Kindly review these TERMS AND CONDITIONS OF USE AGREEMENT (“Agreement”) thoroughly. BY ACCESSING OR USING THE SERVICES ON THE PLATFORM, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM ACCESSING OR USING THE PLATFORM.

This document constitutes an electronic record as defined under the Information Technology Act, 2000, and the relevant rules and amendments concerning electronic records across various statutes as updated by the Act. It is generated by a computer system and does not require a physical or digital signature.

This document sets forth the terms and conditions (“Terms”) governing the use of services and related information provided through the website www.pickmydeal.in (“Website”) and/or any mobile applications made available from time to time (“Applications”). For the purposes of these Terms, the Website and Applications shall be collectively referred to as the “Platform”.

PickMyDeal operates as an intermediary platform that enables buyers to submit their product requirements, while sellers participate by offering their best prices for the requested products. Upon finalization of the offered price, the buyer is required to make payment to PickMyDeal as a token of acceptance of the quoted price.

Any references to the Platform, Application, or App in these Terms shall be interpreted to include the Website or Application of PickMyDeal, as applicable in the given context.

This Agreement, between you ("User") and pickmydeal, sets forth the general terms and conditions governing your use of the services offered on the Platform. It is essential that you review these terms thoroughly, as they outline your rights and obligations as a subscriber. We are committed to safeguarding the privacy and security of your personal data, utilizing cutting-edge security measures to ensure its protection. Please note that these terms and conditions may be revised or updated by us from time to time. By continuing to access or use the Platform, you consent to be bound by any such revisions. If you disagree with any part of these terms, you must refrain from using or accessing the Platform.

BY ACCESSING OR USING THE PLATFORM, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS WELL AS ANY ADDITIONAL TERMS THAT MAY BE APPLICABLE.

About us

The Platform is owned and operated by Thirdworld Innomart Private Limited. For any inquiries or complaints regarding this Platform or any of our products or services, please reach out to us at support@pickmydeal.in. You may also contact us at +91-22-44507815 during normal business hours.

Privacy

We value your privacy and the privacy of any individuals whose information you provide. For more details on the information, we collect and how we use and safeguard it, please refer to our privacy policy and cookie policy.

You are responsible for securing your device(s) and preventing unauthorized use by others.

By using this Platform, you affirm that the information you provide is accurate and complete. You agree to update your details promptly if there are any changes. All information provided will be securely stored and processed in accordance with our privacy policy and applicable laws.

Pickmydeal may use caching to store non-sensitive data for technical administration, research, development, and user management purposes. To improve your experience, Pickmydeal may permit authorized third parties to display advertisements for their products or services. Clicking on these advertisements may redirect you to the third party’s platform. Pickmydeal is not responsible for the actions of these third parties.

Pickmydeal may also send you SMS and email notifications regarding offers and newsletters. You can opt out of these communications by emailing us at support@pickmydeal.in. Unless you opt out, you consent to receiving such SMS and email updates/offers. For customer grievances, you may contact us at +91-22-44507815 or via email at the designated contact for the customer grievance officer.

All the content on pickmydeal.in is duly protected by copyright laws. Please do not copy or republish without express written consent.

pickmydeal.in is an online platform encompassing a website, mobile app, native app, webpage, and related applications. It is accessible through various devices such as desktops, laptops, mobiles, tablets, or other similar or functionally equivalent devices, enabling buyers and sellers to interact for the procurement and sale of goods and commodities.

Definitions

• • "Application" refers to the mobile application provided by Pickmydeal.
• • "Marketplace" refers to Pickmydeal and the platform provided by Pickmydeal for the purpose of trade.
• • "Platform" refers to the Pickmydeal Application and/or the Pickmydeal Website. The term "Platform" may be used to refer to either the Application or the Website, or both, and may also be used interchangeably with "Marketplace."
• • "Services" refers to the platform provided where you can access various trade-related functionalities.
• • "User/You/Customer" refers to an individual accessing or using the Platform.
• • "Vendor" refers to a seller or trader authorized to list products on the Platform.
• • "We" refers to the Website, Application, and Pickmydeal.
• • "Website" refers to the website located at www.pickmydeal.in

Pickmydeal Marketplace is a platform developed and designed in India, which, at its sole discretion, allows Merchants to select Products and participate in quoting the price for the products to be traded in. The Pickmydeal Marketplace includes the PICKMYDEAL Application (referred to as the "App") and the website www.pickmydeal.in (referred to as the "Website").

