TERMS AND CONDITIONS AND PRIVACY POLICY OF INSTAMART

1.                  GENERAL

1.1.       This Terms and Conditions and Privacy Policy (hereinafter referred to as “Terms of Use”, “Policy” or “Agreement”) explains how we, instamart (hereinafter referred to as “instamart”, “we”, “our”, “us”), collect, process and use information of our users (hereinafter addressed as “Users”, “you”, “your”, “yourself”, “buyer”). We are the operator of the website www.instamart.com.bd, associated mobile application and a provider of a range of services thereto. We provide a platform where we may list offers for various services, deals, coupons, vouchers, travel offers or other goods (hereinafter called “Offers”, “Products and/or Services”) which are made available by various merchants/sellers (collectively: “Sellers”). This Agreement applies to information that we collect through our website, mobile application, electronic communications or services (collectively, the “Platform”).

1.2.            instamart will routinely update this Policy or Agreement to improve our practices and to reflect new or different privacy practices. Such update includes, among other things, adding new services, functionality or features to the Platform, adding certain fees or charges etc. Updated Policy will be effective upon our posting of such updated Policy at our Platform. You are solely responsible for regularly reviewing this updated Policy.

2.                  ACCEPTANCE OF TERMS AND CONDITIONS

2.1.            Your continued access or use of the Platform after posting the updated Policy constitutes your consent to be bound by this updated Policy and terms and conditions of this Agreement. If you do not agree to the terms and conditions, please do not use or access our Platform. Please note that, by use of the Platform, you expressly consent to your use and disclosure of your personal information in accordance with this Policy.

2.2.            Your continued use of the Platform denotes that, you understand and agree that we may collect and use your sensitive personal data and information (SPDI), technical data and related information to meet any of our legal or regulatory compliances as per applicable laws of Bangladesh.

3.                  REGISTRATION/ MEMBERSHIP/ACCOUNT

3.1.            Membership cannot be availed of by those who are deemed incompetent to contract under the Contract Act, 1872 of Bangladesh.

3.2.            To use the Platform (whether with or without registration) and to purchase any Products and/or Services, you must be 18 years of age or above. If you are below 18 years of age and you wish to use our Platform or transact on our Platform, such use or transaction may be made by your legal guardian or parents on the Platform. instamart reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if your such information is brought to the notice of instamart or discovered by instamart.

3.3.            To avail certain services on our Platform, Users are required to provide certain information for the registration process that may include but not limited to :- a) your name, b) email address, c) sex, d) age, e) PIN code , f) credit card, debit card or mobile banking details, g) phone number, h) sexual orientation, i) biometric information, j) password etc., and/or your occupation, interests, and the like (“SPDI”). We also store the first 6 and last 4 digits of Users’ card number in a secure and encrypted manner. The first 6 digits (also known as the bank identification number) are used to identify the bank name and country where user card was issued. The first 6 and last 4 digits are together used for fraud detection and prevention purposes. All required information is service dependent and instamart may use the said user information to maintain, protect, and improve its services (including advertising services) and for developing customer service, new services and its Platform. Such information will not be considered as sensitive if it is freely available and accessible in the public domain.

3.4.            We only consider the name of the instamart account holder as client of the product(s) that have been ordered from the respective instamart account. You shall not request for any changes in the name of the Accountholder during delivery of the product (i.e.: Motor Bike/Car etc.)

3.5.            instamart reserve the right to ban/cancel/freeze/unfreeze your account(s) if it seems to violate any of our terms and conditions. instamart is not bound to provide the balance amount (or credit point) to you if your account is blocked/banned due to the violation of our terms and conditions. instamart may refund any amount of balance paid by you through mobile banking/bank/card/cash within a reasonable time period. Provided that, it may depend on the calculation of your total payment deducted from the credit point you received and used.

3.6.            The Platform may contain connections to areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products and merchants, and otherwise submit your own original content. Prior to posting in these areas, please read our Terms of Use carefully. All the information you post may be accessible to anyone with Internet access, and any information you include in your posting may be read, collected, and used by others.

3.7.            Connecting through Social Networks: We offer social networking users the opportunity to interact with friends and to share on social networks. If you are logged into both the Platform and a social network, when you use the Platform’s social networking connection functions, you may connect your social network account with your instamart account (this happens automatically, if the email addresses match). If the email addresses do not match, we ask you if you want to link them and you must validate that you control the accounts. If you are already logged into the Platform but not logged into your social network site, when you use the Platform’s social network connection functions, you will be prompted to enter your social network website credentials or to sign up for the social network.

3.8.            If you are not currently registered as a User and you use the Platform’s social network connection functions, you will first be asked to enter your social network credentials and then be given the option to register and join instamart. Once you register with us and connect with the social network, you will be able to automatically post recent instamart activity back to your social network. Please refer to the privacy settings in your social network account to manage the data that is shared through your account.

3.9.            By using the Platform’s social network connection function, you will grant us permission to access all of the elements of your social network profile information that you have made available to be shared (as per the settings chosen by you in your social network profile) and to use it in accordance with the social network’s terms of use and this Terms of Use.

4.                  RIGHT TO TRANSFER

The right to use this Platform is personal to the User and is not transferable to any other person or entity.  You shall be responsible for protecting the confidentiality of your password(s), if any. It is agreed by you that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of instamart, and instamart shall not be responsible for any data lost while transmitting information on the internet. instamart makes no representation that any Products and/or Services are available or otherwise suitable for use outside Bangladesh. If you choose to access the Platform from locations outside Bangladesh, you do so on your own initiative and are responsible for the consequences thereof.

5.                  COLLECTION OF USER INFORMATION 

5.1.            We get access to your SPDI when you:

5.1.1        register, subscribe, authorize the transfer of, or create an account with us;

5.1.2        open or respond to emails;

5.1.3        provide information to enroll or participate in programs provided on behalf of, or together with other Sellers, merchants, co-marketers, distributors, resellers and other business partners, with your consent or as necessary to provide services you have requested;

5.1.4        visit any page online that displays our ads or content;

5.1.5        purchase Products and/or Services on or through the Platform;

5.1.6        interact or connect with or link to the Platform via cookies, integrated social networking tools and other technologies; and

5.1.7        post comments to the Platform.

