TERMS AND CONDITIONS FOR USE OF WHOLCART

Welcome to WholCart!

The portal www.wholcart.com and its corresponding mobile application (collectively, “WholCart”), is managed and operated by JRS Infonetwork OPC Pvt .Ltd. (“we”, “us” or “our”). Any natural or legal person who accesses and/or uses WholCart in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on WholCart (“Service”) will be subject to these terms and conditions for use of WholCart (“Terms of Use”), as updated from time to time and such terms, guidelines and conditions as may be applicable to such Service (“Service Terms”). If these Terms of Use are inconsistent with such Service Terms, the Service Terms will control to the extent of such inconsistency with respect to the applicable Service.

These Terms of Use 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. Please read these Terms of Use carefully before using or accessing WholCart or availing any Service. By using the WholCart or availing any Service, you signify your agreement to be bound by these Terms of Use.

1. USE OF WHOLCART

You agree and acknowledge that WholCart is an online platform that enables you to purchase the products listed on WholCart at the indicated price at any time from the serviceable locations. Except where we are the seller of the relevant product on WholCart, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on WholCart. Accordingly, such contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on WholCart.

2. ELIGIBILITY

Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access WholCart. If you are a minor i.e. under the age of 18 years, you may use WholCart only with the involvement of a parent or guardian.

3. REGISTRATION AND OPERATION OF YOUR ACCOUNT

3.1. In order to use WholCart and avail the Services, you will have to register on WholCart. Registration is a one-time process and is free of cost. You may register in the following way:

3.1. By creating a WholCart account: You can register by providing relevant information, such as your mobile number, and such other details relevant for creating an account.

3.2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate.

3.3. You will: (a) immediately inform WholCart 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. WholCart 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 to WholCart or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to WholCart, restrict placement of new orders, cancel pending orders, deactivate, or suspend your account on WholCart, without any notice to you, at our sole discretion, for reasons which may include: (a) breach of these Terms and Conditions, Privacy Policies or any other applicable policy; or (b) violation of any applicable laws; or (c) suspicion of your involvement in any inappropriate or unlawful conduct; or (e) suspicion of your involvement in placing fake orders, frequent cancellations, returns, or abuse of any policy; or (f) directly or indirectly threaten to or cause harm to the brand image of WholCart on a public forum (including but not limited to social media, print or electronic media); or (g) causing harassment to WholCart and / or its employees / or its agents.

4. COMMUNICATION AND UNSUBSCRIPTION

4.1. You understand that once you have shared your Account Information and successfully registered on WholCart, you may receive SMS or email notifications from WholCart relating to your registration and transactions on WholCart.

4.2. You may also receive such notifications regarding any marketing / promotional activities that maybe available on WholCart from time to time. By sharing your Account Information and registering on WholCart and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional 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.

4.3. WholCart may also send notifications and reminders with respect to the Services on WholCart. While WholCart endeavours to provide these notifications and reminders to you promptly, WholCart does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.

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

5. LICENSE AND ACCESS TO PLATFORM

5.1. Your use of WholCart, the Services, and access to the WholCart Content ( as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on WholCart. You will use WholCart solely for identifying products, carrying out purchases of products. Items on WholCart are non-returnable. For a damaged, defective, incorrect or expired item, you can request a replacement within 72 hours of delivery. In case of an incorrect item, you may raise a replacement or return request only if the item is sealed/ unopened/ unused and in original condition. WholCart is for your personal use only and not for business purposes.

5.2. The license granted to you does not include a license for: (a) resale of Products or commercial use of WholCart or WholCart Content, (b) any collection and use of product listings, description, or prices, (c) any use of WholCart, the Services and/or of WholCart Content other than as contemplated in these Terms of Use, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of WholCart, (e) creating and/ or publishing your own database that features parts of WholCart.

5.3. You grant to WholCart 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 WholCart 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 WholCart. You agree to perform all further acts necessary to perfect any of the above rights granted by you to WholCart, including the execution of deeds and documents, at its request.

Please note that WholCart at all times reserves the right to refuse your access to WholCart, terminate/deactivate your account, remove or edit content on WholCart, at its discretion.

6. PERSONAL INFORMATION PRIVACY

6.1. During the course of your registration on and usage of WholCart or availing the Services, WholCart 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, login details etc.

6.2. WholCart respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, WholCart 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 terms of our Privacy Policy, please do not use or access WholCart or avail the Services. For more information, please refer to the Privacy Policy.

7. CONTENT ON PLATFORM AND WHOLCART PROMOTION/ CASHBACK OFFERS

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

7.2. WholCart may display on WholCart any third-party logos, trade names, trademarks of other brands, as per the license granted to WholCart by such brands.

7.3. No information, content or material from WholCart (including the WholCart 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 WholCart’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 WholCart and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing WholCart’s or its affiliates’ names or trademarks without the express written consent of WholCart and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.

7.4 WholCart may provide promotional cashback offers to the eligible customers and such unutilized cash back balance will be subjected to expiry on a periodic basis as per the policy from time to time.

8. DISCLAIMERS

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

8.2. All information in relation to third parties, including sellers and the products listed by them on WholCart (“Third Party Information”) are provided only for reference. WholCart, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.

8.3. WholCart may contain user generated content which WholCart does not pre-screen and which contains views that may be opinions of users/ experts. WholCart will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). WholCart does not promise that the user generated content on WholCart is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.

8.4. To help you in identifying the products of your choice, description of the products are provided on WholCart by the relevant seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/color of the products when delivered may differ for various reasons.

8.5. The Services included on WholCart are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. WholCart does not covenant or provide any representations and warranties:

8.5.1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on WholCart;

8.5.2. that the Services will be made available at all times;

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

8.5.4. that the WholCart Content available on WholCart is complete, true, accurate or non-misleading.

8.6. Parties other than WholCart and its affiliates may operate stores, provide services, or list or sell product lines on WholCart. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. WholCart does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on WholCart is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.

8.7. To the extent permitted by applicable law, WholCart disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on WholCart.

8.8. WholCart 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 and expense.

9. USER WARRANTIES AND RESTRICTIONS

9.1. You represent and warrant that: (a) your use of WholCart and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to WholCart in connection with WholCart and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable WholCart policies or guidelines 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, WholCart 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 WholCart 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.

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

9.3. The use of the Platform by you is restricted to personal use only, and you will not use any portion of WholCart (including the contents on the Platform) or Services for any resale or commercial purpose.

9.4. You will not do any of the following:

9.4.1. Delete or modify any content on WholCart, such as any information regarding the Services, their performance, sales or pricing;

9.4.2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search WholCart;

9.4.3. Make false or malicious statements against the Services, WholCart or WholCart;

9.4.4. 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 WholCart and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of WholCart and/or the Services;

9.4.5. Introduce any trojans, viruses, any other malicious software, any bots or scrape WholCart for any information;

9.4.6. 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;

9.4.7. Hack into or introduce malicious software of any kind onto WholCart;

9.4.8. 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

9.4.9. 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.

9.5. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through WholCart, any information that:

9.5.1. belongs to another person and to which You do not have any right;

9.5.2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

9.5.3. harms minors in any way;

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. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

9.5.7. impersonates or defames another person; or

9.5.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

10. INDEMNIFICATION AND LIMITATION OF LIABILITY

10.1. You agree to indemnify, defend and hold harmless WholCart, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of WholCart or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of WholCart or any third-party. WholCart will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide WholCart with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.

10.2. To the fullest extent permitted by law, in no event shall WholCart or any of its directors, officers, employees, agents or content or service providers (collectively, the “WholCart 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, WholCart or the content, materials and functions related thereto, the Services, provision of information via WholCart, lost business, even if such WholCart Representatives have been advised of the possibility of such damages.

10.3. In no event shall WholCart Representatives be liable for:

10.3.1. the use or inability to use WholCart and/or the Services;

10.3.2. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through WholCart;

10.3.3. any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or

10.3.4. any other matter relating to WholCart or the Services.

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

10.5. None of the directors, officials or employees of WholCart shall be personally liable for any action in connection with WholCart or the Services.

11. ACCESS OUTSIDE THE REPUBLIC OF INDIA

11.1. WholCart makes no representation that the content on WholCart is appropriate to be used or accessed outside the Republic of India. Any users who use or access WholCart 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.

12. TERM AND TERMINATION

12.1. These Terms of Use shall be effective from the date of their publication on WholCart.

12.2. WholCart 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 WholCart is unable to verify or authenticate any information submitted by you.

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

13. FORCE MAJEURE

13.1. WholCart 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 WholCart’s reasonable control.

14. WAIVER

14.1. 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 WholCart. Any consent by WholCart 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.

