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JIOMART PARTNER TERMS AND CONDITIONS

Welcome to JioMart Partner Platform!

The terms and conditions as set out herein (“ Terms ”) constitute an agreement between Reliance Retail Limited, whether acting for itself and/or on behalf of any of its affiliate companies and/or its third party suppliers and/or its licensors and/or service providers (“ Reliance ”, “ we ”, “ us ” or “ our ”), which operates the JioMart Partner Platform (defined hereinafter) and retail merchants (whether an individual or a legally recognized entity) involved in trade of goods and/or services across the territory of India (“ Partner ” or “ you ”). These Terms govern your use of the JioMart Partner Platform and transaction or dealings thereon. By using the JioMart Partner Platform and purchasing the Products (defined hereinafter), you expressly agree to be bound by these Terms. Please note that your access and use of the JioMart Partner Platform, other associate platforms or utilisation of devices or equipment, as may be provided to you by Reliance or its affiliates, may be governed by other terms and conditions, policies or guidelines (“ Additional Terms ”) that may be applicable on such platforms or devices at the time of your access and usage of the JioMart Partner Platform, which may be updated from time to time. By using such platforms and utilising such devices, you agree to be bound by such Additional Terms along with these Terms.

For the purposes of these Terms: (a) “ JioMart Partner Platform ” means the website www.jiomartpartners.com, which includes its corresponding mobile application or any other digital platforms, applications and/or operating system as provided by Reliance, on which the Partner may avail the Services (defined hereinafter) and includes applications controlled and managed by Reliance which interact with one or more such mobile applications/ websites/ tablets and digital modes as provided by Reliance or its affiliates; (b) “ Products ” shall mean the variety of products offered for sale to you on the JioMart Partner Platform; and (c) Reliance and you are hereinafter individually referred to as “ Party ” and collectively as “ Parties ”.

These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the JioMart Partner Platform and for purchase of Products thereof.

PART A – TERMS AND CONDITIONS FOR USAGE OF THE JIOMART PARTNER PLATFORM

1. GENERAL

  • 1.1 The terms and conditions set out herein (“ Terms of Use ”) specifically govern your access and use of the JioMart Partner Platform, which allows you to discover, select and buy Products from us for internal consumption. The JioMart Partner Platform provides a forum for you to inter alia be informed by offering you a channel to purchase Products at click of a bottom for internal consumption. (collectively, the “ Services ”).

  • 1.2 Please note that we may from time to time change the Terms of Use that govern your use of the JioMart Partner Platform. Every time you wish to use our JioMart Partner Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time.

  • 1.3 Any accessing, browsing, or otherwise using the JioMart Partner Platform indicates your agreement to these Terms of Use, the Privacy Policy, Cancellation, Return and Refund Policy, Delivery and Shipping Policy, Fees and Payment Policy and E-waste policy of JioMart Partner Platform and any other policies or guidelines that may be applicable on the JioMart Partner Platform at the time of your access and usage of the JioMart Partner Platform and which may be updated from time to time (collectively, the “ Onboarding Terms ”). If you disagree with any part of the Onboarding Terms, then you should discontinue access or use of the JioMart Partner Platform and Services. Please read the Onboarding Terms carefully before proceeding.

  • 1.4 By accepting the Onboarding Terms, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into Onboarding Terms, and to abide by and comply with this Onboarding Terms. In case you are below 18 (Eighteen) years of age, you may access and use the JioMart Partner Platform only if enabled by a parent or legal guardian. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts the Onboarding Terms. Reliance is not liable for any loss caused to You due to non-compliance with this Clause 1.4.

    • If you have any query regarding the Terms of Use, you may contact us anytime at [●] (“ Customer Service ”).

2. REGISTRATION OF YOUR ACCOUNT

  • 2.1 In order to use the JioMart Partner Platform and avail the Services, you will have to register on the JioMart Partner Platform. Registration is a one-time process. You are required to sign-up by providing a valid mobile number and e-mail ID. Once you provide the valid mobile number and e-mail ID, a one-time password, (“ OTP ”) shall be sent to your mobile number and /or e-mail for the authentication.

