CLOUDMART

TERMS AND CONDITIONS

Effective Date: 30-09-2025

Platform: www.cloudmartindia.com | Contact: info@cloudmartindia.com

Cloud Mart, Gauribidanur, Chickaballapur, Karnataka, India

Welcome to Cloud Mart ("we," "us," "our"). This website, www.cloudmartindia.com, is operated by Cloud Mart [Partnership Firm], a firm registered under the Indian Partnership Act, 1932. Throughout the site, "we," "us," and "our" refer to Cloud Mart.

By accessing, registering, browsing, or purchasing products on our platform, you agree to be legally bound by the following Terms and Conditions ("Terms"), including all policies, guidelines, and documents referenced herein, which are incorporated by reference.

If you do not agree with these Terms, you must immediately cease using our platform and services.

 

1. Definitions

1.1 "Platform" – The website www.cloudmartindia.com, any associated mobile applications, and all related services operated by Cloud Mart.

1.2 "User" / "You" – Any individual or entity accessing or using the Platform, whether as a guest, registered buyer, or seller.

1.3 "Buyer" / "Customer" – A User who purchases or intends to purchase products or services through the Platform.

1.4 "Seller" / "Merchant" – A User or business entity that lists, sells, or supplies products via the Platform pursuant to a valid Seller Agreement.

1.5 "Services" – The e-commerce marketplace, payment facilitation, logistics facilitation, seller management tools, and all related services provided by Cloud Mart.

1.6 "Products" – Goods and services offered for sale by Sellers on the Platform.

1.7 "Applicable Laws" – All applicable laws, rules, regulations, and guidelines in force in India, including but not limited to the Consumer Protection Act, 2019, the Information Technology Act, 2000, the GST laws, and the Indian Partnership Act, 1932.

 

2. Eligibility

2.1 You must be at least 18 years of age to use this Platform. Persons below 18 years of age may use the Platform only with the express consent and active supervision of a parent or legal guardian, who shall be bound by these Terms on their behalf.

2.2 By using the Platform, you represent and warrant that you have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872.

2.3 Sellers must hold valid business registrations applicable to their trade (e.g., GSTIN, FSSAI licence, Drug Licence, BIS certification) and must comply with all Applicable Laws. Sellers must enter into a separate Seller Agreement with Cloud Mart prior to listing any products.

2.4 Cloud Mart reserves the right to refuse access or registration to any person or entity at its sole discretion without assigning any reason.

 

3. Account Registration and Responsibility

3.1 To access certain features of the Platform, you must register and create an account by providing accurate, complete, and current information as prompted during the registration process.

3.2 You are solely responsible for maintaining the confidentiality and security of your account credentials (username, password, OTP). You must not share your credentials with any third party.

3.3 Any and all activity conducted under your account shall be deemed to have been undertaken by you. Cloud Mart shall not be liable for any loss or damage arising from your failure to secure your account.

3.4 You must notify Cloud Mart immediately at info@cloudmartindia.com upon becoming aware of any unauthorised access to or use of your account.

3.5 Providing false, inaccurate, or misleading information during registration, or misusing your account, will result in immediate suspension or permanent termination of your account.

 

4. Buyer Terms

4.1 Buyers must provide accurate and complete shipping, billing, and contact information when placing an order. Cloud Mart and Sellers shall not be liable for non-delivery or errors arising from incorrect information provided by the Buyer.

4.2 All orders are subject to product availability, applicable pricing, and the Seller's acceptance of the order. Placement of an order does not constitute a binding contract until the Seller confirms acceptance.

4.3 Risk of loss, damage, or deterioration of products shall pass to the Buyer upon delivery of the product to the Buyer's designated delivery address or upon the Buyer's collection of the product, whichever occurs first.

4.4 Buyers must not misuse the return and refund policies of the Platform. Fraudulent chargebacks, false return claims, or abuse of the returns process may result in account suspension, recovery proceedings, and/or reporting to law enforcement authorities.

