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TERMS OF USE

PLEASE READ THESE TERMS OF USE, CAREFULLY. BY USING THIS MOBILE APPLICATION, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS MOBILE APPLICATION, IN ITS ENTIRETY.

  • DEFINITIONS
  1. “Customer(s)” means the Users who register on the Mobile application for taking a Product on rent (“Rental”)
  2. “End-to-End Facilitation Service(s)” shall mean the facilitation services being provided by the Mobile application to its Product Listers and shall include but not be limited to delivery, coordinating returns, facilitating the payment transactions between the Product Lister and Customer. 
  3. “Feature(s)” shall mean the core activities of the Mobile application which facilitates Customers to avail Services from trusted, validated Product Listers (whether individual or entity) through Mobile application. 
  4. “Facilitation Fees” shall mean the Fees payable by the Product Listers to the Mobile application.
  5. “User(s)”, “You”, “Your” means any person who browses, views, accesses, subscribes to the Mobile application.
  6. “Use” or “Using” means the browsing, accessing, viewing, and usage of the Mobile application by the Customer for taking the Products on rent.
  7. “We”, “Company”, “us” and “our” means Hodek Edge Private Ltd. a company registered under Companies Act, 2013, having its registered office at Survey No 732/A,  104B/105B, Leela Chambers, Leela Premises CHS Ltd. Pune-Satara Road, Bibwewadi Pune Maharasthra-411037 through the Administrator.
  8. “Mobile application” means the Mobile application “ispick” duly owned, operated and maintained by the Company.  Company and Mobile application may be used interchangeably in these Terms of Use.
  9. “Order” shall mean an order requesting Product Lister to supply Products on Rental basis as per desired quantity, quality, price, place, time of delivery on making full payment for the same on the Mobile application as per the terms of payment specified on the Mobile application.
  10. “Product(s)” shall mean and include used products, listed by the Product Listers for renting with the Users on the Mobile application, as detailed in Annexure A subject to approval of Company. 
  11. “Product Lister (s)” shall include individuals or entities that offer the Products on rent, through the Mobile application subject to approval of Company
  12. “Customer (s)” shall include individuals or entities that take products on rent for a specific period as listed by the product lister(s) on the mobile application subject to approval of Company.

 

  • INTRODUCTION
  1. Welcome to our Mobile application. Our Mobile application offers various Products on Rental basis to the Customer.  We are a ‘one stop destination’ for meeting the ay-to-day requirements of the Users whereby they shall be able to avail the Features of this Mobile application. If You continue to browse and Use this Mobile application, You are agreeing to comply with and be bound by these terms and conditions (the “Terms of Use”), which together with our privacy policy (the “Privacy Policy”) govern the Company’s relationship with You. 
  2. These Terms of Use are an electronic record within the terms of the Information Technology Act, 2000 and generated by a computer system and do not require any physical or digital signatures. These Terms of Use are published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“Rules”) that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of the Mobile application by Users of this Mobile application, being an intermediary for the purposes of the Rules and is posting these Terms of Use and Privacy Policy on this Mobile application to comply with the Rules.
  • USER ACCOUNT 
  1. In order to access the Mobile application, You are required to register and create a user account (the “User Account”). You may create the User Account by signing up with Your Google account or Facebook Account or by signing up with Your email ID. Post creation of the User Account, it shall be verified by OTP sent to Your registered mobile number and/or email ID. At the time of registration, You shall be required to share certain information such as Your full name, mobile no., address, city, state, email ID, bank account details, employment details(as applicable), etc. (the “Personal Information”) with the Company. You shall also be required to share Your selfie with clearly identifiable face image, PAN card copy, Aadhaar card copy, government ID for address verification etc. You are required to create User Account before availing any Feature of the Mobile application.  We may reach out to the User through email or call or message for verification of the Personal Information.
  2. You undertake and represent that the Personal Information provided by You is accurate, complete, and updated. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of Your User Account. You are responsible for maintaining the confidentiality of Your User Account, the Company shall not be liable in the event a third party interferes with Your User Account. 
  3. You understand and acknowledge that the manner in which the Personal Information is being collected or accessed by the Company has been exhaustively covered in our Privacy Policy and the Company shall not be responsible for authenticating the Personal Information submitted by You for renting on the Mobile application. 
  4. In the event You wish to delete Your User Account, you may do so. In such an event all Your Personal Information shall be deleted. The Company reserves the right in its sole discretion to accept/refuse/reject registration or cancel User Account without any obligation of explanation. You will immediately notify the Company in writing of any unauthorized use of Your User Account, or any other breach of security or other known account-related security breach. A User is restrained from assigning or transferring his/her User Account to any third party, without the prior written consent of the Company.
  5. The Users shall have the option to browse on the Mobile application, search the Products listed for Rental, however for placing an Order through the Mobile application, the User must create an account on the Mobile application. 
  • FEATURES OF THE MOBILE APPLICATION  

