Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and MartLiv ("we", "us", or "our"). By accessing, downloading, or using the MartLiv mobile application, website, or any associated services (collectively, the "Platform"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.

2. Eligibility

You must be at least 18 years of age to use the Platform. By using MartLiv, you represent and warrant that you are of legal age to form a binding contract and meet all eligibility requirements. If you are accessing the Platform on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

To use certain features of our Platform, you must register an account using your mobile phone number. By registering, you agree to:

• Provide accurate and complete information, including a valid mobile number
• Authenticate via One-Time Password (OTP) sent to your registered mobile number
• Maintain the security of your account by not sharing your OTP with anyone
• Accept that your account may be bound to a specific device for security purposes, and logging in from a new device may terminate sessions on other devices
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms, exhibit suspicious activity, or remain inactive for an extended period.

4. Use of Services

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

• Use the Platform for any illegal or unauthorized purpose
• Interfere with, disrupt, or impose an unreasonable burden on our servers or infrastructure
• Attempt to gain unauthorized access to any part of the Platform, other user accounts, or our backend systems
• Use automated bots, scrapers, or scripts to access, interact with, or extract data from the Platform
• Transmit any viruses, malware, or harmful code
• Impersonate another person, entity, or MartLiv employee
• Place fraudulent orders, use stolen payment credentials, or engage in any deceptive practices
• Abuse rate limits, exploit system vulnerabilities, or circumvent security measures
• Resell products purchased through MartLiv for commercial purposes without authorization

5. Service Availability and Area

MartLiv operates within specific serviceable areas. By using the Platform:

• You acknowledge that our services are available only within designated serviceable areas, determined by your GPS location or delivery pincode
• We may temporarily pause or suspend services due to operational reasons, weather conditions, public holidays, or circumstances beyond our control
• Product availability, pricing, and delivery times may vary by area
• We reserve the right to modify, expand, or reduce our serviceable areas at any time without prior notice

6. Products and Pricing

We make every effort to display accurate product information and pricing. However:

• All prices are displayed in Indian Rupees (INR) and are inclusive of applicable taxes unless otherwise stated
• Product prices, images, descriptions, and availability may change without prior notice
• Products may have expiry dates; expired or near-expiry items are automatically removed from the Platform
• Product weights and quantities are approximate and may vary slightly
• In the event of a pricing error, we reserve the right to cancel the order and issue a full refund
• Deals, discounts, and promotional offers are subject to availability and may be modified or withdrawn at any time

7. Orders and Payments

When placing an order on MartLiv:

7.1 Order Placement

• An order is confirmed only after successful payment (for online payments) or upon acceptance by the warehouse (for Cash on Delivery)
• We reserve the right to refuse, cancel, or limit any order for any reason, including stock unavailability, pricing errors, suspected fraud, or serviceability issues
• Once an order is placed and confirmed, stock is deducted from inventory in real-time

7.2 Payment Methods

• Online Payment: Processed securely through PhonePe. We accept UPI, credit/debit cards, and other methods supported by PhonePe. Your payment information is handled directly by PhonePe and is never stored on our servers
• Cash on Delivery (COD): Available for eligible orders. Full payment must be made to the delivery partner at the time of delivery

7.3 Additional Charges

The following charges may apply to your order, all of which are displayed transparently before checkout:

• Platform Fee: A service fee charged for using the MartLiv platform
• Delivery Fee: Charged based on delivery distance and order value
• Handling Fee: A nominal charge for order packaging and handling
• Convenience Fee: May apply for specific payment methods or services
• Rain/Surge Fee: A temporary fee that may apply during adverse weather conditions or high-demand periods

8. Delivery

We strive to deliver orders as quickly as possible. Please note:

• Delivery times displayed on the Platform are estimates and may vary based on location, order volume, weather, traffic, and other factors
• You must provide an accurate and complete delivery address with GPS coordinates for location verification
• The delivery rider will contact you on your registered mobile number upon arrival
• If you are unavailable to receive the delivery, the rider may attempt to contact you. Undeliverable orders may be returned to the warehouse
• We are not liable for delays caused by factors beyond our reasonable control, including but not limited to natural disasters, public disturbances, or government restrictions
• Orders that remain unconfirmed or without a delivery rider for an extended period may be automatically cancelled by the system, and any paid amount will be refunded

9. Cancellation Policy

Order cancellation is subject to our dedicated Cancellation & Refund Policy and the following terms:

