Terms of Use

User Account, Password, and Security:

If You use the Platform, You shall be responsible for maintaining the confidentiality of your display name and password and You shall be responsible for all activities that occur under your display name and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block your access on the Platform.

If there is reason to believe that there is likely to be a breach of security or misuse of your account on the Platform ("Account"), We may request You to change the password or we may suspend your Account without any liability to Simpl, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from your failure to comply with this provision, or from any action we take hereunder.

In the event of a device being associated with multiple logins or sign ups, as a measure to enhance customer's security and privacy, as well as safeguarding your sensitive information for any potential risks, Simpl may control the number of devices that can access the Platform through a single Account.

Your [mobile phone number / email id] is treated as your primary identifier on the Platform, and which would allow you to access your Account. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through an OTP verification. You agree that Simpl shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform. You agree to immediately notify Simpl of any unauthorized use/breach of your password or Account.

If You share or allow others to have access to your Account, by creating separate profiles under your Account, or otherwise, they will be able to view and access your Account information, and You shall be solely liable and responsible for all the activities undertaken under your Account, and any consequences therefrom.

If You have not accessed Platform for a period of 2 (two) Years, your data (including transactional data) will be deleted from Our records, and You will not be able to access such data.

Services Offered

Simpl provides a number of internet-based services through the Platform. One such service allows the users to browse, search for, and peruse certain select products that are being marketed or promoted on the Platform on such terms as may be agreed between the relevant merchant and Simpl. Upon the user clicking on the product, the Platform shall redirect the user to the website of the merchant, where the merchant’s products will be displayed and will be available for users to search for, browse, select, and purchase.

Further, all transactions in relation to the purchase of products will be carried out on the website of the merchant where users will have the option of making payment through a payment mechanism hosted by Simpl, or through a third-party payment channel. All claims and disputes in relation to purchase of products through the merchant websites shall be addressed in accordance with the merchant’s contract with You and as per the terms and conditions of the merchant / seller, and Simpl shall bear no liability in relation to any such claims or disputes. You understand and acknowledge that Simpl is not liable for any losses arising out of issues (data breaches and the like) related to the merchant / seller website.

The websites of the merchants / sellers will also provide users with an option to avail discounts utilising coupons available to such users. The coupons may be issued by banks, non-banking financial companies or other payment service providers ("Coupon Providers”) with whom the merchant may have tie-ups. All claims and disputes in relation to discounts availed on any purchase of products through the Coupon Providers shall be addressed in accordance with the merchant’s contract with such Coupon Providers, and Simpl shall bear no liability in relation to any such claims or disputes.

For any products purchased through the payment services on the website of the merchant (“Simpl-Enabled Purchases”), Simpl shall provide users with the ability to:

• cancel the Simpl-Enabled Purchases from the Platform, subject to the relevant terms and conditions of the merchant concerned;
• track the Simpl-Enabled Purchases on the Platform;
• return or request for a refund on the Simpl-Enabled Purchases on the Platform, subject to the relevant terms and conditions of the merchant concerned; and
• review and provide feedback on the Simpl-Enabled Purchases on the Platform.

Simpl warrants that it has verified the merchant product description and other contents on the Platform. Simpl shall also comply with the duties to the extent applicable for an e-commerce entity under the Consumer Protection (E-Commerce) Rules, 2020 ("E-Commerce Rules”). The primary responsibility in relation to the product quality, guarantees and delivery are the responsibility of the respective merchants / sellers.

Covenants and Liabilities

You understand and acknowledge that all commercial/contractual terms are offered by and agreed to between You and the merchants alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Simpl does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and the sellers / merchants.

Simpl does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased by any merchant accessed through the Platform or using any related services offered by Simpl.

You understand and acknowledge that the merchant alone shall be involved in, and liable for, all activity in relation to the direct sale of products to You, and Simpl shall not be party to any such purchase transactions.

You understand and acknowledge that Simpl is not responsible for any non-performance or breach of any contract entered into between You and the sellers / merchants. Subject to the provisions of the E-Commerce Rules, Simpl cannot and does not guarantee that the concerned sellers / merchants will perform any transaction concluded on the website of such sellers / merchants.

At no time shall Simpl hold any right, title or interest over any products sold or offered to be sold by any merchant or seller. Subject to the provisions of the E-Commerce Rules, Simpl have no obligations or liabilities in respect of such contract entered into between You and the sellers / merchants.

You understand and acknowledge that Simpl is only providing a platform for communication, and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between You and the sellers / merchants. At no time shall Simpl have any obligations or liabilities in respect of any such contract. Subject to the provisions of the E-Commerce Rules, Simpl is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Simpl hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final product as ordered by the User.

User Conduct and Rules on the Platform

A User may be considered fraudulent or engaged in malicious activity if any of the following scenarios are met:

• Users do not provide OTPs for payment verification steps;
• User fails to produce adequate documents during the payment details or Account details verification;
• Misuse of another User's phone/email;
• User uses invalid address, email or phone no.;
• Overuse of a voucher code;
• Use of a special voucher not tagged to the email ID used;
• User returning the wrong product;
• User refuses to pay for an order, including for cash on delivery function;
• User involved in any snatch and run of any order;
• Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Simpl;
• User with excessive return orders; and
• Repeated request for monetary compensation for fake/used order.

Simpl does not facilitate business to business transaction between sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.

You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience or which abuses any of our policy and rules, or interrupt or causes to interrupt, or damages, the use of Our services by other users of Simpl.

You shall not use any false e-mail address, impersonate any person or entity, or otherwise mislead Simpl by sharing multiple addresses and phone numbers or transacting with malafide intention.

By accessing, viewing and/or posting any content to or in any specific dedicated page or section on the Platform, you accept and consent to the practices described in these Terms of Use and Privacy Policy, as well as any other terms prescribed by Simpl on the Platform. You agree and undertake that when accessing, viewing and/or posting any content on these pages, You will not imitate, abuse, harass, any customer/User/seller, or violate and exploit, any of these Terms of Use of the Platform.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to those being displayed on (or accessible through) the Platform or otherwise related to us.

Feedback

While posting user reviews / feedback on purchased products on the Platform, You accept and consent to the practices described in these Terms of Use and Privacy Policy, as well as any other terms prescribed by Simpl on the Platform. You agree and undertake that when posting any user reviews / feedback, You will not imitate, abuse, harass, any customer/User/seller, or violate and exploit, any of these Terms of Use of the Platform.

Disclaimer of warranties and liability

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through the Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Simpl does not warrant that Platform will be constantly available, or available at all or the information on Platform is complete, true, accurate or non-misleading.

Payment

While availing any of the payment method/s available on the website of the merchant, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

• Lack of authorization for any transaction/s;
• Exceeding the preset limit mutually agreed by You and between bank/s;
• Any payment issues arising out of the transaction; or
• Decline of transaction for any other reason/s,Your relationship with Simpl is on a principal to principal basis and by accepting these Terms of Use, you agree that Simpl is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Simpl’s Platform. Simpl is not liable for anything that takes place on the website of the merchant / seller.

You, as a buyer, understand that upon initiating a transaction, You are entering into a legally binding and enforceable contract with the seller to purchase the products and /or services from the seller using the payment facility on the website of the merchant.

Buyer's arrangement with Issuing Bank: All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the buyer and the respective issuing bank and payment instrument issuing company.

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank, which supports payment facility to provide these services to the users. All such online bank transfers carried out through various payment modes are also governed by the terms and conditions agreed to between buyer and the respective issuing bank.

E-Platform for Communication

You agree, understand, and acknowledge that Simpl is an online platform that enables you to purchase products by redirecting you to the website of the merchant. You further agree and acknowledge that Simpl is only a facilitator and is not and cannot be a party to or control in any manner any transactions on undertaken on the website of the seller / merchant.

Indemnity

You shall indemnify and hold harmless Simpl, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark, Copyright and Restriction

Platform is controlled and operated by Simpl and products are sold by sellers/merchants on their respective website. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Simpl Platform is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly, and You must not assist any other person to do so.

Without the prior written consent of the owner, modification of the materials, use of the materials on any other networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause, and is prohibited. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service.

However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocable, unconditional, perpetual and worldwide licence and right to Us to use the content for reasonable business purpose.

Limitation of Liability

In no event shall Simpl be liable for any indirect, punitive, incidental, special, or consequential damages, or any damages resulting from:

• the use or the inability to use the services or products purchased from the merchants / sellers;
• unauthorized access to or alteration of the user's transmissions or data through no fault of Simpl;
• breach of condition, representations or warranties by the manufacturer of the products;
• any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform. Simpl shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Simpl.

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The User understands and agrees that any material and/or data downloaded from the Platform is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extent that is permissible under law, Simpl’s aggregate liability shall be limited to an amount equal to of the fees earned by Simpl in relation to the product bought by You through the merchant website.

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Termination

Simpl may suspend or terminate your use of the Simpl or any related service if it believes, in its sole and absolute discretion, that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or in any way otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Simpl chooses to terminate them.

If You or Simpl terminates your use of the Platform, Simpl may delete any content or other materials relating to your use of the service and Simpl will have no liability to you or any third party for doing so.

Simpl may unilaterally terminate your Account on any event as mentioned under paragraph 4 (User Conduct and Rules on the Platform) above.

If You use any false e-mail address or use the Platform for any unlawful or fraudulent purposes, which may cause annoyance and inconvenience or abuses any of our policies and rules, or mislead Simpl by sharing multiple address and phone numbers or transacting with malafide intentions, then Simpl reserves the right to refuse access to the Platform and terminate your Account including any linked accounts without notice to you.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Platform is presented solely for the purpose of use in India. Simpl make no representation that materials in the Platform are appropriate or available for use in other locations/countries other than India. Those who choose to access Platform from other locations/countries other than India do so on their own initiative and Simpl is not responsible for supply of products/refund for the products ordered from other locations/countries other than India, or any compliance with local laws, if and to the extent local laws are applicable.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore. The place of jurisdiction shall be exclusively in Bangalore.

Disclaimer

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Simpl. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products, and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the merchant or sellers or manufacturers of the products.

zzWe further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted through the Platform or any related services, or any content in this regard (including product or pricing information and/or specifications). While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services, and related graphics are provided as is, without warranty of any kind.

Grievance Officer

In accordance with Information Technology Act 2000 and rules made thereunder and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Name: Nilay Sule
Email ID: grievanceofficer_nilay@getsimpl.com or grievanceofficer_apoorva@getsimpl.com