Terms & Conditions

InstaCiti offers a three-layered approach to the digital transformation of your business. By joining InstaCiti, your business will get their very own Web Card, QR Code, Business Tools and most importantly, have an online reach. In the next layers, InstaCiti can help you set up your very own website and online store, create an App, manage accounts and billing, promote online, and offer deals to loyal customers.

InstaCiti helps SMEs develop an online presence and create their very own branding experience. Looking for employees? Or planning to host a trade show? Log on to InstaCiti to avail all this with the help of our dedicated team. InstaCiti is an endeavour to build an online ecosystem where consumers can interact with small and medium scale businesses. The digital age is upon us and 85% of people around the world use online shopping and browsing services. A lot of SMEs work via digital portals but might lack a website and subsequent reach. InstaCiti is a beginning to fill this gap and allow users to see all nearby businesses in a single space.

These terms and conditions (“T&Cs”) shall govern use of the InstaCiti URL and InstaCiti Mobile App. Please read these T&Cs carefully before accessing or using the InstaCiti Applications. Merchants are required to read the Customer’s Terms & Conditions before accessing the applications. If you do not agree to these T&Cs and/or Customer’s Terms & Conditions, you shall not use the InstaCiti Applications and/or register yourself as a Merchant. By using the InstaCiti Applications, you communicate your unreserved acceptance to these T&Cs and other InstaCiti policies (as changed or revised by InstaCiti from time to time).

Registration/Information

Merchants will be required to register on the InstaCiti Mobile App for offering/selling their products on the InstaCiti URL. Registration includes (but is not limited to) completing the on-boarding process.

It is always necessary to provide true, accurate, valid, correct, complete and up to date information on the InstaCiti Applications. Such information shall include (and not be limited to) pricing, inventory, menu, customer data, inputs, bites, discount, taxes and other information as requested by InstaCiti from time to time.

Merchants shall be individually liable for quality, efficiency, availability and merchantability of its products and services. Further, merchants shall not offer, sell or deliver any products or services through InstaCiti, which are illegal, banned, restricted or which are not in compliance with applicable laws.

Merchant shall at all times

1. Be compliant with all applicable laws, now or hereafter in effect, relating to its performance of these T&Cs;

2. Pay all fees and other necessary charges required by such applicable law; and

3. Obtain and maintain in full force and effect all licenses, permits, authorizations, registrations and qualification from any authority to the extent necessary to perform its obligations hereunder.

Merchant shall exclusively be accountable for payment of all applicable levies, duties, taxes and all like charges in relation to the products and services. This includes and is not limited to payment of GST.

In case, InstaCiti believes/notices that the Merchant is involved in any fraudulent activity/transaction or in any activity which is in breach of applicable law, these T&Cs or any other policy of InstaCiti, then InstaCiti would inter-alia have the right to hold back the amounts to be received by the Merchant from its Customer(s) and/or suspend your account till the resolution of the matter/dispute.

Ordering

InstaCiti Applications enable the Merchants to offer, sell and take orders for their products from the Customers (“Order”), by providing various details of their products.

Self Pick Up/ Delivery

Customers shall have the option of self-pick-up of the Orders from the Merchant’s store, or getting the Order delivered to their address provided by them on the InstaCiti URL if the merchant provides for the same.

Please note that delivery of the Orders shall be done by the Merchant himself (or through a third party), hence the Merchant shall be solely liable and responsible in relation to delivery of the Orders to the Customers.

InstaCiti provides delivery services i.e InstaCiti Rider, hence if the customer chooses it, any dispute arising from the same will be settled between InstaCiti and the client without the intervention of the merchant except for cases where needed. All disputes in relation to the delivery of Orders through the merchant shall be directly settled by the Merchant with the Customers, without the intervention of InstaCiti.

Pricing

Merchants will have to make certain that the products listed on the InstaCiti URL are strictly sold at MRP, unless otherwise specified. Typically, the price mentioned at the time of ordering will be charged on the date of the delivery. However, prices of certain products/items may differ on the date of actual delivery. Accordingly, in case the prices are higher or lower on the date of delivery – the differential amount will be paid to or collected from the Customer (as the case may be).

