Welcome to Homemart
Shop Terms and Conditions of Use
We, Homemart Shop, firm having its registered address at “Moreshwar Complex, Sector – 18, Kamothe, Panvel, Navi Mumbai, Raigad, Maharashtra-
410209” represented by its Proprietor, hereinafter referred to as the “Firm” (where such expression shall,
unless repugnant to the context thereof, be deemed to include its respective
legal heirs, representatives, administrators, permitted successors and assigns)
are operating this Website on the Brand Name “Homemart Shops”.
This
legal agreement is an electronic record in terms of Indian Information
Technology Act, 2000 and rules there under as applicable and the amended
provisions about electronic records in various statutes as amended by the
Indian Information Technology Act, 2000. This electronic record is generated by
a computer system and does not require any physical or digital signatures.
This legal
document is published in accordance with the provisions of Rule 3 (1) of the
Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule
4 of the Information Technology (Reasonable security practices and procedures
and sensitive personal data or information) Rules, 2011 of Information
Technology Act, 2000 amended through Information Technology Amendment Act, 2008
that require publishing the Terms of Services and practices for access or usage
of www.homemartshops.com
(“website/platform”)
The creator of this Privacy Policy ensures a steady
commitment to Your privacy with regard to the protection of your invaluable
information that you may share across on this platform. This privacy policy
contains information about the Website “www.homemartshops.com” (hereinafter
referred to as the “Platform”).
To provide You with
Our uninterrupted use of the Application, We may collect and, in some
circumstances, disclose information about you with your permission. To ensure
better protection of Your privacy, We provide this notice explaining Our
information collection and disclosure policies, and the choices You make about
the way Your information is collected and used.
This Privacy Policy shall be in compliance with the
General Data Protection Regulation (GDPR) in effect from May 25, 2018, and any
and all provisions that may read to the contrary shall be deemed to be void and
unenforceable as of that date. If you do not agree with the terms and
conditions of our Privacy Policy, including in relation to the manner of
collection or use of your information, please do not use or access the Site. If
you have any questions or concerns regarding this Privacy Policy, you should
contact our Customer Support Desk at homemartshops@gmail.com.
ANY CAPITALIZED WORDS
USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT.
FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE
VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE
CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS
CONTAINED WITHIN IT IN ANY MANNER.
1.
DEFINITIONS
a. “We”, “Our”,
and “Us” shall mean and refer to the Platform and/or the Firm, as the context so requires.
b.
“You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals who shall be Users
of this Platform and may be either a Customer or a Vendor listed on the
platform and who is competent to enter into binding contracts, as per Indian
laws.
c. “Services” shall refer to the Platform
which is an e-commerce marketplace operated under the domain name “Homemart
Shops”. Services shall refer to
providing an e-commerce only platform for the sale of various products, goods and commodities that are listed by the
Vendors of the Platform. The detailed explanation shall be provided in Terms of Use.
d.
“Third Parties” refer to any Application, Firm or individual apart from the Users and the creator of this platform.
e.
“Platform” refers to the Website created by the Firm which provides the User to
avail services of the Vendors of the Firm.
f. “Personal
Information” shall mean and refer
to any personally identifiable information that we may collect from you. For removal of any doubts, please refer to the
below Policy.
2. INFORMATION WE COLLECT
We are committed to
respecting Your online privacy. We further recognize Your need for appropriate
protection and management of any Personal Information You share with us. We may
collect the following information:
a.
Personal data of the
Customer or the Vendor as follows but not limited to it,
For
Customers:
ii.
Date of Birth
iii.
Mobile Number
iv.
Email ID
v.
Delivery Address
vi.
Link to Mobile Wallets
For
Vendor:
i.
Name of the Firm/Vendor
ii.
GSTIN
iii.
Bank Account Details
iv.
Products to be listed details
b. Tracking Information
such as, but not limited to the IP address of your device and Device ID when
connected to the Internet. This information may include the URL that you just
came from (whether this URL is on the Platform or not), which URL you next go to
(whether this URL is on the Platform or not), your computer or device browser
information, and other information associated with your interaction with the
Platform;
c.
Details of Platform usage for analytics.