9.1 User-Initiated Cancellation

• You may cancel an order and receive a full refund only while the order has not been accepted by the warehouse and within 2 hours of order placement
• Warehouse Acceptance Lock: Once an order is confirmed and accepted by the warehouse, the order moves into real-time picking and fulfillment. It is strictly not available for the user to cancel once accepted by the warehouse
• For eligible cancellations of online paid orders, an automatic refund is initiated immediately through PhonePe to your original payment method
• For COD orders cancelled prior to warehouse acceptance, the reserved inventory is immediately released back to stock with zero fee

9.2 System-Initiated Cancellation

• Unpaid online orders (payment pending or failed) may be automatically cancelled after 2 hours
• Orders without a delivery rider assigned within a reasonable timeframe may be cancelled and refunded
• We reserve the right to cancel orders due to stock unavailability, pricing errors, or suspected fraudulent activity

9.3 Exceptional Circumstances (Not Guaranteed)

Once an order has been accepted by the warehouse, cancellation is not available through the user interface. Any post-acceptance cancellation or return requests are treated as exceptional circumstances and must be submitted to Customer Support. Please note that exceptional approvals are strictly not guaranteed and are evaluated on a case-by-case basis at MartLiv's sole discretion based on verifiable evidence.

10. Returns and Refunds

For complete terms on refunds and dispute handling, please consult our full Refund Policy.

10.1 Returns

• Damaged, defective, or incorrect items can be reported within 24 hours of delivery by contacting our support team with photographic proof
• Perishable and fresh items (fruits, vegetables, dairy, etc.) cannot be returned once delivered unless they are visibly damaged or spoiled at the time of delivery
• Verification by customer support is required before any exceptional return or replacement is authorized

10.2 Refunds

• Refunds for online payments are processed through PhonePe: UPI refunds generally credit within 2 to 4 hours (max 24–48 hours), while card/net banking refunds reflect within 3 to 7 business days
• Refund requests outside the pre-warehouse acceptance window are subject to verification and are not guaranteed
• Refunds are credited to the original payment method used for the transaction
• COD orders that are cancelled before warehouse acceptance do not require a refund as no payment was collected

11. Location and Permissions

To provide our delivery services effectively:

• The mobile app may request access to your device's GPS location to determine your delivery address and check service availability
• The app may request permission to send push notifications for order updates, delivery tracking, and promotional offers
• You may revoke these permissions at any time through your device settings, though this may limit certain features of the Platform

12. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, icons, images, product descriptions, software, and the compilation thereof, is the property of MartLiv or its content suppliers and is protected by Indian and international copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Platform without our prior written permission.

13. User Content and Feedback

Any content, feedback, suggestions, or ideas you submit to MartLiv (through reviews, support communications, or otherwise) becomes our property. You grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, and incorporate such content into our services without any obligation of compensation or attribution.

14. Disclaimer of Warranties

The Platform and all services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee the accuracy, completeness, or reliability of any product information, pricing, or availability displayed on the Platform.

15. Limitation of Liability

To the maximum extent permitted by applicable Indian law, MartLiv, its directors, employees, partners, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising from: (a) your use or inability to use the Platform; (b) any unauthorized access to your account or data; (c) any conduct of third parties on the Platform; (d) delivery delays or failures; or (e) any other matter relating to the Platform. Our total liability for any claim shall not exceed the amount paid by you for the specific order giving rise to the claim.

16. Indemnification

You agree to indemnify, defend, and hold harmless MartLiv, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any fraudulent or illegal activity conducted through your account.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

• Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through amicable negotiation
• If the dispute cannot be resolved within 30 days of written notice, it shall be referred to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996
• The arbitration shall be conducted in English, and the seat of arbitration shall be Patna, Bihar, India
• The courts in Patna, Bihar shall have exclusive jurisdiction over any matters not subject to arbitration

18. Termination

We may terminate or suspend your access to the Platform immediately, without prior notice, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Extended period of inactivity
• At your request for account deletion

Upon termination, your right to use the Platform ceases immediately. Any outstanding orders at the time of termination will be fulfilled or refunded at our discretion. Sections relating to intellectual property, limitation of liability, indemnification, and dispute resolution shall survive termination.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on this page with a revised "Last updated" date. For material changes, we may provide additional notice through push notifications or email. Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

21. Contact Us

If you have any questions, concerns, or grievances about these Terms of Service, please contact us at: