sell, transfer or modify any product details, any retailer/ distributor details and personal information made available to you through the Website/ Mobile app or reproduce, display, publicly perform, distribute, and/or otherwise use them in any way for any public or commercial purpose, or for any purpose other than that for which they are shared with you. You shall not copy or adapt the HTML code that Sabka Mandi creates to generate any Content on the Website/ Mobile app. Nothing in these terms of service shall be construed as conferring any license to intellectual property rights of Decimi Technologies Pvt Ltd. Any act which is offensive in nature for example any of the content made available to the User through the Website/ Mobile App be copied, leaked, or reproduced either in its original format or in an edited format, Sabka Mandi shall exercise its right to trace the source and the offenders from where such act resulting in the breach of these Terms of Services originated, and shall take legal action as per applicable law. Violation by the User of these Terms of Service gives Decimi Technologies Private Limited the right to deny the User access to the Website and the Services. In such case, Decimi Technologies Private Limited may choose to either suspend or terminate user’s use of the website and the services, and such choice shall be at Decimi Technologies's absolute discretion. Decimi Technologies Private Limited, its subsidiaries, affiliates, and their respective officers, directors, employees and agents, shall NOT be held responsible in any manner for the consequences arising from such breach.

Content Published

All content created, added, uploaded, submitted, distributed, communicated or posted on the Website/ Mobile app by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the user/person who originated such User Content. The Website permits the submission of User Content and the hosting, sharing, and/or publishing of such User Content. Notwithstanding anything contained herein, the user shall be solely responsible for user’s own User Content and the consequences of posting or publishing them. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content on the Website, including User Content, accessed by you using the Services, is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. The Company does not and will not claim any ownership over or rights to User Content other than a license to use and display it in terms hereof.
The Company: i. cannot control the User Content and other information provided by users which is made available on the Website/ Mobile app;
ii. does not research, endorse, validate or certify the User Content (as defined below) and any other information submitted/uploaded by users on the Website or mobile application nor assumes that all User Content and information will be complete, accurate, truthful, trustworthy and reliable; and
iii. Expressly disclaims any and all liability in connection with User Content.
The Services may contain content specifically provided by us, our partners or our users and such content is protected by copyrights, trademarks, service marks, patents, other proprietary and intellectual property rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Services.

Rules of Conduct

You shall abide by all applicable local, state, national and international laws and regulations. As a condition of use of the Website/ Mobile App and the Services, you promise and undertake not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activities in connection with the Services.
You agree that you will not (directly or indirectly) submit, upload, provide, transmit, distribute, post, store, link, or otherwise share content, information, data, software, and/or materials on or through the Services
You shall not (directly or indirectly):
(i) Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive ay source code or underlying ideas or algorithms of any part of the Services (including without limitation any application);
(ii) Modify, translate, or otherwise create derivative works of any part of the Services; and/or
(iii) Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

Confidentiality

The records which you provide shall be regarded as confidential and therefore will not be divulged/ communicated to any third party without the consent of the Company, other than our third party service providers if needed for providing services to our Clients or if legally required to do so to by any Governmental or Statutory Authorities. Users are requested to retain copies of any literature issued in relation to the provision of our Services. Where appropriate, we shall issue users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

Privacy Statement

By using our Website/ Mobile app, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy. We are committed to protecting your privacy. We constantly review our systems and data to ensure the best possible service to our customers and you. Refer our Privacy Policy for details on how your personal information is being used.

Disclaimer, Exclusions, Limitations & Indemnification

The Website/ Mobile app, the Services, the Content, including without limitation any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, including, but not limited to the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, non-interference with data, availability, accuracy, that you will have continuous, uninterrupted or secure access to our Services or that the Services are error free and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

In no event shall the Company, its affiliates, subsidiaries, directors, employees, officers, agents, partners, suppliers or content providers, be made liable under any other legal or equitable theory with respect to the Services: i. For any lost profits, data loss, cost of procurement of substitute services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever; ii. For any bugs, viruses, Trojan horses, or the like (regardless of the sources of origination), or

You acknowledge that the fee paid by you reflect the allocation of risk set forth in these Terms of Service and that the Company would not enter into this agreement without these limitations. You hereby waive any and all claims against the Company arising out of your use of the Services, or any conduct of the Company’s representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services.

You shall, indemnify and defend Sabka Mandi from all losses, claims, damages, liabilities, penalties, judgments, costs, expenses (including without limitation reasonable legal costs), charges, actions, proceedings and demands brought against or suffered by any of them resulting from, arising out of or relating to your (or any third party using your account or identity in the Services): a) Use or misuse of, or access to, the Services, Content, or otherwise from your User Content; b) Violation or breach of any term of these Terms of Service or any applicable law or regulation, whether or not referenced herein; and c) Violation of any rights of any third party. Circumstances in which the users confidential information is been leaked or being misused the user shall defend Sabka Mandi and shall co-operate with the Company in rectifying the problem.

Termination of Agreements

The Company reserves the right, in its sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service. Any user may terminate these Terms of Service at any time by ceasing all use of the Services. Both the User and the Company have the right to terminate any services agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is underway. Any amounts that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded. Sabka Mandi offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. Sabka Mandi gives no guarantees of server uptime or applications not working properly.