6.                  SECURITY OF INFORMATION

6.1.            Pursuant to the applicable laws of Bangladesh, we may be required to give a disclosure of the SPDI collected by us to the relevant competent authority(ies). We may collect and retain the following information from and about you if you interact with us through the Platform:

6.1.1        your email address and Platform password;

6.1.2        your payment details, billing and delivery addresses, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details;

6.1.3        your phone number(s);

6.1.4        your location, website browsing patterns (e.g., through cookies) and purchase history;

6.1.5        other information you actively submit to us or we can determine about you based on your interactions with our Platform and services.

6.2.            We use strict security measures to ensure the security, integrity and privacy of your SPDI and to protect your SPDI against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, we have adopted internal reviews of the data collection, storage and processing practices and security measures, including offering the use of a secure server to guard against unauthorized access to systems where we store your SPDI.

6.3.            We shall, however, not be responsible for any breach of security or for any actions of any third parties that receive your SPDI. The Platform is also linked to many other sites and we are not/shall be not responsible for their privacy policies or practices as it is beyond our control.

6.4.            instamart collects information from your interaction with our Platform, Services, content and advertising, including but not limited to device ID, device type including the hardware model, operating system and version, unique device identifiers and mobile network information, location, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address, information collected by cookies and other tracking technologies, standard web log information and other identifying information about the computer or device that you use to access your instamart account shall be tracked for helping us detect possible instances of unauthorized transactions and shall be used by instamart to provide smooth experience of instamart services.

6.5.            For ensuring smooth and efficient instamart Services, your IP address, browser, and time related information for accessing the Platform shall be stored in our server; web address of sites that routed you to or from the Platform may also be received. Session cookies, web cookies, pixel tags, web beacons or other similar technologies shall be used to place small text or image files in your computer/device for facilitating User friendly performance of the Platform.

6.6.            When a instamart User attempts to send instamart Service request to Users who have not yet signed up in instamart, instamart may retain the Service requested and information provided regarding the prospective User for contacting them for marketing purpose. For example, a text message or Interactive Voice Response (“IVR”) may be sent to their number notifying them about the instamart Service you wanted to share with them.

6.7.            instamart may collect non-personal information as you use our Platform. When you use our Platform, third-party service providers, e.g. Google Analytics and other partners may also receive and record non-personal information from cookies, server logs, and similar technology from your browser or mobile device, including your IP address. We may combine the collected non-personal information with the personal information. Where we do so, we shall treat the combined information as personal information if the resulting combination may be used to readily identify or locate you in the same manner as personal information alone.

6.8.            instamart collects non-identifying, general, generic and aggregate information to improve the design of the Platform and Services.

6.9.            You may update your information through your account profile settings. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it accordingly.

6.10.        You may request access to any personal information we hold about you at any time by contacting us. Where we hold information that you are entitled to access, we shall try to provide you with the means of accessing it. You may be charged a fee to cover the administrative and other associated costs in providing the information as per the policy of instamart. Please note that there may be instances where access to the personal information may not be granted, for e.g. we may need to refuse access if it would potentially interfere with the privacy of others or result in a breach of confidentiality.

6.11.        The right to use this Platform is personal to the User and is not transferable to any other person or entity.  You shall be responsible for protecting the confidentiality of your password(s), if any. It is agreed by you that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of instamart, and instamart shall not be responsible for any data lost while transmitting information on the internet. instamart makes no representation that any Services are available or otherwise suitable for use outside Bangladesh. If you choose to access the Platform from locations outside Bangladesh, you do so on your own initiative and are responsible for the consequences thereof.

7.                  USE OF INFORMATION

7.1.            We process SPDI for the following purposes:

7.1.1        Operate, maintain and improve the Platform;

7.1.2        Provide you with personalized direct marketing initiatives via email and direct marketing offers;

7.1.3        Facilitate and process orders – for example, for Vouchers (defined below) and other Products and/or Services;

7.1.4        Determine your eligibility for certain types of Offers, Products and/or Services that may be of interest to you, and analyze advertising effectiveness;

7.1.5        Answer your questions and respond to your requests;

7.1.6        To establish and analyze individual and group profiles and customer behavior;

7.1.7        Communicate and provide additional information that may be of interest to you about us, the Sellers and our business partners;

7.1.8        Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages, and requested information, including on behalf of business partners;

7.1.9        Administer rewards, surveys, contests, or other promotional activities or events;

7.1.10    Manage our everyday business needs, such as administration of the Platform, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use or to comply with the applicable law;

7.1.11    Comply with our legal obligations, resolve disputes, and enforce our agreements;

7.1.12    Allows you to sign up for special Offers from merchants and other business partners through the Platform; and to

7.1.13    Enhance other information we have about you to help us better understand you, determine your interests and provide you with more relevant and compelling services.

8.                  MANAGING USER INFORMATION

8.1.            You can manage the types of SPDI you provide to us and can limit how we communicate with you.

8.2.            You can manage your email and notice preferences by logging into your account through the Platform or by adjusting the settings in our mobile application.

8.3.            You can also manage your subscriptions by following subscription management instructions contained in any commercial emails that we send you.

8.4.            You may choose to subscribe to some types of messages, and may choose not to subscribe to, or to unsubscribe from, others.

8.5.            You may update your subscription preferences at any time. Please note that even if you decide not to subscribe to, or to unsubscribe, from promotional email messages, we may still need to contact you with important transactional information related to your account and your purchases. For example, even if you have unsubscribed from our promotional email messages, we will still send you confirmations when you make purchases on the Platform.

8.6.            You may manage how your browser handles cookies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available.

8.7.            You may also manage how your mobile device and mobile browser share information on and about your devices with us, as well as how your mobile browser handles cookies by adjusting the privacy and security settings on your mobile device. Please refer to instructions provided by your mobile service provider and the manufacturer of your device to learn how to adjust your settings.

8.8.            You may also manage the sharing of certain personal data with us when you connect with us through social networking platforms or applications. Please refer to Paragraph 9 below and also the privacy policy and settings of the social networking websites or applications to determine how you may adjust our permissions and manage the interactivity between us and your social networking account or your mobile device.

8.9.            If you register for customized email newsletters containing Offers for local services, goods and travel, we will work to make information more relevant for you and customize newsletters based on information you share with us, your location, website browsing preferences (for example, through cookies), purchase history or based on other attributes of your relationship with us. You can reject and delete cookies and unsubscribe from newsletters at any time by clicking links in each newsletter you wish to unsubscribe from.