  • 2.2 You can further access the JioMart Partner Platform by providing your relevant business and personal information and relevant documents as specified in this clause. You represent, warrant and covenant that you shall provide us with accurate and complete registration information and documents which may include but not limited to your name, details of authorised signatory, Category, GSTIN (if any), Business Ownership Type, Business address, CIN, registered address, and email id, (“ Registration Details ”) with proof of Business Documents (Udyog Aadhaar, Trade License, Shops and Establishment Certificate, Distributor’s Bill, GST, Registration License and FSSAI license (for users in hospitality industry) grocery and food business User)/ FDA Certificate. Personal Documents (Aadhaar, Driving License, Passport, Voter Id) (“ Registration Documents ”).You will be eligible to further access and avail the Services only upon receipt of a confirmation e-mail from us after submission of required forms and documents and necessary details as may be required by us at the time of your registration. You acknowledge and agree that all the KYC information including the Registration Details and Registration Documents provided by you to us are (i) true, accurate and complete; and (ii) up-to-date at the time of furnishing such documents and all times thereafter.

  • 2.3 If we find that the information provided on JioMart Partner Platform is insufficient, we may intimate you via email and/or mobile SMS or you may see the notification in JioMart Partner Platform to fulfill the details. We may discontinue your access to the JioMart Partner Platform if we find that the details and the documents shared by you on JioMart Partner app were insufficient or illegal in nature.

  • 2.4 Your credentials shared by you at the time of registration and your JioMart Partner Platform login ID and password are referred to as “ Account Information ”. You shall access your account i.e. business profile created on JioMart Partner Platform (“ Partner Profile ”) using the Account Information.

  • 2.5 You are solely authorized to operate the Partner Profile created by you. Consequently, it is your responsibility to maintain the confidentiality of your Account Information and Partner Profile. and restrict access to your computer/mobile/other similar devices to prevent unauthorized access or use of Partner Profile. You shall remain solely liable for all the actions undertaken through Partner Profile.

  • 2.6 If you are registered under the Central Goods and Services Act, 2017 (“ GST ”), you can add multiple addresses, and the GSTIN for different GST registrations within the same entity in the same Partner Profile. The multiple GSTIN details added by you shall become active within 48 hours, subject to KYC validation through the JioMart Partner Platform and provision of a valid GST certificate for each GST registration.

  • 2.7 You will: (a) immediately inform Reliance of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. Reliance will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred by Reliance or any other user due to unauthorized use of their account. We reserve the right to refuse access to the JioMart Partner Platform, terminate accounts, remove or edit content at any time without notice to you.

3. COMMUNICATION AND UNSUBSCRIPTION

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

  • 3.2 Reliance may also send notifications and reminders with respect to the Services on the JioMart Partner Platform. While Reliance endeavours to provide these notifications and reminders to you promptly, Reliance will not be held liable or responsible for any failure to send such notifications/reminders to you due to technical errors and circumstances beyond the control of Reliance.

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

4. LICENSE AND ACCESS TO PLATFORM

  • 4.1 Your use of JioMart Partner Platform, the Services, and access to the JioMart Partner Platform Content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on the JioMart Partner Platform. You will use JioMart Partner Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds for business purposes only.

  • 4.2 You grant to Reliance a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the JioMart Partner Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the JioMart Partner Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Reliance, including the execution of deeds and documents, at its request.

5. PERSONAL INFORMATION PRIVACY

  • 5.1 During the course of your registration on and usage of the JioMart Partner Platform or availing the Services, Reliance may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.

  • 5.2 Reliance respects the sensitivity of the information about you, and we appreciate your trust in us. In this regard, for entities onboarding the JioMart Partner Platform, Reliance has formulated the Privacy Policy, which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object to the terms of our Privacy Policy, please do not use or access the JioMart Partner Platform or avail the Services. For more information, please refer to the Privacy Policy.

6. CONTENT ON PLATFORM

  • 6.1 All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the JioMart Partner Platform or any of the other Services are the property of Reliance or its affiliates (“ JioMart Content ”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to the JioMart Partner Platform whether or not displayed on the JioMart Partner Platform, are proprietary to Reliance.

  • 6.2 Reliance may display on the JioMart Partner Platform any third-party logos, trade names, trademarks of other brands, as per the license granted to Reliance by such brands.

  • 6.3 No information, content or material from JioMart Partner Platform (including the JioMart Partner Platform Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without Reliance’s express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Reliance and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Reliance’s or its affiliates’ names or trademarks without the express written consent of Reliance and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.

7. DISCLAIMERS

  • 7.1 Reliance will try to make access to and use of the JioMart Partner Platform error-free and without interruptions. However, your access to the JioMart Partner Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on the JioMart Partner Platform. Reliance does not take responsibility for any access or usage problems that arise from internet related issues at your end.

  • 7.2 To help you in identifying the Products of your choice, description of the Products are provided on the JioMart Partner Platform through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/colour of the Products when delivered may differ for various reasons.

  • 7.3 The Services included on the JioMart Partner Platform are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. Reliance does not covenant or provide any representations and warranties in relation to the Products or the Services.

    • 7.3.1 in respect of quality, suitability, accuracy, reliability, performance, safety, ability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on JioMart Partner Platform;

    • 7.3.2 that the Services will be made available at all times;

    • 7.3.3 that the operation of JioMart Partner Platform, including the functions contained in any content, information and materials on JioMart Partner Platform or any third-party sites or services linked to JioMart Partner Platform will be uninterrupted, or that the defects will be rectified, or that JioMart Partner Platform or the servers that make such content, information and materials available are free of viruses or other harmful components; and

  • 7.4 There may be third party services offered on the JioMart Partner Platform. These services offered by the third party may range from accounting, payment, credit facility to any other facility that may be offered. Any third party service availed by you on the JioMart Partner Platform shall be treated as Principal to Principal contract between you and the third party service provider. Any liability, claim, injury caused due to the failure of performance, omission of the third part service shall lie against the third party service provider.

  • 7.5 Reliance does not assume any responsibility or liability for the actions, products, and content of any of the third-parties. Reliance is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk. To the extent permitted by applicable law, Reliance disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of third party services, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the JioMart Partner Platform.

8. USER WARRANTIES AND RESTRICTIONS

  • 8.1 You represent and warrant that: (a) your use of the JioMart Partner Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to Reliance in connection with the JioMart Partner Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable policies or guidelines of the JioMart Partner Platform and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, Reliance will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify Reliance and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

  • 8.2 You will use the JioMart Partner Platform for lawful purposes only, and will not undertake any activity that is harmful to the JioMart Partner Platform or its content or otherwise not envisaged through the JioMart Partner Platform. You have a limited license to access and use the JioMart Partner Platform, solely for the purpose of availing the Services, subject to these Terms of Use.

  • 8.3 The use of the JioMart Partner Platform by you is restricted for commercial personal purposes, and you will not use any portion of the JioMart Partner Platform (including the contents on the JioMart Partner Platform) or Services for any personal purpose. Your contract is with us and You confirm that the Products ordered by You are purchased for your internal/personal purpose and not for re-sale.

  • 8.4 You will not: (a) delete or modify any content on the JioMart Partner Platform, such as any information regarding the Services, their performance, sales or pricing; (b) use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the JioMart Partner Platform; (c) make false or malicious statements against the Services, JioMart Partner Platform or Reliance; (d) post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the JioMart Partner Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the JioMart Partner Platform and/or the Services; (e) introduce any trojans, viruses, any other malicious software, any bots or scrape for any information available on the JioMart Partner Platform; (f) probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture; (g) hack into or introduce malicious software of any kind onto the JioMart Partner Platform; (h) gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or (i) engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

  • 8.5 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the JioMart Partner Platform, any information that: (a) belongs to another person and to which you do not have any right; (b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever; (c) harms minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (d) violates any law for the time being in force; (e) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (f) impersonates or defames another person; or (g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

9. INDEMNIFICATION AND LIMITATION OF LIABILITY

  • 9.1 You agree to indemnify, defend and hold harmless Reliance, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any misuse of the JioMart Partner Platform including but not limited to fraudulent transactions, any and all third- party claims, losses, liabilities, damages, abuse and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the JioMart Partner Platform or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of Reliance or any third-party. Reliance will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Reliance with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.