This privacy policy
also applies to data we collect from users who are not registered as members of
this Platform, including, but not limited to, browsing behaviour, pages viewed
etc. We also collect and store personal information provided by You from time
to time on the Platform. We only collect and use such information from you that
we consider necessary for achieving a seamless, efficient and safe experience,
customized to your needs including:
a.
To enable the
provision of services opted for by you;
b.
To enable the viewing
of content in your interest;
c.
To communicate the necessary
account and service related information from time to time;
d.
To allow you to
receive quality customer care services and data Collection;
e.
To comply with
applicable laws, rules and regulations;
Where any services
requested by You involves a third party, such information as is reasonably
necessary by the Firm to carry out Your service request may be shared with such
third party. We also do use your
contact information to send you offers based on your interests and prior
activity and also to view the content preferred by you. The Firm may also use
contact information internally to direct its efforts for service improvement
but shall immediately delete all such information upon withdrawal of your
consent for the same through the ‘unsubscribe’ button or through an
email to be sent to homemartshops@gmail.com.
To the extent
possible, we provide You with the option of not divulging any specific
information that you wish for us not to collect, store or use. You may also
choose not to use a particular service or feature on the Platform and opt-out
of any non-essential communications from the platform.
Further, transacting
over the internet has inherent risks which can only be avoided by you following
security practices yourself, such as not revealing account/login related
information to any other person and informing our customer care team about any
suspicious activity or where your account has/may have been compromised.
3. OUR USE OF YOUR
INFORMATION
The information
provided by you shall be used to provide and improve the service for you and
all users.
a.
To provide you with
services on your request.
b.
For maintaining an internal
record.
c.
For enhancing the
Services provided.
For more details
about the nature of such communications, please refer to our Terms of Service.
Further, your data and Sensitive Personal data may be collected and stored by
Us for internal record.
We use Your tracking information
such as IP addresses, and or Device ID to help identify you and to gather broad
demographic information and
make further services available to you.
We will not sell,
license or trade Your personal information. We will not share your personal
information with others unless they are acting under our instructions or we are
required to do so by law.
Information collected
via Our server logs includes users' IP addresses and the pages visited; this
will be used to manage the web system and troubleshoot problems. We also use
third-party analytics, tracking, optimization and targeting tools to understand
how users engage with our Platform so that we can improve it and cater
personalized content/ads according to their preferences.
4. HOW INFORMATION IS
COLLECTED
Before or at the time
of collecting personal information, we will identify the purposes for which
information is being collected. If the same is not identified to you, you have
the right to request the Firm to elucidate the purpose of collection of said
personal information, pending the fulfilment of which you shall not be mandated to disclose any
information whatsoever.
We will collect and
use your personal information solely to fulfil those purposes specified by us,
within the scope of the consent of the individual concerned or as required by
law. We will only retain personal information as long as necessary for the fulfilment of those purposes.
We will collect personal information by lawful and fair means and with the
knowledge and consent of the individual concerned.
Personal data should
be relevant to the purposes for which it is to be used, and, to the extent
necessary for those purposes, should be accurate, complete, and up-to-date.
5. EXTERNAL LINKS ON THE
PLATFORM
The Platform may
include advertisements, hyperlinks to other Websites or resources. We have no
control over any other website or resources or contents available on these
other websites, which are provided by companies or persons other than Us. You
acknowledge and agree that we are not responsible for the availability of any
such external sites or resources, and do not endorse any advertising, services/services
or other materials on or available from such platform or resources. You
acknowledge and agree that We are not liable for any loss or damage which may
be incurred by you as a result of the availability of those external sites or
resources, or as a result of any reliance placed by you on the completeness,
accuracy or existence of any advertising, services or other materials on, or
available from, such Websites. These external third party websites and resource
providers may have their privacy policies governing the collection, storage,
retention and disclosure of Your Personal Information that You may be subject
to. We recommend that you enter the Website and review their privacy policy.
6. COOKIES
We
use data collection devices such as “cookies” on certain pages of
our Platform. “Cookies” are small files sited on your hard drive
that assist us in providing customized services. We also offer certain features
that are only available through the use of a “cookie”. Cookies
can also help us provide information which is targeted to your interests.