9.                  USER’S RIGHTS IN RELATION TO PERSONAL DATA

9.1.            By keeping your personal data updated you can help us to ensure that we can respect your preferences and offer you the Products and/or Services that are most relevant to you.

9.2.            You can access, update, rectify, and delete your information you provided to us in your profile by logging into your account or contacting us at support@instamart.com.bd.

9.3.            While we are ready to assist you in managing your subscriptions, closing your account, and removing your active profile, we cannot always delete records of past interactions and transactions. For example, we may be required to retain records relating to previous purchases on the Platform for financial reporting and compliance reasons.

10.              RETENTION OF INFORMATION

You can at any time unsubscribe from our services, newsletters, e-mailers. We will, however, retain your personal data for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting or other compliance purposes. We will also retain your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

11.              DISCLOSURE OF INFORMATION

11.1.        We are not in the business of selling or renting personal data. We will not share your personal data, except in the following manner:

11.1.1    with the Sellers, so they can sell and deliver to you;

11.1.2    to report or collect on payments owed to Sellers, merchants or other business partners;

11.1.3    as necessary to perform contractual obligations towards you with business partners to the extent you have purchased or redeemed a Product and/or Service offered by a business partner or participated in an offer, rewards, contest or other activity or program sponsored or offered through us or the Sellers on behalf of a business partner;

11.1.4    in case of a merger, acquisition or reorganization with a purchaser of our company or all or substantially all of our assets;

11.1.5    to comply with legal orders and government requests, or as needed to support auditing, compliance;

11.1.6    to combat fraud or criminal activity, and to protect our rights or those of our affiliates, business partners and Users, or as part of legal proceedings affecting instamart;

11.1.7    in response to a legal process, including to law enforcement agencies, regulators, and courts; or

11.1.8    with your consent or as otherwise required or permitted by law.

11.2.        We encourage business partners to adopt and post privacy policies. However, while we share personal data with business partners only for the above-mentioned purposes, their subsequent processing and use of personal data obtained through instamart is governed by their own privacy policies and practices and are not subject to our control.

12.              PRIVACY POLICIES OF THIRD PARTIES

This Privacy Policy only addresses the collection, processing and use (including disclosure) of information by us through your interaction with the Platform. Other websites that may be accessible through links from the Platform may have their own privacy policies and personal information collection, processing, use, and disclosure practices. Our business partners may also have their own privacy policies. We encourage you to familiarize yourself with the privacy policies provided by these other parties prior to providing them with information or taking advantage of a sponsored offer or promotion.

13.              COOKIES    

13.1.        Consent: By using our website or mobile app (“Platform”), using services provided through the Platform, or receiving our emails, you consent to the use of cookies in accordance with this “Cookies Policy”.

13.2.        Intent: This Privacy Policy sets out how we, and third parties we authorize, use cookies when you interact with our Platform or the services offered via the Platform. Our Privacy Policy explains what we do (and don't do) with the information, including any personal data we may collect about you. Please read them both.

13.3.        Meaning: Cookies are unique identifiers, usually made up of small bits of text or code. Cookies are usually stored on your device or in your web browser and they send certain information back to the party who served the cookie. When we say cookies we are actually referring to a broader range of technologies than just cookies, including web beacons, clear gifs, pixels and other similar technologies. When we say first-party cookies we mean cookies that are served by instamart. When we say third party cookies we mean cookies that are served by non-instamart parties.

13.4.        Use of Cookies: Cookies are used in order to better understand how applications and websites work and to optimize online and mobile experiences. Cookies do this by allowing the party serving the cookie to analyse a website’s or mobile app’s performance, to identify certain Users anonymously and remember their preferences, to better understand whether a computer or device (and probably its user) has visited a website previously and to serve personalised advertisements.

13.5.        Types of Cookies: Our Platform primarily uses the following four types of cookies:

13.5.1  Operations based Cookies: These cookies are essential for the operation of our Platform. They make it possible for you to browse and use our Platform. If you disable these cookies, the Platform will not function correctly for you.

13.5.2  Performance based Cookies: These cookies gather information about how visitors use the Platform and monitor Platform performance. For example, performance cookies tell us which pages are popular, monitor traffic to our Platform and compile anonymous analytic information. Performance cookies can also be used to identify and remedy operational problems with the Platform.

13.5.3  Functionality based Cookies: These cookies are used to recognize and remember your preferences. For example, functionality cookies may use information, such as your location, to make sure that you arrive at a version of our Platform that is specific to your city or region.

13.5.4  Advertising Preferences based Cookies: We offer you choices about receiving interest-based ads from us. For this, we allow third parties to deliver personalised advertising content on our Platform and/or on third party websites and applications. These third parties use cookies to understand your interest in the advertisements and content delivered to you, as well as to serve you with more relevant advertisements based on your activities on our Platform. For example, third-party cookies could record information about whether you have clicked on certain content or advertisements on our Platform or other websites, or placed an item on our Platform in your shopping cart.

13.6.        We do not have control over, or access to, third-party advertising cookies or the information they contain. Third parties manage any information that they collect via cookies they place in accordance with their privacy policies. You can opt-out of third-party personalised advertising cookies. You will still see ads but they will not be personalized.

13.7.        Cookies and Browser settings: You may be able to avoid certain cookies by configuring your browser settings or opting-out directly with the party that operates and controls the cookie. Please check your browser settings for more information.

13.8.        Cookies in E-mails: Our emails contain cookies that track whether you open our emails and whether you click any links within them. The cookies used in our emails to monitor these behaviors are unique to each email and are not stored on your computer or mobile device.

14.              USER’S RESPONSIBILITY

The services and use of the website or mobile application do not include the provision of a computer or other necessary equipment to access the Platform. To use the Platform, you will require internet connectivity and appropriate telecommunication links. The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use the Platform and all charges related thereto. instamart shall not be liable for any damages to the User’s equipment resulting from the use of this Platform.

15.              USER CONDUCT

15.1.        Restrictions: The User undertakes without limitation, not to use or permit anyone else to use the service or Platform:

15.1.1    to upload, send or receive any information for which the User has not obtained all necessary license and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

15.1.2    to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);

15.1.3    to intercept or attempt to intercept any communications transmitted by way of a telecommunication system;

15.1.3.1 for a purpose other than which we have designed them or intended them to be used;

15.1.3.2 for any fraudulent purposes in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

15.1.4    to upload, send or receive any material, which is not civil or tasteful;

15.1.5    to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;

15.1.6    to cause annoyance, inconvenience or needless anxiety.

