WELCOME

We welcome you to vishalmegamart.com (“Portal”). Airplaza Retail Holdings Private Limited and its affiliates provide services to you for access and use the Portal and to enjoy a great digital shopping experience, subject to the terms and conditions mentioned hereinafter (“Terms of Use”). When you visit the Portal and/or shop at the Portal, you accept the Terms of Use, both expressly and impliedly and you consent your agreement to these Terms of Use. When you use the current or future Portal service, whether the said service is embedded in the Portal or otherwise, you shall also be subject to the terms, conditions, guidelines and norms applicable to the said service, business and offering.

Terms

1. ACCOUNT & ACCESS-CREATION, CREDENTIALS, TERMS & LICENSE T0 USE
   1. Confidentiality: Being a user of Portal, you shall be responsible for keeping your credentials including the account ID and password confidential. You should inform us immediately, if you know or suspect that your credentials have become known to anyone else, and are used or are likely to be used unauthorized.
   2. Credibility: While creating your account on the Portal, you shall provide correct information and should not use the personal data or information of any other person.
   3. Security: It shall be your responsibility to restrict access to your computer/ phone or any other digital medium, to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur, while using your credentials i.e., your account or password.
   4. Change in Account: Any changes in your phone number, address or other identifiers should be immediately communicated to us. We owe no responsibility for any loss caused to you, due to change in your phone number, address and other information provided by you.
   5. Personal Usage: You agree, undertake and acknowledge that you shall use your account on the Portal to purchase products only for your personal use and not for commercial business purposes.
   6. Change, restriction and deletion of Account: We reserve our rights to change, restrict and delete your account, without any prior notice and without communicating the reason for such action.
   7. Access to the Portal: On acceptance of these Terms of Use and Privacy Policy and on payment of any applicable fees, you have been granted a limited license to access and make personal use of the Portal, subject to the restrictions enlisted in the Terms of Use.
   8. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Portal, as long as the link is not used for any false, deceptive, disparaging, or otherwise offensive matter. However, while doing so, you cannot have used any intellectual property like any trademarks or marks of Airplaza Retail Holdings Private Limited or its holding company, affiliates and subsidiaries. Further, in case you use the right to create the hyperlink, we owe no responsibility and liability towards the correctness of the same, any promises or commitments made by you in publishing the said hyperlink and any other statements, commitments and offers made by you, without prior written consent of Airplaza Retail Holdings Private Limited.
2. DIGITAL COMMUNICATION

You Communicate with us electronically, as and when you access the Portal or shop at Portal or communicate with us for queries, suggestions etc. Thus, you are required to provide a valid phone number, which should be registered in your name or which you have been duly authorised to use, while placing an order with us. Any communication addressed to you by us, will be by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. You hereby on acceptance of these Terms of Use, provide your unequivocal and irrevocable consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website. Further, by submitting your phone number you authorise us to override your DND restrictions and waive your rights against any unsolicited communication.