Rewards

InstaCiti may, by it’s prudence, provide rewards/cashbacks to any or all Merchants as per its internal policies. All aspects/policies pertaining to the aforesaid rewards/cashbacks (including but not limited to introduction, amount, criteria, mode, modification, payment and withdrawal) shall be solely decided by InstaCiti. In case of any abuse, misuse or fraud by the Merchants with respect to rewards/cashbacks, InstaCiti shall have the right to hold and/or adjust the payment of the Merchants. PAYMENT BY THE CUSTOMERS

Customers shall have the choice to make payment for their Orders on the InstaCiti URL (through various available modes like credit card, debit card and UPI) or through pay on delivery mode directly to the Merchant. These payment modes will be decided and modified by InstaCiti from time to time.

Payment To The Merchant

As a consideration for providing the InstaCiti Services, InstaCiti may charge/be paid by the Merchant, the fees / Per Transaction Fixed Charge (PTFC) / Payment Service Charge per transaction (PSC), as decided and informed by InstaCiti.

Cancellation

Customers cannot cancel their Order (or any product therein) and can only be cancelled by the Merchant if they are unable to provide the Customer for any reason (including but not limited to unavailability of the products/items).

In some cases (including but not limited to selling illegal products/items), InstaCiti shall have the right to cancel the Orders (or any product therein).

Cancellation Or Rejection Of The Order

For pre-paid Orders, in the case of any cancellation or rejection of the Order or any particular item(s) in the Order by InstaCiti or Merchant, due to any reason (including but not limited to unavailability), the amount equivalent to the price of the cancelled or rejected Order/item along with the applicable GST amount will be refunded to the Customer, which amount will normally be credited within 3-5 business days from the date of cancellation/rejection.

If Order Is Not Successful But Amount Is Debited

In case the amount for an Order / item is debited from the Customer’s account/card however the Order is not successful, then the concerned amount along with the applicable GST amount will be refunded to the Customer, which amount will normally be credited within 3-5 business days from the date of payment.

Refund Policy

Any refunds shall be claimed, before the customer leaves your payment counter, only upon occurrence of any of the following instances: (a) excess payment made by the customer, and (b) cancellation by mistake; and

Any refund shall be done in the manner listed herein below, in case purchase(s) is / are made using / through: any third party e-wallet, through unified payments interface (UPI) or direct debit from bank account of the customer, the claimed refund amount (i.e. deriving out of transaction value) will be refunded into the same medium from which the payment was made, within such number of days as per the refund policies of the concerned customer’s wallet or UPI/Bank account; and/or cards (i.e. debit/credit cards) issued by a recognised bank(s), the claimed refund amount (i.e. deriving out of transaction value) will be refunded to the concerned card, within such days as per/depending on concerned bank’s refund policy, as may be applicable.

Limit/Restrictions On Orders

InstaCiti and/or Merchant will have the right to put necessary limits / restrictions on the Orders, including but not limited to the number of Orders by a particular Customer and minimum & maximum value of the Orders.

Limited Liability And Disclaimer

InstaCiti does not make available or make any representation, warranty or guaranty, express or implied, about the InstaCiti Services, InstaCiti Platform, InstaCiti URL and InstaCiti Mobile App, and to the fullest extent permitted by law disclaims all liability arising out of the Merchant’s use or reliance upon the same.

Apart from the other limitations and exclusions in these T&Cs, InstaCiti, its directors, officers, employees, agents or other representatives shall not be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to InstaCiti Services, InstaCiti Platform, InstaCiti URL and InstaCiti Mobile App. InstaCiti shall not be liable to the Customers for any product(s) or service(s) provided by the Merchant, or any liability in relation thereto. All claims pertaining to the same shall be directly settled by the Merchant. InstaCiti neither makes any representation or warranty as to specifics (such as quality, value, saleability, merchantability, etc.) of the product(s) or service(s) sold or offered to be sold or purchased on the InstaCiti Applications, nor does it implicitly or explicitly support or endorse the sale or purchase of any product(s) or service(s) on the InstaCiti Applications. InstaCiti accepts no liability for any error, omission, breach or non-performance, whether on behalf of it or third parties (including the Merchant). Any contract for sale of any product(s) or service(s) on InstaCiti Applications shall strictly be a bipartite contract between the Merchant and Customer. Merchant shall solely be responsible for order fulfilment, sale, efficacy, quality, quantity, merchantability, delivery and all other issues. InstaCiti shall not be responsible for any such aspects/issues and for any loss/damage in relation thereto, and in case of complaints from the Customer pertaining to such aspects/issues, InstaCiti shall notify the complaints to the Merchant. The Merchant shall be liable for redressing Customer’s complaints at the earliest. InstaCiti shall not be liable in case Merchant does not satisfactorily address said complaints. Customers shall have the right to initiate appropriate legal action against the Merchant. It is hereby clarified that InstaCiti is only a technology provider / intermediary / e-commerce facilitator and that InstaCiti is not performing any activity/job or providing services which may tantamount to it being a seller, retailer, stockist and/or distributor. InstaCiti has no role and responsibility in the actual sale, delivery or fulfilment of the Orders, and InstaCiti only provides a platform for facilitating Orders. Further, InstaCiti shall also not be responsible for any payment related issues at Merchant’s or Customer’s end (including but not limited to chargeback or refund related issues). Details of the items, products, menu, price list, etc. available on the InstaCiti Applications shall be based on the correct information provided by the Merchant, and InstaCiti shall not be answerable for any change or cancellation or unavailability. In addition to the above terms, the terms and conditions of the Merchant (if any) shall also be applicable in relation to the transactions specified in these T&Cs. Merchant shall inform such terms and conditions to the Customer in advance.

Termination

If you want to terminate your legal agreement with InstaCiti, you may do so by closing your account for the Services.

Please use the directions below to cancel your account:

Send email to support@instaciti.com with your request to delete your account. Please include: (i) your login ID email address; (ii) your name. Because email may be forged, you may be asked to verify that you are indeed the account owner.

InstaCiti may at any time, terminate its legal agreement with you:

if you have breached any provision of these Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms); if InstaCiti in its sole discretion believes it is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or Immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

Privacy/Data Protection

In the process of registration with InstaCiti and processing of Orders, InstaCiti may collect certain personally identifiable information about the Merchant such as name, email address, mobile phone number, contact details and bank account details.

We at InstaCiti are committed to protect the personal information of the Merchants and to take all reasonable precautions for maintaining confidentiality of the Merchant’s personal information. InstaCiti has adopted reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business and to include, technical, operational, managerial and physical security control measures so as to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. In this regard, InstaCiti has framed a privacy policy (“Privacy Policy”) which applies to the users of the InstaCiti Applications and other InstaCiti platforms. This Privacy Policy has been published in accordance with the (Indian) Information Technology Act, 2000 and the rules/regulations framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and is available on https://InstaCiti.in/privacy-policy.html. Privacy Policy has been designed and developed to help to provide for the following:

The type of personal information (including sensitive personal data or information) that we collect from the users. The purpose of collection, means and modes of usage of such personal information by InstaCiti. How and to whom InstaCiti will unveil such information. How InstaCiti will protect the personal information including sensitive personal data or information that is collected from the users. How users may access and/or modify their private information. InstaCiti reserves the right to use the personal information provided by the Merchants as per the terms of the Privacy Policy inter-alia for processing the Orders and for improvement of services, features and functionality of the InstaCiti Platform.

Merchant fully understands that usage of the InstaCiti Applications by the Customers may create or generate databases in respect of such Customers. All rights and ownership with respect to such database and information therein shall vest with InstaCiti. InstaCiti shall have the right to inter-alia use such Customer information/database for the purposes of research, analysis, business intelligence and improvement/development/advancement of InstaCiti Applications.

Any conversations / correspondences between the Merchant and Customer (including any WhatsApp conversations) shall be considered as private, and InstaCiti shall not deem to be a party to such conversations / correspondences.

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