  • 9.2 To the fullest extent permitted by law, in no event shall Reliance or any of its directors, officers, employees, agents or content or service providers (collectively, the “ Reliance Representatives ”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use the JioMart Partner Platform or the content, materials and functions related thereto, the Services, provision of information via the JioMart Partner Platform, lost business, even if such Reliance Representatives have been advised of the possibility of such damages.

  • 9.3 In no event shall Reliance Representatives be liable for: (a) the use or inability to use the JioMart Partner Platform and/or the Services; (b) any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the JioMart Partner Platform; (c) any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or (d) any other matter relating to the JioMart Partner Platform or the Services.

  • 9.4 Reliance is neither liable nor responsible for any actions or inactions of the other users of the JioMart Partner Platform or any breach of conditions, representations or warranties by them. Reliance is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the JioMart Partner Platform.

  • 9.5 None of the directors, officials or employees of Reliance shall be personally liable for any action in connection with the JioMart Partner Platform or the Services.

10. ACCESS OUTSIDE THE REPUBLIC OF INDIA

Reliance makes no representation that the content on the JioMart Partner Platform is appropriate to be used or accessed outside the Republic of India. Any users who use or access the JioMart Partner Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor may these Terms of Use 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.

11. TERM AND TERMINATION

  • 11.1 These Terms of Use shall be effective from the date of their publication on the JioMart Partner Platform.

  • 11.2 Reliance reserves the right to terminate the Services in the event of breach of any terms contained in these Terms of Use, misrepresentation of information, any unlawful activity by you or if Reliance is unable to verify or authenticate any information submitted by you.

  • 11.3 You may terminate these Terms of Use at any time, provided that you discontinue any further use of JioMart Partner Platform or Services. However, any such termination shall not cancel your obligation to pay for a Product purchased on the JioMart Partner Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

12. FORCE MAJEURE

Reliance will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Reliance’s reasonable control.

13. WAIVER

No provision in these Terms of Use will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Reliance. Any consent by Reliance to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

14. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

15. GRIEVANCE REDRESSAL

You may submit any grievance with respect to the JioMart Partner Platform or the Services, including with respect to any abuse on the JioMart Partner Platform including any discrepancies or grievances with respect to access or usage of the JioMart Partner Platform in violation of these Terms of Use by any person, to the Grievance Officer at:

Name: Bhaskar Goregaonkar

Designation: Grievance Officer

E-mail ID: grievanceofficer.b2b@jiomart.com

16. GOVERNING LAW AND DISPUTE RESOLUTION

Reliance and you shall endeavour to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Agreement (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by Reliance and You from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and Conciliation Act, 1996. The language of Arbitration shall be English. The arbitral award shall be final and binding on Reliance and you. The award may include costs, including reasonable advocates’ fees and disbursements.

These Terms of Use, all transactions consummated between Reliance and you, and the relationship between Reliance and you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.

17. RIGHT TO AUDIT AND / OR EXAMINE RECORDS

Reliance may, on its own, or by engaging a third-party auditor (“ Auditor ”) at Reliance’s expense, and, upon Reliance’s request thereof, examine any of your records, invoices and/or other data or documents that are necessary to establish your compliance or non-compliance with Terms of Use.