3. PRIVACY POLICY

Kindly access our Privacy Policy to understand the privacy practices

4. INTELLECTUAL PROPERTY RIGHTS ACCOUNT & ACCESS-CREATION, CREDENTIALS, TERMS & LICENSE T0 USE
   1. All Intellectual Property Rights in the Portal, on the content of the Portal including but not limited to the look, feel, content, graphics, audio, video, compilations, declarations, texts, including the software enabling the Portal and its ancillary functions, vests in and is the property of Airplaza Retail Holdings Private Limited, its holding company, subsidiaries and affiliates and is protected by Indian and international intellectual property laws, treaties and regulations.
   2. The Trademark ‘Vishal Mega Mart’ and all other trademarks including the marks used on the products and trade-dresses/designs of the products and all other intellectual property rights in the domain name, are sole intellectual property, used by Airplaza Retail Holdings Private Limited under a license from Vishal Mega Mart Private Limited.
   3. All software used on this website is the property of Airplaza Retail Holdings Private Limited, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
   4. You are not allowed/authorised to and you shall not extract/ or re-utilize parts of the contents of the website without express written consent from us. You shall be having no right to reverse engineer the Portal, utilize any data mining, bots, or similar data consolidation and extraction tools to reverse engineer or to use any part of the Portal and its features, without a prior written consent of Airplaza Retail Holdings Private Limited.
   5. You shall not claim any rights of Airplaza Retail Holdings Private Limited in any part of the intellectual property of the Portal or its content and shall not object to any applications filed by Airplaza Retail Holdings Private Limited or its holding company, affiliates and subsidiaries, with the respective authorities for registration of marks, patents and copyrights. Further, you shall not file for any claim or ownership of any trademark, marks, Portal or parts/contents of the Portal, as may be owned by Airplaza Retail Holdings Private Limited or its holding company, affiliates and subsidiaries or to approach authorities to file any applications for registration of any marks, patents and intellectual property of any kind, which is either similar or deceptively similar or which in any way violates the intellectual property rights of Airplaza Retail Holdings Private Limited or its holding company, affiliates and subsidiaries
5. CUSTOMER UPLOADS
   1. Customer Feedback/Inputs: You may post your reviews, comments and other contents; send communications; and submit your thoughts, proposals, queries, or other information on the Portal and any other platform of communication as may be used by and between you and the Company, unless the content is illegal, including but not limited to being obscene, abusive, hostile, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious/harmful to any third party, or objectionable.
   2. Injurious Content: You should not upload any data or content which consist of or contain bugs & viruses, political & commercial ideas, solicitation and ideologies, or any contents in form of "spam", on the Portal and any other platform of communication as may be used by and between you and the Company
   3. Incorrect or evasive information: If the credentials provided by you, which include but not limited to e-mail address, your identity, phone number or otherwise misleads as to the origin of any content or in any way impersonate any other person, we reserve the right to remove, refuse, delete or edit any content, which we find in violation of these Terms of Use and, or terminate your account on the Portal.
   4. Use of Data: Once you upload, submit or post any content, data, information on the Portal and any other platform of communication as may be used by and between you and the Company, unless indicated by us otherwise, you grant us and our affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media and also to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant, as mentioned herein above, are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
   5. You represent and warrant that all the content, data and information, as may be submitted, posted or uploaded by you, on the Portal and any other platform of communication as may be used by and between you and the Company, is not in violation of the intellectual property rights of any third party and you own all rights, tangible or intangible, in said data, information and content. Further, you undertake, agree and acknowledge that the said data, content and upload does not violate any law, public policy and will not cause any injury, of any kind, to any person or entity. We owe no responsibility or assume any liability to monitor such Customer Uploads, but reserve our rights to edit or remove such content, Data and uploads. You agree and undertake to indemnify us against any loss, claims, litigation, fines and likes, arise out of such Customer Uploads.
6. RESTRICTIONS ON USE
   1. You should not use the Portal in any way that may or likely to cause prejudice to the Portal or its access to it to be interrupted, damaged or restricted in any way.
   2. You shall use the Portal for lawful purpose only and transact with lawful means only.
   3. You shall not use impersonated credentials to create and use an account on the Portal.
   4. You shall not use any means of payment either credit/debit cards, wallets or any available payment mean, which is not owned by you or the use of which is not authorised by its owner.
   5. You shall not use or access the Portal for fraudulent purposes, or to attempt or commit a criminal offense or other unlawful activity.
   6. You should not send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, disingenuous, obnoxious, licentious, distressing, profane, slanderous, libelous, obscene, pornographic, pedophilic or threatening; racially objectionable, withering or in breach of intellectual property of ours or any third party, confidentiality, privacy or any other proprietary information or right.
   7. Further, you should not post, submit, use, upload any content, data or information which is injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which contains bugs, viruses and likes, political & commercial solicitation, any "spam”.
   8. The Portal should not be used for commercial purposes such as resale of products purchased from the Portal.
   9. The limited license and permission to use the Portal does not authorize you or allows you to list any product, discounting, promoting any products other than the products already listed on the Portal and you undertake that while uploading comments, reviews and submitting any other content, you will not promote, any product, which is not listed on the Portal and/or which is not a part of Product mix of Airplaza Retail Holdings Private Limited.
7. PRICING, DELIVERY, RETURNS, EXCHANGE, PRODUCT PROPERTIES
   1. Pricing:

      The pricing of the products, mentioned on the Portal is the price offered for sale of the respective product. However, the same is subject to any change, revision and discounts, as per the company pricing policy and can be changed without any prior notice to you and before the sale is completed. Further, the said price is a full price of the respective product and exclusive of the shipping and delivery charges, unless specified otherwise. Though all the efforts are made to list the products with correct price on the Portal, but due to any technical or system issue, mispricing is possible. In such a case following actions will be taken.

      1. If the correct price of the product is lower than the stated price, you will be charged with the lower amount, viz. the correct price of the product.
      2. If the correct price of the product is higher than the stated price, than we shall be having a right, in our sole discretion, to either contact you and seek your consent to ship the product at the correct price or cancel the order and send you a notification of such cancellation and its reason.
      3. In case you find out that a product has been shipped to you at a higher price and the correct price of the product is lower than the billed price, you may connect with the grievance officer and post verification, the excess amount will be either refunded to you or credited to your account, from which you have made the payment.
   2. Delivery :

      The availability details for products sold at the Portal shall be posted on the respective pages of the Portal. It is to be noted that dispatch/delivery estimate timing are indicative only and the same are not guaranteed by us in any manner, whatsoever, accordingly the timing should not be relied upon as such and the same may be subject to various factors affecting the timely delivery. While delivering the order placed by you, in case, you are not available at the address mentioned while placing the order on the Portal, the order shall be left at the given address, in case the address is a part of a gated and secured society and you shall be communicated on the same. However, in case of any other address, which is unsecured, in case you are not available at the given preferred address, at the preferred time, the order shall be taken back to the nearest retail store and You shall be required to pick your order from the concerned store and in no case any refunds on this accounts will be entertained and You shall not be entitled for a refund against such returned order. For your convenience, we will send you an SMS intimating about the details of the retail store from where you can pick your order.

      Further, in such case of pickup of the order, you shall not be entitled to refund of the delivery charges.

      In case any item from the order is not available, balance items of the order will be delivered and the amount charged for the unavailable item shall be refunded to You, in the same mode, from which you had made the payment.

      In case, for any reason, your order is not shipped to you or we are not able to ship your order, for any reason whatsoever, you shall be intimated, in advance, by way of your preferred mode of communication, as may be selected by you in your account on the Portal and any amounts paid by you for the said order, shall be refunded to you electronically, in the same mode of payment from which you had made the payment.

      You may check the preferred location of delivery, before placing the order. Change of location of delivery, after placing of order, shall not be fulfilled. Further, multiple products under one order cannot be delivered or scheduled to be delivered at different location. If you want us to deliver different parts of your order, at different locations, you should place different orders of different products for separate locations.

      In case you avail the store pick-up of your order, you will be provided with a Pick-up Code. You shall be required to furnish the said Pick-up Code with the retail store staff, at the time of the pick-up. In the event you fail to produce the said Pick-up Code, no order will be handed over to you. We strongly advice against sharing of such Pick-up Code and in case some else presents the said Pick-up Code to the store staff and picks the order, we disclaim all liabilities against the same and you shall not be entitled for any refunds against the said order.

   3. Refund, Return, Exchange:

      Kindly access our Refund/Return/ Exchange Policy to understand.

   4. Product Properties:

      We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered at the Portal itself is not as described, your sole remedy is to return it in unused condition, as per the Return Policy.

      The sizing of the apparels listed on the Portal depends on the cut, nature of fabric and the style embedded. As per the cut and fit some garments are designed to have a relaxed and loose fit and other may be designed to be more fitted. You may check the size references given on the Portal, before placing the order. However, in case you still receive a garment, which is not fit for you in terms of size, you may exchange the same as per the Exchange Policy of the Company.

      Certain products listed on our Portal come with specific properties, directions of use and care instructions. You should look at the same and deal/handle the product in compliance with such guidelines and norms. Company shall not be liable for any damage to any product, that may be caused due to mishandling of the product and not following the above stated instructions and guidelines.

      All the products listed on the Portal are meant for specific purpose and you should check the usability and appropriateness of the product for intended use, before the purchase. No claims of refunds, returns or exchange, on the basis that the you are not able to use the product as per your intended usage, will be entertained.

      Since the Portal will be used in the digital form, the look of the product may differ from the actual, in terms of color and texture, owning to various reasons including the specifications of the device used by you for accessing the Portal.

      All products, which are supported with a warranty, will be delivered with the respective warranty cards and conditions. Unless there are express claims of warranty with the product, on the Portal, no implied warranty can be attributed to the product and company owes no liability toward any warranty of such products. You are advised to check the warranty terms and respective documents at the time of delivery of the Product. No claims shall be entertained with regard to warranty attached to the product and/or related to non-receipt of the warranty documents, post the date of delivery.

8. TAXES

   You shall be liable and responsible for payment of all fees/costs/charges/taxes (including but not limited to VAT/GST/Service Tax), associated with the purchase of products from us on the Portal, as may be applicable on the sale, by virtue of the relevant laws in force. In case any additional direct & indirect tax , duty or cess is levied on the transactions made by you on the Portal, such as different state deliveries, you will be liable to pay such taxes, duties and levies and due to the same the cost of purchase may increase from the price mentioned on the Portal.

9. DISCLAIMERS

   We disclaim all liabilities and responsibility against:

   1. WARRANTIES

      The Portal has been offered to use to you on as is where is basis. We make no, express or implied warranties of any kind, with regard to the Portal, products listed on the Portal and the content of the Portal. You expressly agree to use the Portal at your sole risk.

      We disclaim all warranties, to the extent permissible under the Indian Law, express or implied, including but not limited to warranties of merchantability, usability, fitness for purpose, except the warranties expressly provided under the Terms of Use.

   2. OBJECTIONABLE CONTENT

      We disclaim all liabilities towards any objectionable content posted on the Portal by any third party, in any manner including yours and other third party’s reviews, comments and other contents on the Portal and any other platform of communication as may be used by and between you and the Company. In case you believe that any content of the Portal is objectionable due to the reasons of being deceptive, misleading, obscene, defamatory, promotes racism, sexually explicit or otherwise, you may raise your concern to the Grievance officer and suitable actions will be taken, as per the company policy in this regard.

   3. ACCURACY OF INFORMATION

      We disclaim all liabilities towards any loss caused to you, due to the reason that the information provided by you on the Portal is incorrect. Further, we also disclaim any liabilities due to any incorrect information posted on the Portal with regard to details, descriptions and prices of the products or against any errors, inaccuracies, omissions and/or revision of information.

   4. PERFORMANCE OF PORTAL

      Though we endeavor to keep the performance of the Portal at optimum level but at the same time we disclaim all liabilities against any claims of dysfunction of the Portal, glitches, non-performance, non-responsiveness and downtimes. The Portal may be subject to scheduled and un-scheduled downtimes and we accordingly disclaim all liabilities against it.

   5. INJURY DUE TO USE

      Any injury of any kind whatsoever, as may be caused to you or any third party, due to usage of Portal or the products purchased through the portal.

   6. BUGS, VIRUSES OR LIKES

      Any bugs, viruses, ransomware, malware or likes, as may be transmitted to your devices through the Portal or by any third party through our Portal.

   7. UNAUTHORISED USE AND BREACH OF DATA

      Any unauthorized use of or access to yours and others information, including but not limited to private, sensitive, financial and transactional information, as may be accessed and stored on the Portal or on our servers. Any breach of data stored on the servers of the company and consequent losses.

   8. LIMITATION OF LIABILITY

      IN NO EVENT SHALL AIRPLAZA RETAIL HOLDINGS PRIVATE LIMITED, ITS HOLDING COMPANY, SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL AND DIRECT DAMAGES, LOSS OR COMPENSATION OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF YOU/USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

10. MINOR USERS

    The access to the Portal is only available to persons who are competent to enter into a valid and binding contract under the provisions of the Indian Contract Act, 1872. In case, you are minor under the respective laws of India, then you may use the Portal under the supervision of a parent or guardian.

11. INDEMNITIES & RELEASES

    You shall hold harmless and indemnify Airplaza Retail Holdings Private Limited, its holding company, subsidiaries, affiliates and their respective officers including its directors, agents and employees, from any claim or petition, or actions/proceedings arising out of your actions towards breach of Terms of Use or any document incorporated by reference, or your non-compliance of any law, rules, regulations or the rights of a third party including rational lawyer's fees, made by any third party or penalty imposed due to the same and also against any unauthorised and illegal use of the Portal and services. Further, you shall be liable to indemnify Airplaza Retail Holdings Private Limited against any loss, monetary or otherwise, as may be caused to Airplaza Retail Holdings Private Limited, due to submission of incorrect information about your credentials, usage of third party credentials, impersonation, unauthorised use of payment means of a third party, Customer Uploads in violations of Terms of Use and any fraud committed by you against the company or a third Party. You hereby explicitly release Airplaza Retail Holdings Private Limited its holding company, subsidiaries, affiliates and their respective officers including its directors, agents and employees from any cost, damage, liability of any of the actions/inactions of the delivery partners of Airplaza Retail Holdings Private Limited and specifically relinquish any claims, demands or liability that you may have in this behalf under any statute, agreement or otherwise.

12. WAIVERS

    In case, you are in breach of these conditions and we take no action, we will still be entitled and have a right to enforce the Term of Use in any other situation where you breach these conditions.

13. COMMUNICATION

    Whenever you access the Portal, you are communicating with us electronically. You are required to provide a valid phone number, which should be registered in your name or which you have been duly authorised to use, while placing an order with us. We may communicate by registered e-mail, SMS, phone call or by posting content on the portal or by any other mode of communication as may be feasible and practicable to us.

14. LOSSES/DAMAGES

    It is clarified and acknowledged by you and us, that Airplaza Retail Holdings Private Limited will not be liable and responsible for any loss/damage to you arising out of usage of the product ordered by you, use of Portal and for all such claims, as may be disclaimed, either expressly or impliedly, under the Terms of Use.

15. CHANGE & MODIFICATION OF PORTAL

    The right to make changes in the Portal has been reserved by us. We may change the Portal, or any part/functionality of the Portal including but not limited to its interface, policies, look, graphic, widgets, buttons, links etc. and even have right to change the Terms of Use, at any point of time at our sole discretion. Your usage of the Portal will always be subject to the Terms of Use in force at applicable time, unless any modification in policy or Terms of Use is imposed by law or government authority. In case, any term of the policy or Terms of Use is deemed illegal, invalid, or for any reason, that term will be considered void and will not affect the legitimacy of any remaining terms and condition.

16. FORCE MAJEURE

    We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use or use of Portal, if the delay or failure arises from any cause which is beyond our reasonable control and is caused due to any reason, which is Act of God, outside the control of Airplaza Retail Holdings Private Limited and its employees, affiliates, agents and parties appointed by Airplaza Retail Holdings Private Limited for upkeep, performance and delivery of the Portal, payments, delivery of products and all other transactions between you and Airplaza Retail Holdings Private Limited, or is a Force Majeure event by its very nature.

17. GOVERNING LAW AND JURISDICTION

    These conditions under the Term of Use are governed by and interpreted in accordance with the laws of India and the courts at Gurugram shall have exclusive jurisdiction.

18. LOYALTY PROGRAMME & TERMS:

    Loyalty points are earned on transactions made by customers online or for purchases in the retail store

    You shall be entitled for 1 point for every Rs.100.00 spent Every loyalty point shall carry a value of Rs. 0.50/- The expiry for the loyalty points is of 1 year on rolling basis. i.e. Points earned on 15th Aug’20 will expire on 31st Aug’21 The Loyalty points, so earned can be redeemed by you, both on online as well as retail stores For redemption, you should have at least 20 loyalty points in your account

19. USE OF PROMOTION & DISCOUNTS

    All the promotions and discounts, as may be communicated to you either by way of a specific communication or by way of a declaration on the Portal, shall be governed by the conditions of the specific promotion and discount offerings and its validity.. You shall be allowed to use any declared or communicated promotion and discount, during your purchase on the Portal, in case it is valid at the given time. No claims of reissue or re-validation shall be entertained.. In the event you have received with your order, any cash discount or free gift vouchers or Bank sponsored discounts or free gifts and you return the order or part of the order and seek a cash refund, value of such cash discount, gift vouchers issued, bank sponsored discount and/or free gifts shall be deducted from the value of refund. The Promotion & discounts provided by the Company on the Portal and in its retail stores can be different from each other and we disclaim all liabilities against all issues and disputes raised by You or any person, on account of difference in promotions and discounts as available in retail stores of the Company and on the Portal

20. GRIEVANCE REDRESSAL

    In case you are not satisfied about the resolution of your issues regarding the use of Portal or your purchase, even after contacting the ‘Customer Support’ (details of which are provided on the Portal), you may approach the ’Grievance cell’ Any direct communication to Grievance cell will be redirected to "Customer support" for further assistance

    All Grievances related to the purchase or services shall be addressed to Mr. Biju K.P (Grievance officer) at: Airplaza Retail Holdings Private Limited

    Registered Office: Plot No. 184, Udyog Vihar Phase I, Gurugram -122016

    1. E-mail: grievanceofficer@vishalmegamart.com

    2. Contact timings: 09 am to 06 pm

    3. Contact No. – 011 -43144141

    4. Website: www.vishalmegamart.com

    Customer Care Details

    Airplaza Retail Holdings Private Limited

    Registered Office: Plot No. 184, Udyog Vihar Phase I, Gurugram -122016

    1. E-mail: customercare@vishalmegamart.com

    2. Contact timings: 09 am to 06 pm Daily

    3. Contact No. – 011 -43144141

    *The officer will get back to the customer within 2 business days of reporting an issue

    *Every grievance will be provided with a complaint/ticket no. which can used to track the status of the grievance.

    *Redress or closure to a grievance might take around one month from the date of receipt of complaint