     A] LISTING OF PRODUCTS (General): 

  1. The Product Listers can list all their Products as per the Product category by providing details of the Products such as photographs, quality, quantity, pricing, availability of the Products and any other relevant details of the Products. The Customers understand that all claims relating to wrong or expired product and/or fake Product sold by the Product Listers shall be dealt with Product Listers directly. The Company shall not be responsible for the quality of the Products rented. The Company shall not be responsible for any claims related to the quality, size, shape, colour, look and feel, texture, style, etc. of the Products as they might appear different on the Mobile application. The Product Lister shall ensure that the details and information about the Products which are listed: 
  • shall not be inaccurate, fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, spurious, counterfeit, stolen goods;
  • shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party;
  • shall not consist of material that is an expression of bigotry, racism or based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and/or is in the nature of being derogatory, slanderous to any third party;
  • shall not be obscene, contain pornographic or other inappropriate content, encourage money laundering or illegal gambling or harm or could harm minors in any way or otherwise unlawful in any manner whatsoever in violation of any applicable laws for the time being in force.;
  • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any Products, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • The Company reserves the right to list multiple Products of same type or brand or multiple brands even if the listing price may vary for same Product of same brand.

    2. Process for Listing of Products: For Listing the Products on the Mobile application, the information relating to such Products shall be communicated to the administrator of the Mobile application (“Administrator”). The Administrator shall screen the listed Products and only those Products which, in the opinion of the Administrator, are suitable to be displayed on the Mobile application shall be uploaded. Any such decision taken by the Administrator same shall be final and binding upon the Product Listers who shall not dispute of question the same. Further, the Product Listers understand and acknowledge that the Customers and Users may report any listed Products to the Company for reasons including but not limited to, the inappropriateness of the Products and/or in violation of the applicable laws. Any decision taken by the Company with regard to such reported Products shall be final and binding upon the Product Listers, and the Product Listers shall not dispute or question such decision taken by the Company.

    B] RENTAL OF PRODUCTS: 

The Product Lister and Customer may be able to rent out the Products in the following manner:

  1. Usage of Products: The Customer shall abide by the Company policy relating to the “Usage of Products”.
  2. End-to-End Facilitation Service: Product Lister shall avail the End-to-End Facilitation Service of the Mobile application.  End-to-End Facilitation Services includes services like, product promotion, product verification, delivery and assurance services all jointly referred to as End-to-End Facilitation Services in consideration for which the Product Lister shall pay Facilitation Fees to the Mobile application. The Mobile application provides assurance services to the Product listers pursuant to the assurance program of the Company  (the “Assurance Program” )The Product Lister understands and acknowledges that this option is merely provided by the Company through the Mobile application, and the Company shall in no way be responsible for any consequences that may arise. The Company shall only be a facilitator and provide services of listing and delivery of products. The delivery of products will be facilitated by third party delivery partners of the Company.

    The Company shall not be held liable for any loss and/or damage caused to the product during transit/delivery by third party delivery partners to the Customer from the Product Lister and to the Product Lister from the Customer.

    Any return of the Products after expiry of rent period or for any other reason shall also be co-ordinated by the Mobile application. Once the product is returned to the Product Lister, it shall be the duty of the product lister to assess the product and check its quality and quantity. Complaints on defect in quality shall be raised by the product lister within 48 hours from the end of the rental period of product. (As per the Ispick Assurance T&C). Then Company shall then assess the complaint and reduce the security deposit if damage has occurred. The return of the Security Deposit shall be affected by the Company after assessing the condition of the Product. While assessing such condition, factors such as damage to the Product (if any) will be considered. If any damage, etc. is noticed by the Company, a deduction will be made from the security deposit.  Any decision taken by the Company in this regard shall be final and binding. 

    The Product Lister or Customer can cancel the Order for Rental subject to the then applicable cancellation (“ Cancellation Policy”)  as informed on the Mobile application.

      C] REVIEWS AND FEEDBACK OF PRODUCTS: 

Any User who has successfully completed a transaction using the Mobile application can rate a particular Product Lister through the Mobile application and provide its feedback relating to the same (“Feedback”). In case the Company receives a maximum of three (3) negative complaints against the Product Lister or Customer, the Company shall have the right to revoke or deactivate the User Account of such Product Lister or Customer

     D] DUTY OF PRODUCT LISTERS: 

The Product lister shall state the total rental period for which he/she wishes to rent product listed. The Product lister shall also state the dates on which the listed product shall not be available for rent.

The Product lister shall get messages from the Company for any enquiries made by any Customer for the product listed. The Product lister shall reply to the said enquiry within the time informed by the Mobile Application via in-app notification and/or sms. If the Product lister does not reply to the said enquiry before this time, the Company shall not be held liable for any loss of rental opportunity caused to the product lister for not answering to any enquiry.

  • PAYMENT
  1. Upon adding the Product on the Mobile application, the Product Lister must pay the Facilitation Fees to the Mobile application for an End-to-End Facilitation.
  2. For availing the End-to-End Facilitation Services, the Customer payments shall be received by the Company and Company after deducting the Facilitation Fees and any other charges as applicable shall disburse the balance amount to the Product Lister.The Company reserves the right to increase the Facilitation Fees percentage at its discretion without any advance notice to the Product Listers. The balance payments are disbursed to the Product Lister on each Order basis for Rentals.
  3. In the event of any third-party costs incurred by the Company on account of inferior quality of Product, the Company shall have a right to set off the costs debited by the Customer from the payments to be made to the or Product Lister.
  4. All fees are levied in Indian rupees and are inclusive of taxes.  
  5. Users shall pay to the Mobile application for the Products through various modes of payment
  • Debit Card/Credit Card/ IMPS/UPI.
  • Net Banking 
  • E-Wallets 

     or any other mode of payment as may be acceptable to the Company. The Mobile application is merely providing the User with payment channels through automated online electronic payments collection and remittance facility for the payment of Products by the Customer on the Mobile application using the existing authorized banking infrastructure and credit card payment gateway networks and shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of a Customer having exceeded the credit limit with its bank or for any payment issue arising out of the transaction. The Customers understand and acknowledge that the Company does not collect and/or store any payment related information on its servers and the same is accessed and processed by the third-party payment gateways at all times.

      6. Consideration for the Customers: The Customer understands that its access to the Mobile application and use of the Features therein in compliance with the Terms of Use and its obligation to Mobile application for the Products rented  through the Mobile application and the Product lister shall be an adequate consideration for its use of the Mobile application.

  • TAXES
  1. The Users shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) and any rules notified in connection therewith (collectively “GST Acts”) in respect of the Products being provided through the Mobile application. Product Lister shall be solely responsible for collection and remittance of applicable taxes with respect to the rental of the Products, to the relevant government authorities in a timely manner and Company shall not be responsible nor held liable for any non-compliance/contravention of applicable tax laws by the Product Lister. Product Lister hereby agrees to keep Company harmless and indemnified in this regard. The indemnity obligations of the Product Lister contained herein shall survive the termination of this Agreement. Company shall be liable to collect GST from the Product Lister in case of Rental transactions as applicable under Goods and Service Tax Act, 2017.
  2. Pursuant to the tax collection at source provisions under the GST Acts, the Mobile application would collect tax collection at source at applicable rates on net value of taxable supplies made through the Mobile application and remit to the appropriate Government.
  3. In case of any mismatches on account of tax collection at source, Product Lister shall be required to provide all relevant information to Company to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
  4. Product Lister shall also be required to provide GSTIN at the time of registration, without which Company will not be able to mention GST number on the Invoice raised on Product Lister and not be able to update in the GST filings. In case if the Product Lister updates the GST number at a later date, then the details of the transactions shall be updated on the GST portal only in respect of the transactions incurred post the date of updation on the portal.
  5. In case of Rental if GST is charged by the Customer, then GST paid by the Customer needs to be reflected on the GST portal of the Company. If the same is not reflected, then the Company has a right to terminate the Rental Order and block the Customer. Any GST collected by the Customer but not reflected on the portal will be debited against the amounts payable to the Customer.
  6. The Mobile application shall be charging a Tax collected at source (TCS) pursuant to the provisions of Goods and Services Tax Act 2017, as amended from time to time at the time of making the payment to Service Provider/Product Lister at the prevailing rates.
  7. TDS/TCS shall be deducted/collected by the Company as per the provisions of the Income Tax Act, 1961, as amended from time to time at the time of making the payment to Service Provider/ Product Lister. Company shall issue necessary TDS Certificate for the above-mentioned deductions.
  • USER CONTENT 

You understand that Company does not control, and is not responsible for content as provided by the User, messages between Users, content relating to the Products listed, files, images, photos, video, sounds, any other material made available through the Mobile application (“User Content“), and that by using the Mobile application and its Features, You acknowledge and agree that You are solely responsible for and must evaluate, and bear all risks associated with, the posting and use of any User Content. that You understand and acknowledge that the Company shall be pre-screening and approving the User Content and the Company has the right, in its sole and absolute discretion, to refuse, delete or move any User Content that is or may be available, for violating these Terms of Use and such violation being brought to Company’s knowledge. The Users shall be solely liable for any third party claim on account of the User Content. In connection with such User Content posted by You, You affirm, acknowledge, represent, warrant and covenant that You own or have and shall continue to have the necessary licenses, rights, consents, and permissions to use such User Content and authorize Company to use such User Content to enable inclusion and use of the User Content in the manner contemplated for availing the Features of the Mobile application and these Terms of Use.

  • DATA SECURITY AND OWNERSHIP
  1. You agree and undertake not to reverse engineer, modify, copy, post, distribute, transmit, display, perform, reproduce, publish, re-publish, license, create derivative works from, transfer, or sell any material, service or feature, information obtained from the Mobile application. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Mobile application is not permitted.
  2. All materials on this Mobile application, including but not limited to images, sound, audio, music, video, graphics, software, text, icons, underlying source code, software scripts etc. (the “Mobile application Content”), belong to the Company and are protected by relevant intellectual property rights laws. There are a number of proprietary logos, copyrights, know-how, patents, trade secrets, designs, layout, models, goodwill, service marks and trademarks on this Mobile application whether owned/used by the Company or otherwise. By displaying them on this Mobile application, the Company is not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use or attempt to use the Content may violate copyright laws, trademark laws, the laws of privacy, and civil and criminal statutes. 
  3.  If any of the material, service or feature information obtained from the Mobile application is reverse engineer, modified, copied, posted, distributed, transmitted, displayed, performed, reproduced, published, re-published, licensed, created derivative works from, transferred, or sold by “you”, in complete violation of the present terms and policy, the Company shall not be liable for any legal consequences and shall be indemnified by you from any civil or criminal liability arising out of any such activity.
  • THIRD PARTY CONTENT/ THIRD PARTY WEBSITES 

General third-party information such as, Product catalogues, Product description and specifications, links to third party websites and other data from external sources is made available on the Mobile application (“Third Party Content”). You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable or provided by the Product Listers in the process of advertising, exhibiting and offering to rent the Products on the Mobile application. All Third-Party Content is provided on an “As Is” and “As Available” basis. The Mobile application and Third-Party Content available through the Mobile application may contain links to other third-party websites (the “Third Party Websites“), which are completely unrelated to the Company. If You access the link to any Third-Party Websites, You may be subject to those Third-Party Websites’ terms and conditions and other policies. Company makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and Your linking to any other websites is completely at Your own risk and Company disclaims all liability thereto.

  • ANTI SPAM POLICY

You certify that You shall use the Mobile application in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using any of the Features of the Mobile application. Repeated violations or failures to comply with this anti-spam policy shall result in termination of Your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to Your violation of this anti-spam policy.

  • ADVERTISEMENTS 

The Mobile application may post, display, publish or provide advertisements at various places on the Mobile application. If You access any of these advertisements the terms and conditions of those links will govern Your usage. These advertisements might set cookies on their websites which may use Your data, information for various other links. You are advised to refer to the relevant terms and conditions of the respective advertisements to know more about their practice. The Company does not endorse, recommend, market or warrant the advertisements, or quality, suitability, merchantability, fitness, commitment, reasonability of the products offered by such advertisements.

  • REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  1. If You are a Product Lister, You represent that You own the Product or are duly authorized to rent the Product.
  2. Your Feedback regarding the quality of Services provided does not contain any confidential or proprietary information, belonging either to You or any other third party; the Company is not under any obligation of confidentiality, express or implied, with respect to the Feedback. 
  3. Product Lister shall provide warranties and other collaterals to the Customers as applicable to Product at the time of delivery of Product.
  4. Product shall confirm to the description and specification as provided in the Product Listing or Profile posted by the Product Lister on Mobile application, as the case may be.
  • PROHIBITED CONDUCT:

 You agree not to engage in any of the following activities:

  1. Violating laws and rights:

You shall not (a) use the Mobile application for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

     2. Solicitation:

You shall not use the Mobile application, or any information provided through the Mobile application for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.

     3. Disruption:

You shall not use the Mobile application in any manner that could disable, overburden, damage, or impair the Mobile application, or interfere with any other party’s use and enjoyment of the Mobile application; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Mobile application, or violating any regulation, policy, or procedure of any network, equipment, or server.

     4. Harming others:

You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or which incites the commission of an illegal act.

     5. Impersonation or unauthorized access:

You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Mobile application; You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Mobile application, or the computer systems or networks connected to the Mobile application, through hacking password mining or any other means.

  • INDEMNIFICATION

You agree to indemnify, defend and hold the Company, its partners, subsidiaries, affiliates, associates, successors, assigns and licensors or any of their respective officers, agents, vendors, licensors, representatives, advertisers, Product Listers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including attorneys’ fees), arising out of Your use of the Mobile application or resulting from any (i) breach or violation of these Terms of Use by You, or due to Your activities related to the Mobile application or due to any breach of applicable laws (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Mobile application or the Products and Services provided through the Mobile application; or (iii) any claim that any Third Party Content/Content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

  • DISCLAIMER AND LIMITATION OF LIABILITY

USER UNDERSTANDS THAT THE COMPANY IS JUST A FACILITATOR FOR THE PRODUCT LISTER, THE CUSTOMER AND USER TO TRANSACT THROUGH THE MOBILE APPLICATION AND IS NOT LIABLE FOR THE QUALITY, QUANTITY, FEATURES OF THE PRODUCTS LISTED BY THE PRODUCT LISTER.  THE COMPANY SHALL BE UNDER NO OBLIGATION, LIABILITY OR RESPONSIBILITY WHATSOEVER IN RESPECT OF ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY OUT OF USE OF PRODUCTS, BY THE USERS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO USE OF THE PRODUCTS OR SERVICES, ITS QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE MOBILE APPLICATION INCLUDING, WITHOUT LIMITATION, POSTINGS AND USER CONTENT ASSOCIATED WITH YOUR USE OF THE MOBILE APPLICATION, OR YOUR OWN INFORMATION AND DATA THAT YOU VOLUNTARILY SHARE ON THE MOBILE APPLICATION. THE COMPANY DOES NOT ENDORSE, RECOMMEND, MARKET OR WARRANT THE PRODUCTS OR QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS, COMMITMENT, REASONABILITY OF THE PRODUCTS AND THE CUSTOMER/USER USES THE SAME AT ITS OWN DISCRETION. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS FOR USE OF THE PRODUCTS AND SERVICES BY THE USERS. 

THE MOBILE APPLICATION CONTENT, FEATURES, PRODUCTS LISTED ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THAT ALL FEATURES, FUNCTIONS OR OPERATIONS THEREOF WILL BE AVAILABLE. THE MOBILE APPLICATION IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO, MENTAL AGONY SUFFERED BY THE USER DUE TO SUCH DELAY ON ACCOUNT OF DELIVERY OF PRODUCTS. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE MOBILE APPLICATION DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE MOBILE APPLICATION THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY’S CONTROL.  

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE MOBILE APPLICATION, THE COMPANY AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL PRODUCT LISTERS, ADVERTISERS, OR VENDORS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO THE USERS, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE PRODUCTS THROUGH THE MOBILE APPLICATION, OR FOR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCTS PROVIDED THROUGH THE MOBILE APPLICATION, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, THE MAXIMUM LIABILITY OF THE COMPANY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED RUPEES ONE THOUSAND (RS.1000/).

  • TERMINATION

You acknowledge and agree that Company, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate Your User Account, block Your e-mail or IP address, or otherwise terminate Your access to or use of the Mobile application (or any part thereof), immediately and without notice, and remove and discard any User Content, for any reason or no reason at all, including, without limitation, if Company believes that You have violated these Terms of Use. Further, You agree that Company shall not be liable to You or any third-party for any termination of Your access to the Mobile application or refund of any Subscription Fees or Listing Fees. Further, You agree not to attempt to use or access the Mobile application after any such termination. You, as the User, waive any claims against the Company for any loss and damage suffered by You on account of Your failure to comply with these Terms of Use. In the event where the User Account is terminated for any reasons whatsoever, all pending rental orders will be cancelled. Customers will be intimated of same. Mobile application will give an option to the Customers if they would like to get notifications of other Product Listers in same category and accordingly information will be shared by the Mobile application

  • MISCELLANEOUS 
  1. Force Majeure:

Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Mobile application or availability of the Products, resulting directly or indirectly from act of nature, natural forces, or causes beyond its reasonable control.

      2. Entire agreement:

These Terms of Use along with the Privacy Policy contain the sole legal understanding and agreement between You and the Company and supersedes any and all prior understandings. We reserve the right to terminate these Terms of Use, without prejudice to any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

      3. Changes:

We have and continue to have the right to modify, change, substitute, remove, suspend or update these Terms of Use or any information in it at any time by sufficiently highlighting on the Mobile application about such change. Such changes shall be effective immediately upon posting to the Mobile application. This Terms of Use was last modified

      4. Applicable law and dispute resolution:

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. Disputes arising under these Terms of Use shall be tried to be resolved amicably through a mediator appointed by consent of parties. If no amicable settlement is possible, such disputes shall be referred to a sole arbitrator, who shall be appointed by the Company. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996, as amended from time to time, and shall be held in Pune. The language of arbitration shall be English.

  • Contact Us:

If You have questions, feedback or concerns, grievances for reporting and removal of objectionable User Content on the Mobile application or regarding these Terms of Use, You can contact us as per this policy, or wish to make a complaint, please contact us at support@ispick.com.  If You want to report any abuse or infringement, please contact us at support@ispick.com.

   “I ACCEPT”

ANNEXURE A

 PRODUCTS

  • Electronics:
  1. Mobile Phones
  2. Laptops
  3. Tablets
  4. Cameras
  5. Car/Vehicle related electronic items such as car speakers, chargers, phone holders
  6. Computer related goods such as monitors, keyboards, mouse, input devices
  7. Headphones
  8. Speakers
  9. DVD/Blu ray players
  10. Water Purifiers
  11. Mixers/Grinders/Food Processors/hand blenders
  12.  Induction cooktops
  13. OTGs/ovens/microwave
  14. Toasters/sandwich makers
  15. Coffee makers/juicers
  16. Air Fryers
  17. Vacuum Cleaners


  • Musical Instruments:
  1. Guitars
  2. Keyboards
  3. Drum Kits
  4. Classical/Wind Instruments


  • Fashion:
  1. Mens Clothing
  2. Womens Clothing
  3. Childrens Clothing
  4. Watches
  5. Sunglasses
  6. Bags/Luggage/Wallets
  7. Imitation Jewellery



  • Fine Art/Home Décor:
  1. Paintings
  2. Idols/Figurines
  3. Clocks
  4. Artificial flora and fauna
  5. Mirrors
  6. Showpieces


  • Sports/Fitness/Outdoors Related Training Machine/Equipment For:
  1. Cricket
  2. Badminton
  3. Tennis
  4. Cycling
  5. Swimming
  6. Running
  7. Exercise/aerobics/fitness 
  8. Yoga 
  9. Camping/Hiking


  • Baby Products/Toys:
  1. Prams/Strollers
  2. Car seats
  3. Baby carriers
  4. Cribs, baby cots
  5. Walkers
  6. Baby gym
  7. Bouncy chairs



  • DVDs, Blueray discs of Movies, Music albums