TERMS & CONDITIONS FOR USE OF PRIME STORE
Welcome to PRIME!
1. USE OF PRIME STORE
You agree and acknowledge that Prime Store is an online platform that enables you to purchase the products listed on our website at the indicated price at any time from the serviceable locations . Except where we are the seller of the relevant product on Prime Store, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on Prime Store. Accordingly, such contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Prime Store.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access Prime Store. If you are a minor i.e. under the age of 18 years, you may use Prime Store only with the involvement of a parent or guardian.
3. REGISTRATION AND OPERATION OF YOUR ACCOUNT
3.1. In order to use Prime Store and avail the Services, you will have to register on Prime Store. Registration is a one-time process and is free of cost. You may register in one of the following ways:
3.1.1. By creating a Prime Store account: You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your Prime Store account at any time.
3.1.2. By using a third-party account: You may use the login credentials from any third-party accounts maintained by you, (for example, Google or Facebook). If you use such third party account, you will also be subject to specific terms and conditions applicable to such account, as may be imposed by the relevant third-party.
Your credentials shared by you at the time of registration and your Prime Store login ID and password are referred to as “ Account Information”.
3.2. You are solely authoried to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorised access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the ‘Your Account’ area of the website.
4. COMMUNICATION AND SUBSCRIPTION
4.1. You understand that once you have shared your Account Information and successfully registered on Prime Store, you may receive SMS or email notifications from Prime relating to your registration and transactions on Prime Store.
4.2. You may also receive such notifications regarding any marketing / promotional activities that maybe available on Prime Store from time to time. By sharing your Account Information and registering on Prime Store and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorised representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
4.3. Prime may also send notifications and reminders with respect to the Services on Prime Store. While Prime endeavours to provide these notifications and reminders to you promptly, Prime does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
4.4. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from Prime at any time by following the instructions set out in such communications.
5. LICENSE AND ACCESS TO PLATFORM
5.1. Your use of Prime Store, the Services, and access to the Prime Store Content ( as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on Prime Store. You will use Prime Store solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with Return and Refund Policy for your personal use only and not for business purposes.
5.3. You grant to Prime a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on Prime Store without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on Prime Store. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Prime, including the execution of deeds and documents, at its request.
Please note that Prime at all times reserves the right to refuse your access to Prime Store, terminate/deactivate your account, remove or edit content on Prime Store, at its discretion.
6. PERSONAL INFORMATION PRIVACY
6.1. During the course of your registration on and usage of Prime Store or availing the Services, Prime may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.
7. CONTENT ON PLATFORM
7.1. All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on Prime Store or any of the other Services are the property of Prime or its affiliates (“Prime Store Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to Prime Store whether or not displayed on Prime Store, are proprietary to Prime.
7.2. Prime may display on Prime Store any third-party logos, trade names, trademarks of other brands, as per the license granted to Prime by such brands.
8.1. Prime will try to make access to and use of Prime Store error-free and without interruptions. However, your access to Prime Store may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on Prime Store. Prime does not take responsibility for any access or usage problems that arise from internet related issues at your end.
8.2. All information in relation to third parties, including sellers and the products listed by them on Prime Store (“ Third Party Information”) are provided only for reference. Prime, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
8.4. To help you in identifying the products of your choice, description of the products are provided on Prime Store by the relevant seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/colour of the products when delivered may differ for various reasons.
8.5. The Services included on Prime Store are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. Prime does not covenant or provide any representations and warranties:
8.5.1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on Prime Store;
8.5.2. that the Services will be made available at all times;
8.5.3. that the operation of Prime Store, including the functions contained in any content, information and materials on Prime Store or any third-party sites or services linked to Prime Store will be uninterrupted, or that the defects will be rectified, or that Prime Store or the servers that make such content, information and materials available are free of viruses or other harmful components; and
8.5.4. that the Prime Store Content available on Prime Store is complete, true, accurate or non-misleading.
8.6. Parties other than Prime and its affiliates may operate stores, provide services, or list or sell product lines on Prime Store. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. Prime does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on Prime Store is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.
8.7. To the extent permitted by applicable law, Prime disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on Prime Store.
8.8. Prime is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.
9. USER WARRANTIES AND RESTRICTIONS
9.1. You represent and warrant that: (a) your use of Prime Store and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to Prime in connection with Prime Store and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Prime Store policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, Prime will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify Prime and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
9.3. The use of the Platform by you is restricted to personal use only, and you will not use any portion of Prime Store (including the contents on the Platform) or Services for any resale or commercial purpose.
9.4. You will not do any of the following:
9.4.1. Delete or modify any content on Prime Store, such as any information regarding the Services, their performance, sales or pricing;
9.4.2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Prime Store;
9.4.3. Make false or malicious statements against the Services, Prime Store or Prime;
9.4.4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Prime Store and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Prime Store and/or the Services;
9.4.5. Introduce any trojans, viruses, any other malicious software, any bots or scrape Prime Store for any information;
9.4.6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
9.4.7. Hack into or introduce malicious software of any kind onto Prime Store;
9.4.8. Gain unauthorised access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
9.4.9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “grieving” as those terms are commonly understood and used on the internet.
9.5. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Prime Store, any information that:
9.5.1. belongs to another person and to which You do not have any right;
9.5.2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
9.5.3. harms minors in any way;
9.5.4. infringes any patent, trademark, copyright or other proprietary rights;
9.5.5. violates any law for the time being in force;
9.5.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9.5.7. impersonates or defames another person; or
9.5.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY
10.2. To the fullest extent permitted by law, in no event shall Prime or any of its directors, officers, employees, agents or content or service providers (collectively, the “Prime Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, Prime Store or the content, materials and functions related thereto, the Services, provision of information via Prime Store, lost business, even if such Prime Representatives have been advised of the possibility of such damages.
10.3. In no event shall Prime Representatives be liable for:
10.3.1. the use or inability to use Prime Store and/or the Services;
10.3.2. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through Prime Store;
10.3.3. any unauthorised access to or alteration of your transmissions of sensitive personal information or other user data; or
10.3.4. any other matter relating to Prime Store or the Services.
10.4. Prime is neither liable nor responsible for any actions or inactions of the other users of Prime Store or any breach of conditions, representations or warranties by them. Prime is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of Prime Store.
10.5. None of the directors, officials or employees of Prime shall be personally liable for any action in connection with Prime Store or the Services.
11. ACCESS OUTSIDE THE REPUBLIC OF INDIA
12. TERM AND TERMINATION
13. FORCE MAJEURE
13.1. Prime will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Prime’s reasonable control.
16. GRIEVANCE REDRESSAL
MR. ASHISH PARMAR
17.GOVERNING LAW AND DISPUTERESOLUTION
20. NODAL OFFICER