Accessing the Platform It is your responsibility to ensure that you have made all necessary arrangements to access the Platform. We shall not be liable for any telephone bills, internet charges, or any other costs you incur while accessing the Platform.

You are also responsible for ensuring that all individuals who access the Platform through your internet connection are aware of these Terms and any other applicable policies, and that they agree to comply with them.

By using the Platform, you represent and warrant that:

• • You are at least 18 years old;
• • You have the lawful authority and capacity to enter into a contract and be bound by these Terms;
• • If you are accepting these Terms on behalf of a company, limited liability partnership, or other legal entity, you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to the entity; and
• • You will comply with all applicable laws and regulations

Platform for Transaction and Communication The Website and the App are platforms for Vendors and Customers to engage solely in the lawful trade of products. PICKMYDEAL functions exclusively as an intermediary between the Vendor and the Customer. The goal of the Platform is to promote healthy competition and ensure that products are traded at the most competitive prices.

Methods of Electronic Communication By accessing our Platform or sending and receiving emails related to our products or services, you are engaging in electronic communication. Through this, you consent to receive communications from us electronically. We may post notices on our Platform or communicate with you directly via email or other digital means. You acknowledge that all notices and other communications provided by us electronically meet any legal requirements and are considered valid written communications.

Registering

By registering, you confirm that you are at least 18 years of age, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract. Your account is for personal use only and may not be used by others. You are responsible for ensuring that all information provided during registration and transactions is accurate, complete, and up to date. You agree to promptly notify us of any changes to this information.

You may browse the Platform as a guest. However, to participate in deal or engage in specific activities, you are required to register through the Platform.

Sellers are required to sign up on pickmydeal.in by completing the Merchant Onboarding Registration Form. During registration, sellers must provide accurate and truthful information. Submitting false or inaccurate details may lead to the suspension or termination of the account at any time, with no liability for any damages incurred by the defaulting party during the verification process.

Only one account per user is allowed. Any attempt to open multiple accounts may result in the suspension or termination of all your accounts.

During registration, you will be asked to create a username and a valid password. Your username must not be offensive, misleading, or inappropriate, and it should not advertise or link to any external websites or services.

Pickmydeal reserves the right to change usernames at its discretion and is the final authority on account-related policies.

Pickmydeal will never ask for your password except during the login process. You are solely responsible for maintaining the confidentiality and security of your account and password. We recommend that you do not share your password with anyone, including Pickmydeal employees or representatives. User accounts are non-transferable in any situation.

Pickmydeal is not liable for any unauthorized access or misuse of your account resulting from the disclosure of your login details, whether intentional or accidental.

How the Platform Works

To initiate the dealing process, the User selects the product they wish to purchase and initiates the negotiation. All registered Vendors offering that product will be notified and will place their quotes within the timeframe set by the Platform. After the deal concludes, the User can review the most favourable quote offered based on price and Vendor ratings. Once the User selects the Vendor and make the payment, the product will be delivered to them. The identities of both the User and the Vendors remain anonymous until the deal is sealed.

Pickmydeal is not responsible for the selection process, the outcome of the quotes, or any actions related to the dealing process.

Seller can quote or requote on the intended listings and wait for the deadline to finish for results of the negotiation process. If seller wins and gets the deal, then buyer and seller can get in touch with each other with their convenience for further dealings.

Prices

Pickmydeal does not set or control the prices on the Platform. Vendors place their quotes for the products that Users wish to purchase, and the User then selects the best price and coordinates delivery of the product.

Acceptance of the Quote - Payment

Upon the conclusion of the dealing process, the User shall navigate to the "My Account" section to review the total amount due, including shipping and other costs, and available payment options. The User must complete the payment immediately once he receives the best quote, following the instructions provided on the Platform. Upon receipt of the payment, the Vendor will dispatch the product within the timelines as per the order as agreed. The User is responsible for providing a correct and accurate delivery address and other details in their account. If payment is not received within the specified timeframe, the order will be considered void and cancelled, and any quote shared will become void. Pickmydeal shall not be held liable for any delays in shipment or delivery or return, and by accepting these terms, the User agrees not to hold Pickmydeal responsible for any delays.

Conditions of Payment

Pickmydeal will issue invoices for applicable fees, actual expenses, and taxes, if any, in accordance with the agreement entered into with the User. Payment shall be made in accordance with the terms outlined in such agreements and the Platform's general terms and conditions. The User may be required to reimburse Pickmydeal for costs incurred in the provision of products and services, including, but not limited to, materials, taxes, and reasonable out-of-pocket expenses, such as installation charges.

No customer shall hold pickmydeal.in responsible for payment processing or failure as technical glitches may occur during registration process, negotiation process, payment process or at any other stage. No customer shall hold pickmydeal.in in dispute responsible for service we provide, as technical error / glitch may occur or website and services can be under maintenance on any point of time.

Returns – Refunds

The product shall be delivered to the address provided by the User at the time of purchase. Any technical service or product support-related concerns must be addressed directly with the Vendor or manufacturer, in accordance with their respective terms and conditions.

Once an order has been placed, it shall be deemed final and shall not be eligible for cancellation. In exceptional circumstances, and solely at its discretion, PickMyDeal may agree to cancel an order upon the buyer’s request in writing. In such cases, a cancellation fee shall be applicable, which shall be the greater of the following:

(a) A minimum of ten percent (10%) of the product’s Maximum Retail Price (MRP);
or
(b) The actual costs incurred by the Platform and/or the Merchant in processing and preparing the product for fulfillment up to the time of cancellation.

Any remaining balance of the purchase price, if applicable, shall be refunded to the User. The User expressly agrees to bear the cancellation fee without protest or demur and further undertakes to indemnify and hold PickMyDeal harmless from any losses, claims, damages, costs, or liabilities, whether direct or indirect, that PickMyDeal may incur as a consequence of charge of such cancellation fee for such order cancellation.

It is expressly clarified that shipping charges, whether explicitly charged by the Merchant or the Platform, or included within the quoted price of the product, along with any platform fees and applicable taxes, shall be non-refundable under all circumstances.

If a buyer opts to return a product, such a return shall be permitted only under the specified return conditions and must be initiated strictly within seven (7) days from the date of delivery. The product must be returned in its original, unused condition. PickMyDeal reserves the right to reject the return request if the product is not received in its original condition.

PickMyDeal shall not be liable to refund any platform fees or charges associated with the purchased product. Additionally, PickMyDeal shall bear no responsibility for any defects, damages, or faults in the delivered product, including those arising during transit.

Furthermore, PickMyDeal reserves the right to dispose of any products in its possession or control, in any manner it deems appropriate, if such products remain undelivered or unclaimed beyond fifteen (15) days from the date of delivery or return.

Product Guarantee

Pickmydeal does not provide any guarantees for the products listed on the Platform. The Vendors have assured that the products they list are new, original, authentic, and free from defects or damages. Additionally, the vendors have assured that the product shall be covered by the full manufacturer’s or brand warranty and be fully functional for its intended use. However, Pickmydeal cannot independently verify these guarantees, and any claims related to defective products must be directed to the manufacturer or Vendor. Pickmydeal shall not be held responsible or legally liable for any such claims. Additionally, Pickmydeal reserves the right to approve or disapprove the listing of any product on the Platform, with the list of permitted products being updated at its sole discretion.

Rating & Review

Pickmydeal might ask Users to rate and review Vendors as well as the products they list on the Marketplace. These ratings and reviews will be displayed in multiple formats across the Platform with an intent to allow Users to share their experiences and provide valuable feedback about Vendors and their products which might be useful for new Users while dealing with them. Pickmydeal also reserves the right to block temporarily or permanently any Vendor based on the review and feedback to ensure the overall ratings of the active vendors remain high on the platform. The rating parameters would be communicated separately after creation of vendor account.

Control of Marketplace

Pickmydeal retains the exclusive right to decide which products are listed or made available on the Marketplace. Pickmydeal has the unilateral authority to halt any transaction, remove any product, or take other appropriate actions to restrict access to or availability of any product that fails to meet the requirements set forth by applicable laws or these terms and conditions.

Termination/Access Restriction

Pickmydeal retains the absolute right to restrict, suspend, or terminate access to the Platform and any related services, in whole or in part, at its sole discretion. This action can be taken at any time and without prior notice. Termination may occur for various reasons, including but not limited to violations of the terms and conditions, the occurrence of technical issues, or if Pickmydeal deems it necessary for security or operational purposes. Users acknowledge and agree that such termination or suspension of access may limit their ability to use the Platform or participate in its services, and Pickmydeal shall not be held liable for any loss or damage resulting from this action. Users must immediately cease using the Platform upon termination or suspension of their access.

Relationship Between Parties

This Agreement, including its terms and conditions, notices, and all rights granted hereunder, does not create any form of partnership, joint venture, agency, or other similar relationship between the User and Pickmydeal. Neither party has the authority to bind the other or act as an agent of the other in any way. The User acknowledges that they are engaging with Pickmydeal as an independent entity and that there is no intent or legal effect to establish a partnership, employment, or similar relationship. Neither party shall represent the other as having any such authority, and no actions or omissions under this Agreement will be deemed to create such a relationship.

Intellectual Property Rights

Copyright: All content available on the Platform, including but not limited to graphics, text, codes, button icons, logos, digital downloads, and audio clips, is the exclusive property of Pickmydeal and is protected under Indian Copyright Law. The content is entirely owned by Pickmydeal and is safeguarded by intellectual property laws. For images of products and third-party images used for display purposes, Pickmydeal does not claim ownership over them, but these images may be used with permission from the respective owners.

Trademarks: The protected trademarks of Pickmydeal include the name "Pickmydeal" and its design, as well as other distinctive marks used within the Platform. These trademarks, including graphics, page headers, logos, icons, and scripts, are registered and protected under trademark laws. These protected marks must not be used in association with products or services that are not affiliated with Pickmydeal.

All trademarks related to Pickmydeal and its affiliate sites are the property of Pickmydeal, and any third-party trademarks used on the Platform are the property of their respective owners. These third-party trademarks may not be connected to or affiliated with Pickmydeal.

All other intellectual property relating to the products, services, and content available on the Platform shall remain the sole property of Pickmydeal. Users are not authorized to use, copy, or distribute any such intellectual property without the prior written consent of Pickmydeal.

Prohibition of Reverse Engineering: The User is strictly prohibited from reverse engineering, decompiling, or otherwise copying or using the works of Pickmydeal in any manner that could undermine the integrity or proprietary nature of the product or content offered by Pickmydeal. Any unauthorized use of intellectual property may result in legal action.

Disclaimer

Pickmydeal does not warrant or represent that the content on this Platform is accurate, complete, or up-to-date, nor do we guarantee that the Platform will be free from defects or viruses, although Pickmydeal takes constant care to maintain the security and functionality of the site. The information contained on this Platform is not intended as legal, medical, commercial, or professional advice. Before taking any action or refraining from an action based on the information or materials available on this Platform, you should seek appropriate professional advice. By using the Platform, you agree that doing so is entirely at your own risk.

Limitation of Liability

Pickmydeal will not be liable for any loss or damage (whether in contract, negligence, or otherwise) under the following circumstances:

• 1. There is no breach of a legal duty of care owed to you by us.
• 2. There are manufacturing defects, damages, or faults in the products delivered by the Vendors.
• 3. There is any delay in shipment or delivery of the product.
• 4. There is third-party content posted on the Platform.
• 5. The loss or damage is not a reasonably foreseeable result of any such breach.
• 6. The loss or damage arises from your breach of these terms and conditions.

The maximum liability of Pickmydeal shall be limited to the cost of the products purchased or services availed by you, and Pickmydeal shall not be liable for any indirect, consequential, or other damages which might have caused to the user.

Furthermore, we shall not be liable if you, the user, have misrepresented any information provided during the use of the Platform or otherwise. While we aim to provide uninterrupted services, in the unlikely event of a service interruption, we shall not be held responsible for any loss or damage, however caused or suffered by the user.

Indemnification

You agree to indemnify, defend, and hold harmless Pickmydeal, the Marketplace, and its subsidiaries, including their respective affiliates, officers, directors, employees, contractors, and assigns, from and against any and all losses, claims, liabilities, damages, actions, or causes of action (including reasonable attorneys' fees) arising out of content, information, products, or details posted by the Vendors.

Third-Party Rights

Nothing in this Agreement is intended to, nor shall it, confer any benefit on any third party. Any individual or entity not a party to this Agreement shall have no rights to enforce its provisions.

Waiver

No delay or failure by Pickmydeal to enforce any rights under this Agreement will constitute a waiver of such rights or affect its rights with respect to any future breach. If you encounter any error while viewing any file or document, kindly notify us promptly by email or phone.

Information Technology Act

Certain laws in India regulate and restrict the use of online platforms. You are advised to familiarize yourself with these laws and refrain from posting content that could be considered malicious, slanderous, pornographic, defamatory, inappropriate, or attacking any individuals, groups, educational institutions, or entities (including companies, firms, or other organizations). You also agree not to post any information for which you do not possess the appropriate copyrights or permissions for public dissemination. Failure to comply with these terms may result in the removal of your posts without prior notice. Please note that the IP addresses of all posts are recorded to assist in enforcing these conditions.

Other Laws

Pickmydeal complies with applicable laws requiring companies to maintain data related to goods, services, and personal information in a prescribed format. We will use the information provided in accordance with applicable laws and as may be amended or directed from time to time.

Force Majeure

Pickmydeal shall not be held liable for any failure or delay in the performance of its obligations due to circumstances beyond its reasonable control and without its fault or negligence. Such circumstances may include, but are not limited to, changes in legislation, fire, flood, explosion, epidemic, pandemic, plague, accident, act of God, war, riot, strike, lockout, traffic disruptions, or other concerted acts of workers, and/or government actions or inactions.

Headings

The headings and subheadings in this Agreement are included for convenience and identification purposes only. They are not intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any other sections or pages of the Platform or Linked Sites in any manner.

Purchase Policy

Pickmydeal accepts the payment methods displayed through the Platform from time to time. It is at the sole discretion of Pickmydeal to change or update the acceptable payment methods as it deems fit.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising from or in connection with these terms and conditions shall be resolved through arbitration. A sole arbitrator will be mutually appointed by the parties, in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in English, with the seat and venue of arbitration being Mumbai, Maharashtra.

Acceptance of Terms and Conditions

By accessing and using our Platform, you agree to be bound by these terms and conditions, along with the privacy policy set forth below, including any future modifications or additions. If at any time you do not agree with these terms and conditions, you may notify us and refrain from accessing our Platform.

Contact Us

We strive to provide you with the best possible experience. In the event that you encounter any issues or wish to provide feedback regarding these Terms and Conditions or the Privacy Policy, please contact us at support@pickmydeal.in or +91- 22 - 4450 7815..

By clicking the checkbox beside the "I have read, understood, and accept all the Terms and Conditions" button, you acknowledge and confirm that you have read, fully understood, and expressly agreed to be bound by the provisions set forth in these Terms and Conditions. You further affirm that your acceptance is voluntary, and that these Terms and Conditions have been entered into in good faith, are fair and reasonable, and shall constitute a legally binding obligation upon you from the moment of acceptance.