Cookies may be used to identify logged in or registered users. Our Platform
uses session cookies to ensure that you have a good experience. These cookies
contain a unique number, your 'session ID', which allows our server to
recognize your computer and 'remember' what you've done on the site. The
benefits of this are:
a. You
only need to log in once if you're navigating secure areas of the site
b. Our
server can distinguish between your computer and other users, so you can see
the information that you have requested.
You can choose to accept or
decline cookies by modifying your browser settings if you prefer. This may
prevent you from taking full advantage of the Platform. We also use various
third-party cookies for usage, behavioural, analytics and preferences data. The
following are the different types of cookies used on the Platform:
a. Authentication cookies:
To identify the user and share the content that he or she requested.
b.
Functionality
cookies: For the customized user experience and resuming past
course progress.
c. Tracking, optimization, and targeting cookies:
To capture usage metric on the device, operating system, browser, etc. To
capture behavioural metrics for better content delivery. To cater and suggest
most suited services.
7.
GOOGLE ADSENSE
Google AdSense is a tool that allows website
publishers to deliver advertisements to site visitors in exchange for revenue
calculated on a per-click or per-impression basis. To do this, Google uses
cookies and tracking technology to deliver ads personalized to a website
user/visitor. In this regard the following terms are specified to the Users:
a. Third-party vendors, including Google, use
cookies to serve ads based on your prior visits to our website or other
websites.
b. Google's use of advertising cookies enables us
and our partners to serve advertisements to you based on their visit to our
Platform and/or other websites on the Internet.
c. You may opt-out of personalized
advertising by visiting Ads Settings.
d. All advertisements of third parties on our
Platform are for informative purposes only and neither the Platform nor the Firm
guarantees or bears liability for the authenticity of the advertisements.
e. At no point will the Firm permit its
Competitors to advertise on the Platform
f. You may visit the links in the
advertisements at your own risk or choose to not accept the cookies permitting
third parties to display their advertisements.
8.
YOUR RIGHTS
Unless subject to an
exemption, you have the following rights concerning your data:
a.
The right to request
a copy of your data which we hold about you;
b.
The right to request
for any correction to any personal data if it is found to be inaccurate or out
of date;
c.
The right to withdraw
Your consent to the processing at any time;
d.
The right to object
to the processing of personal data;
e.
The right to complain
about a supervisory authority.
f.
The right to obtain
information as to whether personal data are transferred to a third country or
an international organization.
Where you hold an account with any of our services,
you are entitled to a copy of all personal data which we hold concerning you.
You are also entitled to request that we restrict how we use your data in your
account when you log in.
9. CONFIDENTIALITY
You further
acknowledge that the Platform may contain information which is designated
confidential by us and that you shall not disclose such information without our
prior written consent. Your information is regarded as confidential and
therefore will not be divulged to any third party, unless if legally required
to do so to the appropriate authorities. We will not sell, share, or rent your
personal information to any third party or use your e-mail address for
unsolicited mail. Any emails sent by us will only be in connection with the
provision of agreed services, and you retain sole discretion to seek for
discontinuation of such communications at any point of time.
10. OTHER INFORMATION
COLLECTORS
Except as otherwise
expressly included in this Privacy Policy, this document only addresses the use
and disclosure of information we collect from you. To the extent that you
disclose your information to other parties, whether they are on our Platform or
other sites throughout the Internet, different rules may apply to their use or
disclosure of the information you disclose to them. To the extent that we use
third party advertisers, they adhere to their privacy policies. Since we do not
control the privacy policies of the third parties, you are subject to ask questions
before you disclose your personal information to others.
11. OUR DISCLOSURE OF
YOUR INFORMATION
We may host surveys
for survey creators for our platform who are the owners and users of your
survey responses. We do not own or sell your responses. Anything you expressly
disclose in your responses will be disclosed to survey creators. Please contact
the survey creator directly to better understand how they might share your
survey responses.
Information collected will not be considered
as sensitive if it is freely available and accessible in the public domain or
is furnished under the Right to Information Act, 2005, any rules made
thereunder or any other law for the time being in force.
Due to the existing
regulatory environment, we cannot ensure that all of your private
communications and other personally identifiable information will never be
disclosed in ways not otherwise described in this Privacy Policy. By way of
example (without limiting and foregoing), we may be forced to disclose
information to the government, law enforcement agencies or third parties.
Therefore, although we use industry-standard practices to protect your privacy,
we do not promise, and you should not expect, that your personally identifiable
information or private communications would always remain private. We do
however assure you that any disclosure of your personally identifiable
information shall be personally intimated to you through an email sent to your
provided email address.
As a matter of
policy, we do not sell or rent any personally identifiable information about
you to any third party. However, the following describes some of the ways that
your personally identifiable information may be disclosed:
a.
External Service
Providers: There may be several services offered by external service providers
that help you use our Platform. If you choose to use these optional services,
and in the course of doing so, disclose information to the external service
providers, and/or permit them to collect information about you, then their use
of your information is governed by their privacy policy.
b.
Law and Order: We
cooperate with law enforcement inquiries, as well as other third parties to
enforce laws, such as intellectual property rights, fraud and other rights. We
can (and you authorize us to) disclose any information about you to law
enforcement and other government officials as we, in our sole discretion,
believe necessary or appropriate, in connection with an investigation of fraud,
intellectual property infringements, or other activity that is illegal or may
expose us or you to legal liability.
12. ACCESSING, REVIEWING AND CHANGING YOUR PROFILE
Following
registration, you can review and change the information you submitted at the
stage of registration, except Email ID and mobile number. An option for
facilitating such change shall be present on the Platform and such change shall
be facilitated by the User. If you change any information, we may or may not
keep track of your old information. We will not retain in our files information
you have requested to remove for certain circumstances, such as to resolve
disputes, troubleshoot problems and enforce our terms and conditions. Such
prior information shall be completely removed from our databases, including
stored ‘back up’ systems. If you believe that any information, we are holding
on you is incorrect or incomplete, or to remove your profile so that others
cannot view it, the User needs to remediate, and promptly correct any such
incorrect information.
13. CONTROL OF YOUR PASSWORD
You are entirely
responsible for maintaining the confidentiality of your password. You must
protect it against unauthorized access of your account and information by
choosing your password carefully and keeping your password and computer secure
by signing out after using our services.
You agree not to use
the account, username, email address or password of another Member at any time
or to disclose your password to any third party. You are responsible for all
actions taken with your login information and password, including fees. If you
lose control of your password, you may lose substantial control over your
personally identifiable information and may be subject to legally binding
actions taken on your behalf. Therefore, if your password has been compromised
for any reason, you should immediately change your password. You agree to
notify us immediately if you suspect any consistent unauthorized use of your
account or access to your password even after changing it.
14. SECURITY
We treat data as an
asset that must be protected against loss and unauthorized access. We employ
many different security techniques to protect such data from unauthorized
access by members inside and outside the Firm. We follow generally accepted
industry standards to protect the Personal Information submitted to us and
information that we have accessed.
However, as effective
as encryption technology is, no security system is impenetrable. Our Firm cannot guarantee the security of
our database, nor can we guarantee that information you provide won’t be
intercepted while being transmitted to the Firm over the Internet.
15. SEVERABILITY
Each paragraph of
this Privacy Policy shall be and remain separate from and independent of and
severable from all and any other paragraphs herein except where otherwise
expressly indicated or indicated by the context of the agreement. The decision
or declaration that one or more of the paragraphs are null and void shall not
affect the remaining paragraphs of this privacy policy.
16. AMENDMENT
Our Privacy Policy
may change from time to time. The most current version of the policy will
govern our use of your information and will always be at the Platform. Any
amendments to this Policy shall be deemed as accepted by the User on their
continued use of the Platform.
17. AUTOMATED DECISION MAKING
As a responsible firm,
we do not use automatic decision-making or profiling.
18. CONSENT WITHDRAWAL,
DATA DOWNLOAD & DATA REMOVAL REQUESTS
To withdraw your
consent, or to request the download or delete your data with us for any or all
our services at any time, please email to homemartshops@gmail.com
19. CONTACT US
If you have any
questions or concerns regarding this privacy policy, you should contact us by
sending an e-mail to please email to homemartshops@gmail.com.
Information provided on the Website may not
be 100% accurate and may be provided for promotional purposes of the business.