18. ANTI- CORRUPTION

You will comply with all applicable anti‑corruption laws, including, to the extent applicable to a Party and any other Indian law including Indian Penal Code, 1860 and Prevention of Corruption Act, 1988. You will not, directly or indirectly, offer or pay anything of value (including gifts, travel, entertainment expenses, and charitable donations) to any official or employee of any government, government agency, political party, or public international organization, or any candidate for political office, to (a) improperly influence any act or decision of such official, employee, or candidate for the purpose of promoting your business interests in any respect, or (b) otherwise improperly promote the business interests of the other Party in any respect, in each case in violation of applicable law. Neither Party will retaliate against anyone who has, in good faith, reported a possible violation of this clause or refused to participate in activities that violate this clause to the extent prohibited by applicable law. Reliance shall be entitled to terminate these Terms of Use and your registration on the JioMart Partner Platform immediately upon your breach of this clause.

19. AMENDMENT

These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on the JioMart Partner Platform. Your relationship with the JioMart Partner Platform will be governed by the most current version of these Terms of Use, as published on the JioMart Partner Platform.

20. MISCELLANEOUS

  • 20.1 In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that Reliance will not be liable for any transaction between itself and any such third parties.

  • 20.2 Unless otherwise specifically agreed, these Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by Reliance, for the use of JioMart Partner Platform, and the rights and liabilities with respect to any Services to be provided by Reliance shall be limited to the scope of these Terms of Use.

  • 20.3 You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury's Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

21. NODAL OFFICER

Name :

Designation : Nodal Officer

Email Id :

PART B – TERMS AND CONDITIONS FOR SALE

1. GENERAL

The terms and conditions of sale as set out herein (“ Terms of Sale ”) specifically govern your purchase of the Product(s) from us on or through the JioMart Partner Platform. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale. These Terms of Sale are in addition to the Onboarding Terms and the Terms of Use. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. OUR CONTRACT OF SALE

  • 2.1 Listing and Display of Products: Listing and display of a Product by us on the JioMart Partner Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the JioMart Partner Platform by you is your offer to buy the Product(s) from us. You can view the description of the Products sold by us through the product description data available on the JioMart Partner Platform. While we have taken precautions to avoid inaccuracies, all content, information, software, Products, services and related graphics are provided ‘as is’, without warranty of any kind and should be used as a reference only. Reliance further expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Products listed or displayed or transacted, or the content (including product information and / or specifications) communicated by Reliance.

  • 2.2 You acknowledge that you have all the valid licenses and approvals to use and purchase Products on the JioMart Partner Platform. All fields identified as mandatory must be duly populated by you as part of the on-boarding process. You will not be eligible to be on-boarded on the JioMart Partner Platform as a Partner if you provide incomplete or inaccurate information and/or fail to provide a valid license, approvals or identity and address proofs. Reliance reserves the right to evaluate (i) the information; and (ii) the license; provided by you. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Reliance has at any time, reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms , Reliance shall have the right to indefinitely suspend or terminate or block access of your account on the JioMart Partner Platform and refuse to provide you with access to the JioMart Partner Platform

  • 2.3 Orders: All orders placed by you on the JioMart Partner Platform will be deemed as a valid order by you and Reliance will, notify through the JioMart Partner Platform, the acceptance or non-acceptance of such order within the timeline solely determined by Reliance. Reliance is under no obligation to accept such order unless it expressly accepts an order. Upon acceptance, each order will be a separate and distinct contract for sale and purchase of Products between Parties. You will not be entitled to make any changes in the order once it is accepted by us. You may view your order history from the ‘My Account’ section of the JioMart Partner Platform.

  • 2.4 Cancellation of Orders: We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before delivering the Products to you. You can cancel the order any time before we accept your order.

  • 2.5 Delivery of the Products: The JioMart Partner Platform allows you to add and save a billing and shipping address in the Partner Profile. You may choose the shipping address (“ Delivery Location ”) and billing address at the time of placing order. If you are registered under GST, you may select the Delivery Location and billing address from the list of GSTINs provided by you in the Partner Profile. In case you are not registered under GST, you may add the shipping address and billing details manually. The billing address shall be the address as provided by you at the time of registration. Alternatively, you may enter the billing address manually in the event of any change in the billing address.

  • 2.6 Subject to the terms of the order, you agree that the Products may be delivered at the location set out in the order, either by Reliance itself or through its dealer/distributor or through a third party logistics service provider. Notwithstanding anything contained herein, you agree that neither Reliance nor our dealer/distributor be liable for any short delivery, non-delivery or delayed delivery of Products and the delivery schedule set out in the order is merely an estimate. The Products shall be deemed to be delivered by Reliance to you upon delivery of the Products at the Delivery Location. You will be responsible for inspecting the Products at the time of delivery.

3. TRANSFER OF RISK AND TITLE IN THE PRODUCTS:

Upon delivery of the Products at the Delivery Location, the risk in the Products shall pass to you. However, the title in Products shall remain with Reliance or its dealer/distributor (as the case may be) until payment for the Products is made. It is hereby clarified that Reliance shall have no liability or responsibility of any nature whatsoever towards any kind of loss or damages to the Products suffered by you. Any leakages, contamination, theft, adulteration or any other loss or any liability on loss of the Products shall be solely to your account. You shall always ensure that all Products must be stored in accordance with such Product specific storage requirement that is sufficient to ensure durability and safe storage of the Product.

You shall ensure that any Product returned shall be returned in accordance with the ‘Partner Return Policy’, issued by Reliance from time to time on the JioMart Partner Platform.

4. PRICE:

  • 4.1 The Products shall be sold by Reliance and purchased by you at the price agreed by Parties at the time when you place an order (“ Price ”). Price mentioned on the Invoice (defined below) issued by Reliance to you shall be final and binding and shall include all taxes, levies, duties and other charges including Goods and Services Taxes (GST) and other local levies prevailing at the time of delivery and shall be charged to your account, separately.

  • 4.2 Products in your shopping cart of JioMart Partner Platform will reflect the most recent Price as displayed on the Product’s information webpage on JioMart Partners Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order.

  • 4.3 Subject to paragraph 4.1.2 above, the prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the Products do not fluctuate on a daily basis, prices of some of the Products (such as fresh and frozen food, vegetables, etc.) do change on a daily basis. In case the prices are higher or lower on the date of delivery, no additional charges will be collected or refunded, as the case may be, at the time of the delivery of the order, except as set out above.

  • 4.4 If you opt additional Packing Services as mentioned under clause 6.1, part B of Terms and Conditions of Sale, you will be billed and need to pay for an additional applicable charges of Packing Services.

5. INVOICING AND PAYMENT:

  • 5.1 Reliance reserves its right to change the price of any Products, Service(s), tariff plans, available through the Platform at any time without any prior notice to you. Unless otherwise agreed by Parties, all Products shall be delivered along with an invoice (“ Invoice ”). You agree to make payment for the Products to Reliance or its dealer/distributor in advance by online payment methods (i.e, UPI and Net banking) or as per the credit facility opted by you on the JioMart Partner Platform. This Credit facility is provided by third party baking or non-banking service providers. Reliance shall not be liable for any loss or injury due to availment of the credit facility. Any liability or settlement towards credit facility availed by you shall be as per terms and conditions of the third party providing the credit facility. The credit period shall begin upon the delivery of the Products to the delivery location.

  • 5.2 Reliance shall not be responsible for any error or mistake in the details added by you in Account Information, shipping address, or billing, thus resulting into an error in the invoice. Once the invoice has been raised, and the order has been processed, no request for revision in the invoice shall be entertained In the event of exceptional circumstances, you may reach our Customer Support at the details provided on the JioMart Partner Platform.

  • 5.3 You agree to provide such documents as desired by Reliance and shall ensure that such documents are accurate and updated at all times. In the event Reliance suffers a loss due to inaccuracy of the documents then you shall be liable for such a loss suffered by Reliance and agree to indemnify Reliance from such loss. Payment shall be made by you in the manner as may be advised by Reliance from time to time.

  • 5.4 Offers, discounts or incentive schemes may be offered on the JioMart Partner Platform at the sole discretion of Reliance.

  • 5.5 We may provide a ‘cash on delivery option’ (COD). You can check availability of COD for the relevant delivery location. If the Partner opts the payment option as ‘COD’, then the Payment Period shall not be applicable. For COD options, you may purchase the Product by paying cash, scanning QR code, or any other online mode of payment available with the logistic partner.

  • 5.6 Notwithstanding anything to the contrary, for the ease of making payments you agree and authorize Reliance and/or any authorized third party to auto debit your bank account on the date that each Invoice for the payment becomes due if you avail of a credit facility as extended on the JioMart Partner Platform.

  • 5.7 While availing any of the payment method(s) available on the JioMart Partner Platform, Reliance will not be responsible and/or assume no liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

    • lack of authorization for any transaction(s);

    • exceeding the present limit mutually agreed between you and relevant bank(s);

    • any payment issues arising out of the transaction, or

    • decline of transaction for any other reason(s).

      • All payments made against the purchases of Service(s) and Products on the JioMart Partner Platform by you shall be in Indian Rupees only. Platform will not facilitate transaction in any other form of currency.

  • 5.8 You agree that additional third party services availed by you on the Platform will be on a chargeable basis. We may use payment partners to collect the payment on behalf of the third party service providers. In addition to these Terms you would also be governed by the terms and conditions of such payment service providers. You may receive separate invoice for such third party services.

6. PACKAGING SERVICES

  • 6.1 You may avail third party services to affix brand logos, holograms and/or packaging on payment of additional fees. These logos, holograms, packing labels and covers (“ packing labels ”) to be affixed on the Products must be provided by you. You may raise a request for affixing packing labels on the JioMart Partner Platform or seek more information by writing to us to our customer representative on [●] or reach out to your business partner.

7. INSURANCE

You are required to maintain adequate insurance for the Product once the Product has been shipped at the Delivery Location and Reliance would not be liable for any loss or damage to the Products subsequent to delivery.

8. WARRANTY AND LIABILITY

  • 8.1 You agree that your sole and exclusive remedy in respect of Products under this Terms of Sale shall be (i) only if you notify to Reliance non-conformance of Products with the Terms of Sale at the time of delivery of Products by Reliance; and (ii) if in Reliance’s reasonable opinion, Reliance will be unable to remedy any non-conformance, you may return the non-conforming Products to Reliance and Reliance will in its sole discretion accept re-delivery of the non-conforming Product(s) and refund to you, the amounts, if any, paid by you to Reliance in respect of the quantity of Products re-delivered.

  • 8.2 Save as expressly set out in this Terms of Sale, Reliance does not give any guarantee or warranty of any nature whatsoever in respect of the Products and all other warranties including any implied warranties of merchantability, satisfactory quality, or fitness for purpose or ability to achieve a particular result are hereby expressly excluded to the maximum extent permitted by applicable laws.

9. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

  • 9.1 You agree not to use trademarks, copyrights, brand name, or any other intellectual property of Reliance or any of its affiliates without obtaining prior written permission of Reliance.

  • 9.2 Parties agree to keep the contents and existence of the Terms of Sale and all information, data, proprietary information, and material whether relating to financial, technical, marketing, operational issues, specifications, standards, procedures, accounts, processes or any other particulars relating to the Terms of Sale and any other information related to merchandising and marketing plans disclosed by the disclosing party to the receiving party in pursuance of the Terms of Sale strictly confidential. The confidentiality obligation of the Reliance shall remain valid during the Term and shall continue to be in force for a period of 3 (three) years thereafter.

  • 9.3 You agree that you will not make or cause to be made any press or public announcements about the subject matter of the Terms of Sale, or its existence, without the express written approval of Reliance.

10. INDEMNIFICATION & LIMITATION OF LIABILITY

  • 10.1 You hereby agree to release and defend, hold harmless, and indemnify us, and our subsidiaries, affiliates, directors, officers, employees, agents, successors and assigns (“ Reliance Indemnified Parties ”), from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense and any other liability (including reasonable attorneys’ fees) arising from your act or omission, including without limitation any breach or default under these Terms of Sale, or allegation or claim of negligence, strict liability or misconduct.

  • 10.2 In no event will Reliance be liable to you for any lost profits, lost savings, lost goodwill, lost revenue, loss of claim or any incidental, indirect or consequential damages of any kind, however caused to you.

11. TERMINATION OR SUSPENSION

  • 11.1 Reliance shall be entitled to terminate these Terms of Sale at any time by giving a notice of 30 (thirty) days to you and without assigning any reasons thereto. Reliance may (without prejudice to its other rights hereunder or at law) terminate these Terms of Sale immediately upon providing written notice to you if: (i) you become insolvent, you are unable to repay debts, or has appointed to it, or any substantial part of its property, any receiver and manager, liquidator, administrator, trustee or other similar official; or (ii) any proceeding is instituted by or against you seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency, reorganization or relief of debtors; or (iii) you are in breach of any of the Terms of Sale herein.

  • 11.2 Any termination or suspension under this Clause 10 shall not affect the rights or liabilities of either Party with respect to the Products to the extent delivered before the date of termination or suspension, or with respect to any indebtedness owing by either Party to the other arising on or prior to such date.

12. REPRESENTATION AND UNDERTAKING

You represent and undertake that: (a) have the capacity to enter into and perform your obligations under these Terms of Sale and all transactions and undertaking contemplated herein; (b) all corporate or other required action necessary for the authorization, execution and delivery of the Terms of Sale have been obtained; (c) the Terms of Sale has been duly executed by them and is valid and binding upon them in accordance with its terms; (d) you have obtained all licenses, registrations and permissions to buy and sell the Products as envisaged herein; and (e) You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury's Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority. You hereby agree that you will be solely responsible for obtaining licenses for purchase, storage and re-selling the Products to the ultimate consumers under the applicable laws.

13. AMENDMENTS AND SEVERABILITY

We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

14. FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with its obligations if the delay, upward revision of price or failure arises from any cause which is beyond our reasonable control.

15. WAIVER

No provision in these Terms of Sale will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

16. GOVERNING LAW AND DISPUTE RESOLUTION

Reliance and you shall endeavour to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Agreement (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by Reliance and You from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and Conciliation Act, 1996. The language of Arbitration shall be English. The arbitral award shall be final and binding on Reliance and you. The award may include costs, including reasonable advocates’ fees and disbursements.

These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.

17. MISCELLANEOUS

In addition to these Terms of Sale, you will also ensure that you are in compliance with the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms.

18. RIGHT TO AUDIT AND / OR EXAMINE RECORDS

Reliance may, on its own, or by engaging a third-party auditor (“ Auditor ”) at Reliance’s expense, and, upon Reliance’s request thereof, examine any of your records, invoices and/or other data or documents that are necessary to establish your compliance or non-compliance with Terms of Use.

19. ANTI- CORRUPTION

You will comply with all applicable anti‑corruption laws, including, to the extent applicable to a you and any other Indian law including Indian Penal Code, 1860 and Prevention of Corruption Act, 1988. You will not, directly or indirectly, offer or pay anything of value (including gifts, travel, entertainment expenses, and charitable donations) to any official or employee of any government, government agency, political party, or public international organization, or any candidate for political office, to (a) improperly influence any act or decision of such official, employee, or candidate for the purpose of promoting your business interests in any respect, or (b) otherwise improperly promote the business interests of Reliance in any respect, in each case in violation of applicable law. You will not retaliate against anyone who has, in good faith, reported a possible violation of this clause or refused to participate in activities that violate this clause to the extent prohibited by applicable law. Reliance shall be entitled to terminate these Terms of Use and your registration on the JioMart Partner Platform immediately upon your breach of this clause.