15. SEVERABILITY

15.1. 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.

16. GRIEVANCE REDRESSAL

16.1 In case you have any queries, concerns and complaints, please reach out to our customer care team on the communication channels as set out below. Our customer care team will provide you with a timely resolution of your queries, concerns and complaints.

Whatsapp us: 8383004327

Call us: 8383004327

17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1. These Terms of Use, all transactions consummated between WholCart and you, and the relationship between WholCart 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 Saharanpur.

18. AMENDMENT

18.1. 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 WholCart. You relationship with WholCart will be governed by the most current version of these Terms of Use, as published on WholCart.

19. MISCELLANEOUS

19.1. 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 offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that WholCart will not be liable for any transaction between itself and any such third parties.

19.2. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by WholCart, for the use of WholCart, and the rights and liabilities with respect to any Services to be provided by WholCart shall be limited to the scope of these Terms of Use.

TERMS AND CONDITIONS OF SALE

Welcome to WholCart!

The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between the person/ entity listed as seller (“we”, “us” or “our”) on the portal www.WholCart.com and its corresponding mobile application (collectively, “WholCart”) and you (“you” or “your”) and govern your purchase of the products (“Product(s)”) from us on or through WholCart. 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 various agreements, Service Terms, Privacy Policy, Terms of Use and all other policies of WholCart. 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.

1. Our Contract of Sale

1.1. Listing and display of a Product by us on WholCart is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on WholCart by you is your offer to buy the Product(s) from us.

1.2. Once you have placed an order with us for purchase of a Product, you will see the status ‘Pending’ of that order on Orders page. The Pending status is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

1.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you. The status of the order at that time will be updated to ‘Shipped’. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

1.4. You acknowledge that there may be certain Products in your order whose actual quantity may not be known at the time of order placement (for example, fruits, vegetables, etc.). Such Products will therefore be invoiced based on the exact weight at the time of packaging and upon dispatch, our Shipment Confirmation will reflect such marginal variance in the quantity of the Product as against your original order and relevant adjustment in the invoice amount.

1.5. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

1.6. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.

1.7. You can cancel your order for a Product at no cost at any time before we send the Shipment Confirmation relating to that Product.

1.8. All orders placed on WholCart are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.

1.9. You acknowledge and accept that the title and risk of all Products ordered by you shall pass on to you upon the delivery of the purchased Products to you.

2. Return and Refund

2.1. Items on WholCart are non-returnable. For a damaged, defective, incorrect or expired item, you can request a replacement within 72 hours of delivery. In case of an incorrect item, you may raise a replacement or return request only if the item is sealed/ unopened/ unused and in original condition.

3. Product Availability

3.1. We list availability information for the Products on the relevant webpage of WholCart. Beyond what we say on that webpage or otherwise on WholCart, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by telephonic call if any Products you order turn out to be unavailable or out of stock.

4. Product Pricing

4.1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.

4.2. Products in your shopping cart of WholCart will reflect the most recent price as displayed on the Product’s information webpage on WholCart. 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 1.4 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 but prices of some of the Products (such as fresh 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 in paragraph 1.4 above.

4.4. In certain circumstances, due to high demand, a Product with price as displayed on the Product Detail Page (“PDP”) and an offer on a Product may be available in limited quantities and will be fulfilled on a first-come, first-served basis. In the event that the Product with certain price and with particular offer is out of stock, a fresh supply of the same product from a different manufacturing batch may be provided during the delivery of the order, in order to fulfil the request for the Product. Please note that such product, sourced from a different manufacturing batch, may have a different price and may not be eligible for the same offer or discount that was originally applied to the Product under the offer. It will be our endeavour to serve you with timely supply of goods and in case you do not agree with the different price or discount/ offer you may reach out to our customer care team by writing an e-mail or by calling the number as published on WholCart.

5. Licenses

5.1. You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.

6. Taxes

6.1. You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

7. Eligibility

7.1. Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use WholCart and place an order with us. If you are a minor i.e. under the age of 18 years, you may purchase the Product on WholCart only with the involvement of a parent or guardian.

8. Limitation of Liability

8.1. In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the refund of money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.

9. Amendments

9.1. 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.

10. Force Majeure

10.1. We 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 our reasonable control.

11. Waiver

11.1. 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.

12. Governing Law and Dispute Resolution

12.1. 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.

13. Miscellaneous

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

13.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.