15.2.        Forbidden uses: The following uses of the Platform are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

15.2.1.  resell the Platform;

15.2.2.  furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;

15.2.3.  attempt to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);

15.2.4.  access the Platform in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;

15.2.5.  execute any form of network monitoring which will intercept data not intended for you;

15.2.6.  send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;

15.2.7.  create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;

15.2.8.  send malicious email, including flooding a user or site with very large or numerous emails;

15.2.9.  enter into fraudulent interactions or transactions with us or a Seller (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

15.2.10.    use the Platform (or any relevant functionality of either of them) in breach of this Agreement;

15.2.11.    use in an unauthorized manner, or forge, mail header information;

15.2.12.    engage in any unlawful or criminal activity in connection with the use of the Platform or any Voucher; or

15.2.13.    copy or use any User content for any commercial purposes.

15.3.        Any conduct by a User that in instamart’s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying this Platform is strictly prohibited. The User shall not use this Platform to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Platform to become users of other online or offline services directly or indirectly competitive or potentially competitive with instamart.

15.4.        instamart reserves the right to prevent you from using the Platform and to prevent you from making any purchase, if your conduct is found to be in question or contravention of the terms of this Agreement.

16.              PRODUCT DESCRIPTION

instamart attempts to be as accurate as possible. However, instamart does not warrant that product descriptions or other content of the site is accurate, complete, reliable, current, or error-free. If a product offered by instamart itself and its sellers is not as described, your sole remedy is to return it in unused condition.

17.              ABUSING instamart

As per these Terms, users and sellers are solely responsible for every material or content uploaded on to the Website by themselves. Sellers and users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. Please report problems, offensive content and policy breaches to us. We work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate and take necessary steps as soon as possible.

18.              ORDER ACCEPTANCE AND PRICING

18.1.        Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your debit/credit card charged.

18.2.        All prices posted on this website are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do includes all taxes and charges. In case there are any additional charges or taxes the same will be mentioned on the website.

19.              PURCHASE AND SALE OF PRODUCTS AND/OR SERVICES

19.1.        instamart takes no responsibility for the Products and/or Services for which Vouchers may be redeemed. Further, instamart makes no warranty to the Users for the quality, safety, usability, or other aspect of the Product and/or Service for which the Voucher may be redeemed.

19.2.        Some services for which instamart Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities instamart takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the services for which the instamart Voucher can be redeemed.

20.              SELLERS POLICY AND OFFERING

By purchasing any Product and/or Services via the Platform, you agree to the Terms of Use, including, without limitation, the terms of sale specified below (“Terms of Sale”). These Terms of Sale form part of the overall Terms of Use of the Platform and are to be read in consonance with them.

20.1.        Offer:

20.1.1.     instamart is not liable for any offers of any merchant/importer/vendors at any other Platform except instamart Mall. You can request/ask/solicitation or look for data or information about the offers given/declared by instamart Mall.

20.1.2.     One user will have the option to buy one item during any offer if otherwise not announced that multiple quantities are allowed by instamart).

20.1.3.     Users cannot claim to withdraw any kind of credit point by any form i.e. by mobile banking, bank or cash except instamart balance.

20.1.4.     Voucher will expire on the date specified on the Voucher.

20.1.5.     Cannot be combined with other offers.

20.1.6.     Providing Voucher code is mandatory to avail Offer. 

20.1.7.     Booking, reservations and amendments are subject to availability.

20.1.8.     Must be redeemed in a single visit (unless specified otherwise).

20.1.9.     Vouchers can be redeemed only after due verification of the customer (including photo ID proof, if required).

20.1.10. All local/national laws and rules, consumption of intoxicants etc. - that apply to regular customers, apply to instamart Voucher Holders (defined below) too.

20.1.11. The Seller is solely responsible for the taxes levied/to be levied on the Products and/or Services for providing the sales invoice to you against the Products and/or Services sold.

20.1.12. In case of cancellation or transactional failure, promo codes shall not be valid for cash back.

20.2.       Sellers Policy

20.2.1.  We suggest the Seller to learn about instamart sales policy before listing any items. This will help the Seller to avoid breaking any rules by accident. If the Seller fail to follow the rules to protect the integrity of our marketplace, we may take steps to remove the Seller’s listing or products and restrict the Seller’s trade and transactions. For more details, see the policy guidelines below.

20.2.2.  The Seller must provide accurate and consistent details about the Seller’s items and be clear and precise about terms of sale.

20.2.3.  The Seller should do its best to provide great customer service till delivery of products. Reasonable shipping and handling costs may be charged.

20.2.4.  The Seller need to specify the delivery time and return policy and need to answer buyers' questions instantly.

20.2.5.  The Seller need to be professional throughout the transaction.

20.2.6.  The Seller need to review and update the listings and items often to ensure that all information, such as inventory status and item conditions - is accurate and up to date.

20.2.7.  Descriptions of the Offers and Products and/or Sellers advertised on the Platform are provided by the Sellers or other referenced third parties. instamart is not responsible for any claims associated with the description of the Products and/or Services. Pricing relating to certain Offers on the Platform may change at any time in instamart’s sole discretion without notice. So, it is advisable to go through the policies before making any purchase on our Platform.

20.2.8.  A Seller may advertise Products and/or Services that may require Seller to have an up-to-date regulatory authorization, license, or certification. instamart does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Seller.

20.2.9.  instamart is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, Products and/or Services that are advertised on the Platform.

20.2.10.                      instamart may, in its sole discretion, verify a user’s identity prior to processing a purchase. instamart may also refuse to process a purchase, may cancel a purchase, or may limit quantities, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate.

20.2.11.                      If an offer becomes unavailable between ordering and processing, instamart will either cancel or not process the order and will notify you by email. Refund will be processed by the same mode of payment as was used while ordering by the User.

20.2.12.                      instamart does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. instamart reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Platform. If this occurs, instamart will attempt to notify you by email. In addition, instamart reserves the right, in its sole discretion, to correct any error in the stated retail price of the Product and/or Service.

20.2.13.                      Some services for which Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities instamart takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the services for which the instamart Voucher can be redeemed.