Services

Sabka Mandi shall provide a digital platform for offering its services to the Distributors and retailers for ordering various commodities and products:
For retailers-
1. The retailers, through the Company’s mobile app will be able to place an order for goods to be sold by them
2. The Company will offer a 48 hours bracket for delivery of the ordered products to the registered user (retailer). The Company will be at its sole discretion to charge a order processing fee for delivery and other services which will be exclusive to the product cost identified by the Distributor on the products ordered.
3. A facility of availing third party credit shall be made available for retailers by Sabka Mandi. The said service of third party credit is an additional facility solely on the users consent and the Company shall hold no responsibility or liability on user’s transactions with the third party.
For distributors-
1. The mobile application of the Company/ website will provide a platform for the Distributos to connect directly with the Retailers for receiving orders for products (FMCG)
2. Besides providing an interface for Distributors, the Company also provides delivery of products and cash collection from retailers on behalf of the Distributors. Serious and considerate efforts are taken by Company to recover the monies from the retailers. However, Sabka Mandi assumes no responsibility for any delay or cancellation of order from retailer through its application platform.
3. Sabka Mandi charges the Distributors a percentage of fee for its products sold through the Company’s application or website.
4. It is the sole responsibility of the Distributor to ascertain that they possess required legal permissions/ licenses from the government and company to sell the products including the Distribution Agreement (if any).
5. Sabka Mandi shall not assume any responsibility for any damanged products or expired products or goods supplied by Distributor to the Company to be delivered to the Retailer. However, the Distributor will not be liable for any product damages during the transit of the product by the Company.
6. The Company will deposit the collected cash in the Distributor’s bank account (details as shared during signing up) within 48 hrs of the delivery, if there is any delay due to technical reasons, the distributor will be notified by the Company
7. The Distributor is solely responsible for maintaining the rate in the system and cannot make Sabka Mandi liable for any rate mis match.

Payment Methods

While availing any of the payment method/s available on the Website &/ or Mobile app, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
All payments made against the purchases/services on Website &/ or Mobile app by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website &/ or Mobile app will not facilitate transaction with respect to any other form of currency with respect to the services availed on Website &/ or Mobile app. Sabka Mandi reserves the right to refuse to process Transactions by users with a prior history of questionable charges including without limitation breach of any agreements by user with Sabka Mandi or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy. Log Files The Company uses IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within the Company on a need-to-know basis.

Cookies

Like most interactive web sites, the Website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our Website to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. Refer our Cookies Policy for details of how we use cookies.

Links to the Website or any Documents

You shall not create a link to any page of this website without our prior written consent.

Trademark, Copyright and Restriction

This site is controlled and operated by Sabka Mandi. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website &/ or Mobile app is solely for Users personal, non-commercial use. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and the User must not assist any other person to do so.

The Website contains valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by the Company, including but not limited to, the mark “Sabka Mandi” (collectively, “Company’s Marks”). The Company’s Marks are the intellectual property rights of the Company. Any unauthorized use of the same is strictly prohibited and all rights in same are reserved by the Company. No use of any the Company’s Marks may be made by any third party without express written consent of the Company.

You agree not to engage in the use, copying, or distribution of any of the content of the Website other than expressly permitted herein, including any use, copying, or distribution of Content obtained through the Website/ Mobile app for any commercial purposes. If you download or print any Content for personal use, you must retain all copyright and other proprietary notice contained therein.

Nothing contained on this Website/ Mobile app should be construed as granting, by implication or otherwise, any right, license or title to any of the Company’s intellectual property and the Company’s Marks, without the prior written permission of the Company. All rights are expressly reserved and retained by the Company. Your misuse of any of the Company’s Marks displayed on the Website/ Mobile app, or any other Content on the Website/ Mobile app, except as provided in these Terms of Service, is strictly prohibited. You are also advised that the Company considers its intellectual property to be among its most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent of the law.

Communication

When you use the Website/ Mobile app and Services or send emails or other data, information or communication to us, you agree and understand that all the communications shall be over electronic device only. We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise.

Governing Law & Jurisdiction

These Terms of Service will be governed by the laws of India. Further, the courts at Goa, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms of Service and you agree to irrevocably submit to the exclusive jurisdiction of such courts.

Force majeure

The Company shall be liable to the user for any failure to perform any obligation under these Terms of Service or any agreement which is due to an event beyond the control of the Company including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, change in law, or any other natural or man- made eventuality outside of the Company’s control.

Entire Agreement

This Agreement is the complete and exclusive statement of the agreements between User and The Company with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.

Severability

If any provision of these Terms of Service are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Waiver

Failure of the Company to enforce any of the provisions set out in these Terms of Service and any other agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Service or of any other agreement or any part thereof, or the right thereafter to enforce each and every provision.

Notification of Changes

The Company reserves the right to change these Terms of Service from time to time as it deems fit and your continued use of the Website will signify your acceptance of any changes to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our Website/app. You are therefore advised to re-read this statement on a regular basis.