4.5 Buyers are responsible for inspecting products upon delivery. Where applicable, Buyers must record an unboxing video and photograph evidence for any claims relating to damage, defects, or incorrect items, as required under the Return and Refund Policy.

 

5. Seller Terms

5.1 Sellers must ensure that all products listed on the Platform are genuine, duly authorised for sale, and fully compliant with all Applicable Laws, including GST registration, FSSAI licensing, Drug Licences, BIS certification, Legal Metrology requirements, and any other sector-specific regulations.

5.2 The following are strictly prohibited on the Platform: counterfeit, infringing, or trademark-violating goods; illegal, restricted, or banned products under Indian law; products unsafe for consumer use; and any products listed in Cloud Mart's Prohibited Products Policy.

5.3 Sellers are responsible for timely order fulfilment within agreed SLAs, accurate and non-misleading product descriptions, correct pricing (inclusive of applicable taxes where required), and compliance with Cloud Mart's quality and operational standards.

5.4 Sellers must not manipulate, solicit, or incentivise customer ratings, reviews, or feedback. Pricing manipulation or predatory pricing practices are prohibited.

5.5 Cloud Mart reserves the right to delist products, withhold or adjust payouts, impose penalties, or suspend or permanently terminate Seller accounts for any violation of these Terms, the Seller Agreement, or Applicable Laws, with or without prior notice depending on the severity of the violation.

5.6 Sellers must comply with the Consumer Protection (E-Commerce) Rules, 2020, including disclosure of seller identity, registered address, GSTIN, and customer care contact details on the product listing page.

 

6. Prohibited Uses

You agree not to use the Platform, directly or indirectly, for any of the following purposes:

•         Any unlawful, fraudulent, deceptive, or criminal purpose under Indian law

•         Distributing malware, spyware, ransomware, viruses, spam, unsolicited communications, or any harmful code

•         Infringing upon the intellectual property rights (copyright, trademark, patent, trade secret) of any third party

•         Misrepresenting your identity, impersonating any person or entity, or providing false credentials

•         Engaging in fraudulent transactions, including fake orders, false chargebacks, or payment fraud

•         Scraping, data mining, or harvesting Platform data using automated tools without express written consent from Cloud Mart

•         Interfering with, disrupting, or attempting to gain unauthorised access to Platform systems, servers, or networks

•         Posting, transmitting, or uploading obscene, defamatory, hateful, or discriminatory content

•         Circumventing any security, access control, or fraud prevention measures implemented by Cloud Mart

 

7. Pricing, Payments, and Billing

7.1 All prices displayed on the Platform are in Indian Rupees (INR) and are inclusive of applicable taxes unless explicitly stated otherwise. Prices, offers, and product descriptions are subject to change by Sellers without prior notice, subject to any active order commitments.

7.2 Cloud Mart reserves the right to cancel or limit orders at its discretion, including in cases of pricing errors, suspected fraud, or product unavailability, with a full refund issued to the Buyer.

7.3 Payment processing is facilitated through third-party payment gateway service providers. By making a payment on the Platform, you agree to be bound by the terms and privacy policies of the applicable payment gateway. Cloud Mart is not responsible for payment gateway failures, delays, or errors beyond its control.

7.4 Cloud Mart may withhold, delay, or adjust Seller payouts in cases of active disputes, suspected fraudulent activity, policy violations, regulatory requirements, or chargebacks, as further governed by the Seller Agreement.

7.5 TDS (Tax Deducted at Source) under Section 194-O of the Income Tax Act, 1961 shall be deducted at the applicable rate from Seller payouts. GST on platform service fees shall be charged at the prevailing rate. Annual TDS certificates will be issued to Sellers as required by law.

 

8. Shipping, Delivery, and Returns

8.1 Delivery timelines displayed on the Platform are indicative estimates only and may vary due to logistics, geographic factors, or force majeure events. Cloud Mart does not guarantee delivery within any specific timeframe unless expressly committed in writing.

8.2 Responsibility for order fulfilment, packaging, and dispatch lies with the respective Seller, unless Cloud Mart Fulfillment Services (CFS) has been selected for that order, in which case Cloud Mart assumes fulfillment responsibility.

8.3 For all returns, refunds, replacements, and cancellations, please refer to Cloud Mart's Return and Refund Policy, available at www.cloudmartindia.com/returns-policy. The Return and Refund Policy is incorporated into these Terms by reference.

8.4 Buyers are required to retain all original packaging, tags, and accessories and to follow the evidence submission requirements (photo and video proof) as specified in the Return and Refund Policy when raising any return or refund claim.

 

9. Intellectual Property

9.1 All content on the Platform — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software — is the property of Cloud Mart or its content suppliers and is protected under the Copyright Act, 1957, Trade Marks Act, 1999, and other applicable Indian and international intellectual property laws.

9.2 Users may not copy, reproduce, republish, upload, post, transmit, distribute, modify, or exploit Platform content in any form or by any means without the express prior written permission of Cloud Mart.

9.3 The Cloud Mart name, logo, and related marks are trademarks of Cloud Mart. Unauthorised use of any Cloud Mart trademark is strictly prohibited and may constitute infringement.

9.4 Sellers represent and warrant that they hold all necessary intellectual property rights, licences, and permissions for any content they upload to the Platform, including product images, descriptions, and brand names.

 

10. User-Generated Content (Reviews, Feedback, Comments)

10.1 By submitting reviews, ratings, feedback, comments, or any other content on the Platform ("User Content"), you grant Cloud Mart a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media, for any lawful purpose, without further consent or compensation to you.

10.2 You represent that your User Content is original, accurate, and does not infringe any third-party rights. You must not post content that is unlawful, defamatory, obscene, fraudulent, misleading, harassing, or that violates any Applicable Laws.

10.3 Cloud Mart reserves the right to remove, edit, or decline to publish any User Content at its sole discretion without notice or liability.

10.4 Cloud Mart does not endorse any User Content and expressly disclaims any liability arising from User Content posted by third parties.

 

11. Third-Party Links and Services

11.1 The Platform may contain hyperlinks to third-party websites, services, or resources. These links are provided for information and convenience only. Cloud Mart has no control over the content, privacy policies, or practices of third-party websites and expressly disclaims all liability for them.

11.2 Accessing third-party links is done entirely at your own risk. Cloud Mart recommends that you review the terms and privacy policies of any third-party websites you visit.

 

12. Privacy and Data Protection

12.1 Cloud Mart is committed to protecting the personal data of its Users in accordance with the Digital Personal Data Protection Act, 2023 (DPDPA) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

12.2 Your personal information is collected, stored, processed, and used in accordance with Cloud Mart's Privacy Policy, which is available at www.cloudmartindia.com/privacy-policy and is incorporated into these Terms by reference. Please read the Privacy Policy carefully before using the Platform.

12.3 By using the Platform, you consent to the collection and processing of your personal data as described in the Privacy Policy.

12.4 Cloud Mart implements reasonable technical and organisational security measures to protect personal data against unauthorised access, loss, or misuse. However, no method of data transmission or storage is completely secure, and Cloud Mart cannot guarantee absolute security.

 

13. Grievance Redressal

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Cloud Mart has appointed a Grievance Officer to address complaints and concerns raised by Users:

 

Grievance Officer: Rakesh Km

Email: rakesh@cloudmartindia.com

Address: Cloud Mart, Gauribidanur, Chikkaballapur, Karnataka, India — [Insert Full Office Address]

Response Time: Acknowledgement within 24 hours; Resolution within 15 days of receipt of complaint.

 

14. Limitation of Liability

14.1 Cloud Mart operates as a technology intermediary and marketplace facilitating transactions between Buyers and Sellers. Cloud Mart is not a party to any transaction between Buyers and Sellers, except for any Cloud Mart-branded products directly sold by Cloud Mart.

14.2 To the maximum extent permitted by Applicable Laws, Cloud Mart shall not be liable for: (a) any indirect, incidental, special, punitive, or consequential damages; (b) loss of profits, revenue, data, goodwill, or business opportunities; or (c) any loss arising from a Seller's actions, product defects, or misrepresentations.

14.3 Cloud Mart's total aggregate liability for any claim arising from or in connection with these Terms or the use of the Platform shall not exceed the total value of the specific transaction giving rise to the claim.

14.4 Nothing in these Terms shall limit or exclude Cloud Mart's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under Applicable Laws.

 

15. Indemnity

15.1 You agree to indemnify, defend, and hold harmless Cloud Mart, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, employees, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and legal fees arising out of or related to:

•         Your access to or use of the Platform

•         Your violation of any provision of these Terms

•         Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights

•         Any fraudulent, abusive, or illegal activity conducted through your account

•         Any product listed, sold, or supplied by you as a Seller

 

16. Termination and Suspension

16.1 Cloud Mart reserves the right to suspend, restrict, or permanently terminate your access to the Platform and/or your account, with or without prior notice, in the following circumstances:

•         Breach of any provision of these Terms or any Cloud Mart policy

•         Engagement in fraudulent, abusive, deceptive, or illegal activity

•         Failure to comply with legal, regulatory, or court-ordered requirements

•         Non-payment of dues or repeated chargeback abuse

•         Conduct harmful to other Users, Cloud Mart, or third parties

16.2 Upon termination, your right to use the Platform ceases immediately. Cloud Mart shall not be liable for any loss or damage resulting from account termination carried out in accordance with these Terms.

16.3 Any provisions of these Terms which by their nature should survive termination (including indemnity, limitation of liability, intellectual property rights, and governing law) shall continue to apply after termination.

 

17. Force Majeure

17.1 Cloud Mart shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters (floods, earthquakes, cyclones), pandemics or epidemics, war, civil unrest, strikes or industrial actions, government orders or sanctions, internet or telecommunications outages, or cyberattacks.

17.2 Cloud Mart shall notify affected Users as soon as practicable and will use commercially reasonable efforts to resume normal operations at the earliest opportunity.

 

18. Governing Law and Dispute Resolution

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

18.2 Any disputes arising out of or in connection with these Terms, the Platform, or any transaction conducted thereon shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore, Karnataka, India.

18.3 Before initiating any legal proceedings, the parties agree to attempt in good faith to resolve disputes through direct negotiation for a period of 30 days from the date of written notice of the dispute. If the dispute is not resolved within this period, either party may pursue formal legal remedies.

18.4 For consumer disputes, Buyers may also approach the relevant Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019, or the online dispute resolution mechanism as notified by the Central Government.

 

19. Severability and Waiver

19.1 If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

19.2 Cloud Mart's failure or delay in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver of such right, remedy, power, or privilege, nor shall any single or partial exercise of any right preclude any further exercise thereof.

 

20. Changes to These Terms

20.1 Cloud Mart reserves the right to amend, update, or modify these Terms at any time. Updated Terms will be posted on the Platform with a revised Effective Date.

20.2 For material changes that significantly affect User rights or obligations, Cloud Mart will provide at least 15 days' prior notice via email to registered Users or via a prominent notice on the Platform.

20.3 Your continued access to or use of the Platform after the revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must cease using the Platform and may close your account.

 

21. Entire Agreement

These Terms, together with the Privacy Policy, Return and Refund Policy, Seller Policy (as applicable), and any other policies or guidelines published on the Platform, constitute the entire agreement between you and Cloud Mart with respect to your use of the Platform and supersede all prior and contemporaneous agreements, representations, and understandings.

 

22. Contact Information

For any questions, concerns, or notices regarding these Terms, please contact us:

 

Email: info@cloudmartindia.com

Grievance Email: rakesh@cloudmartindia.com

Address: Cloud Mart, Gauribidanur, Chickaballapur, Karnataka, India

Website: www.cloudmartindia.com