20.2.14.                      The instamart website is a Platform which facilitates promotion of various Offers offered by Sellers, on their respective Products and/or Services by way of offering Vouchers.

20.3.        Vouchers

20.3.1.  Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the “Voucher Holder”) to receive the Offers from the Sellers of instamart, to be used on or before the use by date stated on the Voucher (the “Voucher Expiry Date”).

20.3.2.  The Offer shall mean the Products and/or Services to be provided by the Sellers to the Voucher Holder, as specified on instamart’s Platform and the Voucher.

20.3.3.  The Seller is a third party unrelated to instamart that sells, supplies and/or provides the Merchant Offering on instamart website or mobile application. instamart itself does not indulge in any selling activity of the Sellers. instamart displays the Offers on the Platform and acts as a collection agent for the Seller for Offers displayed on the Platform. Once a user makes a purchase of the Offer on Platform, instamart provides you with a Voucher which will enable you to avail the Offer.

20.3.4.  In order to purchase a Voucher, the User would be required to create an account on the instamart website or mobile application. This is required so that we can provide you with easy access to print or save your orders or view your past purchases.

20.3.5.  By making a purchase of Offer on the Platform, you get a Voucher which enables you to avail the Offer which you have selected based on instamart’s standard Terms of Use, institution-specific restrictions and on these Terms of Sale.

20.3.6.  When you go through the procedure for purchasing a Voucher, you are required to accept these Terms of Sale before making payment. Once instamart has received the amount due from the User for Offer (by debit card or credit card or net banking or other acceptable modes of payment) the transaction is considered complete, and a contract for purchase is made, at this stage, instamart will send an email to you confirming the transaction (which is our acceptance of the transaction).  We keep a copy of the contract with us.  You are welcome to save or print out these Terms of Use and Terms of Sale from our Platform.

20.3.7.  In case of a Voucher for Products and/or Services, once we issue you the Voucher, you may request for a cancellation of the Voucher at any time within 3 working days from the day after the day you received the Voucher (a working day is any day that is not a Friday, Saturday, or a bank holiday in Bangladesh). 

20.3.8.  If you want to cancel your Voucher, you must do so by sending an email at support@instamart.com.bd to inform instamart of your intention to cancel the Voucher. Alternatively, you can also write to us at customer support service (“Customer Support Service”), instamart Limited, Rupayan Millennium Square, Pragati Sarani, Uttar Badda, Gulshan, Dhaka-1212, or give us a call at our hotline number +8809638226699 regarding the cancellation. However, the cancellation request will be denied if the Voucher has already been redeemed.

20.3.9.  All instamart Vouchers shall be subject to the standard terms and conditions and specific terms & conditions, as mentioned on the Offer (“Specific Terms & Conditions”). instamart Vouchers are issued on behalf of the Sellers and only such Sellers, to the exclusion of instamart, shall be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a User, caused in whole or in part by the Sellers or which arises out of the Products and/or Services provided by the Sellers, as well as for any unclaimed property liability arising from unredeemed Vouchers.

20.3.10.    As a condition of purchase, we reserve the right to send you administrative and promotional emails.  We may also send you information regarding your purchases, as well as updates about the website or mobile application and Vouchers as well as other promotional offers. You can opt out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences or you may write in to us at Customer Support Service, instamart Limited, Rupayan Millennium Square, Pragati Sarani, Uttar Badda, Gulshan, Dhaka-1212, or give us a call at our hotline number +8809638226699 Please see our Policy for details. 

20.3.11.    Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use).

20.3.12.    You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow/encourage anyone else to do so.

20.3.13.                      Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at instamart’s discretion.

20.3.14.    The reproduction of a Voucher is prohibited.

20.3.15.    The commercial trade of a Voucher is prohibited.

20.4.        Cashback

20.4.1.        Whenever you shop at your favorite online stores through our Platform, you get the option of earning some of that money back which is called cashback (“Cashback”). This Cashback may be a percentage of the purchase amount or it may be a fixed amount on every purchase.

20.4.2.        We get commissions from the Sellers when you make any purchase of Offer through our Platform. We share a large part of it with you, so that you get a better overall deal.

20.4.3.        Typically it takes 8 to 12 weeks to receive the Cashback. We track your purchases within 24 hours but it takes time to dig up the reports and the Sellers wait for another 30 days before they pay us anything. This is to take care of cancellations and returns. We try our best to keep the process as fast as possible.

20.4.4.        You will be entitled to Cashback even you purchase using cash on delivery (‘COD”) method. However, different stores have their own Terms of Sale for giving Cashback. It is important to read Offer details and the Terms of Sale mentioned with every Offer.

20.4.5.        Our service allows you to earn Cashback on purchases from our partner Sellers. To qualify for Cashback, the Seller must confirm that the purchase is tracked, genuine and successful (not returned or cancelled). The Seller holds sole discretion in determining the validity of the Cashback transaction.

20.4.6.        We try our best to get your cashback from the Seller but Cashback is not guaranteed. If the Seller does not pay us any commission for the transaction, we cannot pay any Cashback for the same.

21.              PROMO CODE CONDITIONS

21.1.        instamart Promo code is a code which has a unique discount value. It generally counts discount on the total order amount of a single order.

21.2.        Some conditions while applying a Promo code:

21.2.1.  The Promo code must be a valid one.

21.2.2.  The Promo code is only applicable to purchase certain items specified by instamart.

21.2.3.  The Promo code is not applicable to purchase any other products rather than certain items specified by instamart.

21.2.4.  If a cart contains both certain items specified by instamart for promo code and other type of products rather than certain items specified by instamart for promo code, then Promo code will automatically count discount for the total amount of products only.

22.              VALUING, AVAILABILITY AND ORDER PROCESSING

22.1.        All expenses are recorded in Bangladeshi Taka (BDT) and VAT is spread out and recorded on site by the seller of the item. Items in your shopping cart will consistently showing the latest value displayed on the item's detail page.

22.2.        In case of Cash On Delivery (COD) mode, the customer has to pay the delivery fee at time of placing an order.

22.3.        We do not offer any merchant to adjust the price for any product on between our Platform and on different Platforms.

22.4.        After placing an order when the seller or instamart shipped the product, the customer cannot cancel the order.

22.5.        We are committed to provide our clients with the most accurate evaluation data on the site. The price and other information shown on the Platform during the order have been made will be count as valid product data. Though the price or other information of any product displayed on the Platform may differ from time to time due to the unavoidable circumstances (i.e. stock out, force majeure etc.) and instamart reserve the right to change any information or price data of any product. On this event, we will contact you to take necessary steps i.e. requesting cancel the order. If any user requesting cancel the order, upon the confirmation of the request, your prepayment shall be paid. In the event of an off-chance of such a return on your prepaid request, our method of discount will apply. The amount of the discount is usually determined and depends on any kind of markdown and exclusion of the distribution charge. As we process your request, you will be notified via email or SMS if any of the items you requested are not accessible. Provided that, there are situations and circumstances when a request cannot be maintained for a variety of reasons. In these circumstances, you will be contacted. instamart reserve the right to cancel an order anytime due to the unavoidable circumstance.

23.              SECURITY AND FRAUD

23.1.        When you use a voucher, you expressly warrant to instamart that the voucher is non-transferable and you are the only beneficiary of the voucher and that you are using it in compliance with good belief.

23.2.        If you recover, endeavor to reclaim or support the recovery of voucher to acquire limits which you are not entitled to, you might be committing a criminal offense.

23.3.        If we sensibly accept that any voucher is being used unlawfully or illegally, we may reject or drop any voucher/request and you concur that you will have no case against us in regard of any dismissal or crossing out of any voucher. instamart reserve the right to make any decision which seems suitable.

24.               MASS PURCHASING

We reserve all the right to your request for mass purchasing of any product for business or any other purposes. To ensure stock accessibility we apply the breaking points of some of our items so that our clients can purchase the items properly according to the situation.

25.              STOCK AVAILABILITY

Orders are subject to stock availability. If ay product is out of stock, the order of that product can be cancelled at any time without any notice.

26.              DELIVERY TIMELINE

26.1.        The delivery may take longer than usual timeline as delivery deadlines are subject to estimates only. Only working days will be calculated in Delivery timeline. Delivery may be delayed due to stock issues, political unrest, political events, national/public holidays etc.

26.2.        instamart is applying new delivery method called as Delivery on time (DOT). According to this DOT method, product will be delivered within minimum 7 to maximum 30 working days. Provided that, this DOT method is applicable for full payment order only.

26.3.        We will arrange for shipment of the products to you either via our own delivery team, courier, postal service or any other third party. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in the shipments. Sometimes, delivery may take longer due to bad weather, political disruptions and other unforeseen circumstances. Title and risk of loss and damages pass on to you upon the products delivery to you.

26.4.        If a user has placed an order before, the wallet money will not be able to place a new order until the order is delivered. That is, the new order cannot be paid through the wallet until the previous order is successfully delivered.

26.5.        In case of post office delivery customer have to carry all the postal charges.

27.              DELIVERY CHARGE(S)

27.1.        instamart will not bear any delivery charges for the order(s). Either users will pay the delivery charge or the seller will exempt the delivery charge. Provided that, if any delivery fails due to customer negligence or any other reason from the customer end, then the customer is bound to pay the return courier charge(s) as well as the re-delivery charge(s) also.

27.2.        instamart has gift card option where customer can buy gift balance from instamart Platform. After purchasing gift-card, it will be valid in between the given time period. After expiry of the time period the gift cards will not valid.  Gift card purchasing amount is not refundable.

28.              RETURNS POLICY

28.1.        If you received item as defective/damaged or delivered at the time of error/loss, please contact us within 03 working days after receiving such damaged, defective or delayed products. Your item may be eligible for a discount or any other option available depending on the item class and conditions.

28.2.        For clarification, few items are not qualified for return if the item is tagged as "No return for this product".

28.3.        For gadget related items, the customer will be entitled to the brand guarantee or warranty (if any, issued by relevant authority of that product).

28.4.        Please note that, you should keep and be able to provide proper documentations and proof at the time of your return/refund claim (i.e. unboxing video, receiving invoice, etc.).

28.5.        Change of mind is not acceptable.

28.6.        Refund/ replacement for products are subject to inspection and checking by instamart team.

28.7.        Damages due to neglect, improper usage or fault by customer will not be covered under our Returns Policy.

28.8.        All items to be returned or exchanged must be unused and in their original condition with all original tags and packaging intact and should not be broken or tampered with.

28.9.        Replacement is subject to availability of stock. If the product is out of stock, you will receive a full refund, no questions asked.

28.10.    Please note that the Cash on Delivery convenience charge and the shipping charge would not be included in the refund value of your order as these are non-refundable charges.

28.11.    If the item came with the free promotional items (including but not limited to gifts/ points/wallet money) the free item must also be returned/refunded.

29.              CANCELLATION

instamart reserves the inalienable right to cancel an order in full discretion prior to dispatch and is not limited to any reason which may include, but is not limited to, delivery of any product, out of stock, expired, defective, damaged and incorrect information or details arising out of technical or typographic errors or by any other reason.

30.              RESELL

Products reselling is strongly prohibited in instamart.  If we found that you resell the products after purchasing from our Platform, we have the full authority to block or suspend your account without any notice and all pending order and all credit point balances in that account shall be freeze.

31.              REFUND POLICY

31.1.        The refund will be processed after we have completed evaluating your return.

31.2.        Customer need to report through a refund and should mention his/her desired refund type (i.e. mobile banking/bank) along with details (mobile banking personal number, bank account details). Balance will try to initiate refund within customer’s payment method (card/mobile banking or bank deposit). Provided that, instamart retains the right and has the right to consider/reconsider refund via another flexible channel(s) to make the refund system faster or to make it easier for the customer. instamart will not give any compensation for late delivery. instamart will give refund only the amount which customer has paid and will not pay the credit point amount or discount price including the product.

31.3.        The refund process may take up to 30 business days or more, depending on the payment service gateway provider's terms. instamart retains the right and has the right to consider/reconsider refund via another flexible channel(s) to make the refund system faster or to make it easier for the customer.

31.4.        The customer will not be eligible for any extra credit point /bonus against his principal amount in case of refunds. instamart is not bound to pay any kind of service charge or cost for the refunded amount.

31.5.        Please note that the Cash on Delivery convenience charge and the shipping charge would not be included in the refund value of your order as these are non-refundable charges.

31.6.        If you have selected Cash on Delivery (COD), there is no amount to refund because you haven't paid for your order.

31.7.        If online payment is made once more due to technical error, payment refund will be made.

32.              PURCHASING POLICY

32.1.        instamart is an online platform where sellers and buyers can directly connect with one another. instamart promotes sellers products and offers in its Platforms and buyers are able to contact the sellers directly. instamart does not manufacture nor does it take any kind of responsibility for any product sold in its Platform. All the goods sold in the instamart Platform are sold by the sellers of instamart and responsibility is taken by the sellers as per their agreements with instamart.

32.2.        Unless it is stated in the product information that a certain product has guarantee or warranty, instamart does not provide any guarantee or warranty for products, though the guarantee or warranty service and/or products will be given and provided by seller only. instamart takes no responsibility or liability to provide service of warranty or guarantee.

32.3.        Customers are responsible for providing information regarding the sellers and are responsible for checking the originality of such products. Being an online platform for sellers, as a virtual shopping mall, instamart does not store any products and cannot check the originality of the products and cannot guarantee it unless it is from their strategic partners. Buyers are advised to directly consult with the seller for assuring the quality and originality of the products.

32.4.        If any customer get any difficulties or problems mentioned earlier in “Purchasing Policy” instamart will ensure the return of products within 3 business days after receiving the complaint from the customer. instamart always looks out for the best interest of its users.

32.5.        instamart is an online marketplace with thousands of registered sellers and operates as a virtual and futuristic shopping mall.

32.6.        If any product is a duplicate/replica the sellers shall mention clearly and properly that in their products. In failure to do so will result in penalization for that seller and the seller will be held liable for any complaints regarding replica products by the customer which results financial penalization to the dismissal of the store from instamart’s Platform.

32.7.        If the customer cancels his/her order, then he/she will get refunded with his/her paid amount and will be disqualified for any kind of offers or credit point associated with the particular order.

32.8.        The refund process will be operated according to the Refund Policy of this Terms of Use.

33.              INTELLECTUAL PROPERTY RIGHTS

33.1.        instamart grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Platform pursuant to this Agreement and to any additional terms and policies set forth by instamart. All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered, (hereinafter called the “Intellectual Property Rights”) in the Platform, (subject to the title & ownership rights as mentioned below) information content on the Platform, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.

33.2.        None of the material listed in the clause above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print / save one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Platform without our permission.

33.3.        “instamart”, the instamart logos and variations thereof found on the Platform are trademarks owned by instamart and all use of these marks inures to the benefit of instamart. All rights (including goodwill and, where relevant, trade marks) in instamart’s name are owned by us (or our licensors). Other product and company names mentioned on the Platform are the trademarks or registered trademarks of their respective owners.

33.4.        Title, ownership rights and Intellectual Property Rights in and to the content accessed using the Platform is the property of the applicable content owner or Seller and may be protected by applicable copyright or other laws of Bangladesh. The Agreement gives you no rights to such content.

33.5.        Subject to the Clause below, any material you transmit or post or submit to the Platform (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation or such legislation which provides for protection of electronic data under Bangladeshi laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

33.6.        All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Platform; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all Intellectual Property Rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

34.              DISCLAIMER OF WARRANTY

34.1.        WHILE IT IS instamart’S OBJECTIVE TO MAKE THE PLATFORM ACCESSIBLE AT ALL TIMES, THE PLATFORM MAY BE UNAVAILABLE FROM TIME TO TIME FOR ANY REASON INCLUDING, WITHOUT LIMITATION, ROUTINE MAINTENANCE. YOU UNDERSTAND AND ACKNOWLEDGE THAT DUE TO CIRCUMSTANCES BOTH WITHIN AND OUTSIDE OF THE CONTROL OF instamart, ACCESS TO THE PLATFORM MAY BE INTERRUPTED, SUSPENDED OR TERMINATED FROM TIME TO TIME.  instamart RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE THE ACCESS TO ANY OR ALL instamart WEBSITE(S) AND THE RELATED SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT NOTICE. instamart SHALL ALSO HAVE THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR MOBILE APPLICATION, INCLUDING, BUT NOT LIMITED TO, CONTENT, GRAPHICS, OFFERS, SETTINGS, HOURS OF AVAILABILITY AND EQUIPMENT NEEDED FOR ACCESS OR USE. FURTHER, instamart MAY DISCONTINUE DISSEMINATING ANY PORTION OF INFORMATION OR CATEGORY OF INFORMATION, MAY CHANGE OR ELIMINATE ANY TRANSMISSION METHOD AND MAY CHANGE TRANSMISSION SPEEDS OR OTHER SIGNAL CHARACTERISTICS.

34.2.        THE USER EXPRESSLY AGREES THAT USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. NEITHER instamart, ITS HOLDING OR SUBSIDIARIES, BUSINESS ASSOCIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS WARRANT THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE PLATFORM.

34.3.        THE PLATFORM IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

34.4.        WE DO NOT GIVE ANY WARRANTY THAT THE PLATFORM IS FREE FROM VIRUSES OR ANYTHING ELSE WHICH MAY HAVE A HARMFUL EFFECT ON ANY TECHNOLOGY.

34.5.        WE RESERVE THE RIGHT TO CHANGE, MODIFY SUBSTITUTE, SUSPEND OR REMOVE WITHOUT NOTICE ANY INFORMATION OR VOUCHER OR SERVICE FROM THE PLATFORM FORMING PART OF THE SERVICE FROM TIME TO TIME.  YOUR ACCESS TO THE PLATFORM MAY ALSO BE OCCASIONALLY RESTRICTED TO ALLOW FOR REPAIRS, MAINTENANCE OR THE INTRODUCTION OF NEW FACILITIES OR SERVICES.  WE WILL ATTEMPT TO RESTORE SUCH ACCESS AS SOON AS WE REASONABLY CAN.  WE ASSUME NO RESPONSIBILITY FOR FUNCTIONALITY WHICH IS DEPENDENT ON YOUR BROWSER OR OTHER THIRD PARTY SOFTWARE TO OPERATE.  FOR THE AVOIDANCE OF DOUBT, WE MAY ALSO WITHDRAW ANY INFORMATION OR VOUCHER FROM THE PLATFORM AT ANY TIME.

34.6.        WE RESERVE THE RIGHT TO BLOCK ACCESS TO AND / OR TO EDIT OR REMOVE ANY MATERIAL WHICH IN OUR REASONABLE OPINION MAY GIVE RISE TO A BREACH OF THIS AGREEMENT.

34.7.        THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USER SPECIFICALLY ACKNOWLEDGES THAT instamart IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

34.8.        IN NO EVENT SHALL instamart, OR ANY BUSINESS ASSOCIATES, THIRD PARTY CONTENT PROVIDERS, THIRD PARTY ADVERTISERS OR THIRD PARTY SERVICE PROVIDERS, PRODUCING OR DISTRIBUTING THE PLATFORM AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR MOBILE APPLICATION. THE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS CLAUSE SHALL APPLY TO ALL CONTENT ON THE WEBSITE AND MOBILE APPLICATION.

34.9.        IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER instamart, NOR ITS SUBSIDIARIES AND BUSINESS ASSOCIATES, THIRD PARTY SERVICE PROVIDERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE PLATFORM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

34.10.    WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL OFFER PRICE PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

34.11.    instamart SHALL BE UNDER NO LIABILITY WHATSOEVER IN RESPECT OF ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY OUT OF THE DECLINE OF AUTHORIZATION FOR ANY TRANSACTION, ON ACCOUNT OF THE CARDHOLDER HAVING EXCEEDED THE PRESET LIMIT MUTUALLY AGREED BY US WITH OUR ACQUIRING BANK FROM TIME TO TIME.

35.              MONITORING

instamart shall have the right, but not the obligation, to monitor the content of the Platform at all times, including any chat rooms and forums that may hereinafter be included as part of the Platform, to determine compliance with this Agreement and any operating rules established by instamart, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, instamart shall have the right to remove any material that instamart, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

36.              PRIVACY

The User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read the User’s communications without the User’s knowledge. instamart does not control or endorse the content, messages or information found in any Communities, and, therefore, instamart specifically disclaims any liability concerning the Communities and any actions resulting from the User’s participation in any Communities, including any objectionable content. Generally, any communication which the User posts on the Platform (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by instamart as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website or mobile application, User grants instamart the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see instamart’s Privacy Policy.

37.              LICENSE GRANT

By posting communications on or through the Platform, the User shall be deemed to have granted to instamart, a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.

38.              INDEMNITY

The User agrees to defend, indemnify and hold harmless instamart, its parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees from and against all claims and expenses, including attorneys’ fees, arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, confidentiality obligations, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

39.              TERMINATION

39.1.        instamart may terminate this Agreement at any time. Without limiting the foregoing, instamart shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which instamart, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, License Grant, Indemnity and Termination above will survive expiry or termination of this Agreement.

39.2.        Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

40.              THIRD PARTY CONTENT

40.1.        instamart is the provider of the Platform only and not a publisher of content supplied by third parties and Users. Accordingly, instamart does not have editorial control over such content. Any opinions, advice, statements, services, Offers, or other information or content expressed or made available by third parties, including third party content providers, or any other Users are those of the respective author(s) or distributors and not of instamart.

40.2.        Neither instamart nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to the Clause for ‘Disclaimer of Warranty’ above for the complete provisions governing limitation of liabilities and disclaimers of warranty).

40.3.        In many instances, the content available through the Platform represents the opinions and judgments of the respective information provider, User, or other users not under contract with instamart. instamart neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Platform by anyone other than authorized instamart employee / spokespersons while acting in official capacities.

40.4.        Under no circumstances will instamart be liable for any loss or damage caused by User’s reliance on information obtained through the Platform. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Platform.

40.5.        The Platform contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by instamart of the contents on such third-party websites and instamart hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk.

40.6.        Unless you have executed a written agreement with instamart expressly permitting you to do so, you may not provide a hyperlink to the website from any other website. instamart reserves the right to revoke its consent to any link at any time in its sole discretion.

41.              ADVERTISEMENT

41.1.        instamart may place advertisements in different locations on the Platform and at different points during use of the Platform. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).

41.2.        You are free to select or click on advertised goods and services or not as you see fit.

41.3.        Any advertisements may be delivered on our behalf by a third party advertiser.

41.4.        No SPDI will be used during the course of serving our advertising, but, on our behalf, our third party advertiser or affiliate may place or recognize a unique "cookie" on your browser (see our Privacy Policy about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any company.

42.              FORCE MAJEURE

Without prejudice to any other provision herein, instamart shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond instamart’s control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of instamart’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.

43.              ENTIRE AGREEMENT

This Agreement, our Terms of Use and our Policy (including our cookie policy) constitutes the entire agreement of the parties with respect to the subject matter hereof. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.

44.              WAIVER

No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

45.              HEADING

The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Policy or Agreement.

46.              SEVERABILITY

If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

47.              GOVERNING LAW

This Agreement and each Offer shall be governed by and constructed in accordance with the laws of Bangladesh without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Dhaka, Bangladesh.

48.              RELATIONSHIP

None of the provisions of this Agreement, terms and conditions, notices or the right to use the Platform by the User contained herein or any other section or pages of the Platform and/or the linked sites, shall be deemed to constitute a partnership between the User and instamart and/or between the Seller or instamart and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Platform, the User authorizes instamart and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed instamart and its agents as his/her agent for this purpose.

49.              APPLICABILITY

All provisions of this Agreement apply equally to and are for the benefit of instamart, its subsidiaries, any holding companies of instamart, its (for their) affiliated and it (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).         

50.              PRODUCTS/SERVICES TAKE DOWN POLICY

50.1.        We want to list the Products and/or Services of genuine Sellers on our Platform in order to ensure that infringing Products and/or Service are removed from the Platform, as they affect your and genuine Seller’s valuable trust.

50.2.        We do not and cannot verify if the Sellers have the right or ability to sell or distribute their listed Products and/or Services. However, we are committed to removing any infringing or unlicensed Product and/or Service once an authorized representative of the rights owner properly reports them to us. We sincerely want to ensure that item listings do not infringe upon the copyright, trademark or other Intellectual Property Rights of third parties. We have the ability to identify and request removal of allegedly infringing Products and/or Services. Any person or company who holds Intellectual Property Rights (such as a copyright, trademark or patent) which may be infringed upon by Products and/or Services listed on the Platform is encouraged to report the same to the grievance officer of instamart (“Grievance Officer”).

51.              CONTACT US

If you have any questions regarding our Policy or our Terms of Use, you may contact us at the details mentioned below: