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Terms & Conditions

Last Updated: 07 Oct 2025

Section 1: Introduction

These Terms and Conditions of Use (“Terms,” “Terms of Service,” or “Agreement”) constitute a legally binding contract between you (“User,” “Customer,” or “You”) and PenjuMart, a sole proprietorship registered and operating under the laws of India, with its principal place of business at Kantabanji, Balangir District, Odisha, India, 767039 (“We,” “Us,” or “Our”).

By accessing, registering on, or using our website https://penjumart.com (“Website”) and mobile application (“App”), including but not limited to browsing products, creating an account, placing orders, or availing related services (collectively, the “Services”), you acknowledge that you have read, understood, and agreed to be bound by these Terms.

These Terms govern your use of the Platform and Services and shall apply equally to all visitors, registered users, customers, and any other person accessing or using the Platform in any manner. If you do not agree with these Terms, you must immediately discontinue use of the Platform and refrain from accessing the Services.

This Agreement is to be read together with our Policies, including but not limited to the Privacy Policy, Cancellation Policy, Refund & Return Policy, Shipping & Delivery Policy, and any other policies made available on the Platform from time to time. Collectively, these documents form an integral part of the contractual relationship between You and Us.

The Company reserves the right, at its sole discretion, to modify, update, or amend these Terms at any time to reflect operational, legal, or regulatory changes. All amendments shall be effective upon posting on the Website or App, unless otherwise specified. Where changes are material in nature, Users shall also be notified through email or in-app notifications. Continued use of the Platform and Services after such modifications shall constitute Your acceptance of the revised Terms.

By using the Platform, you represent and warrant that you are at least 18 years of age, legally competent to enter into binding contracts under the Indian Contract Act, 1872, and are not disqualified from entering into such contracts by any applicable law.

Section 2: Definitions

For the purposes of these Terms, unless the context otherwise requires, the following capitalized terms shall have the meanings ascribed to them below. Words importing the singular include the plural and vice versa, and words importing any gender include all genders.

  1. “Account” means the registered account created by a User on the Website or App for accessing and using the Services, including but not limited to placing orders, viewing order history, and managing personal details.

  2. “App” refers to the official mobile application of PenjuMart, made available on Android platforms (and on iOS platforms if and when launched), through which Users may access the Services.

  3. “Applicable Law” means all statutes, enactments, laws, ordinances, rules, regulations, notifications, guidelines, policies, directions, directives, and orders issued or enacted by any governmental authority having the force of law in India, including but not limited to the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Arbitration and Conciliation Act, 1996, as amended from time to time.

  4. “Cancellation & Refunds Policy” means the policy published on the Website and App which governs the terms relating to cancellations, returns, and refunds of Products purchased by Users.

  5. “We,” “Us,” or “Our” refers to PenjuMart, a sole proprietorship established and operating in India, with its principal place of business at Kantabanji Town, Balangir District, Odisha, India.

  6. “Content” means all information, data, text, graphics, images, logos, audio, video, software, user-generated reviews, photographs, or any other material accessible on the Website or App, whether created by the Company or uploaded by Users.

  7. “Grievance Officer” means the designated officer appointed by PenjuMart for handling consumer complaints, grievances, or disputes, in accordance with the Consumer Protection (E-Commerce) Rules, 2020.

  8. “Order” means a purchase request placed by a User for one or more Products offered on the Website or App, whether prepaid or Cash on Delivery.

  9. “Payment Gateway” refers to third-party service providers, including Razorpay, authorized by the Company to process electronic payment transactions made by Users on the Website and App.

  10. “Platform” collectively refers to the Website and App operated by PenjuMart through which the Services are offered.

  11. “Privacy Policy” means the policy published on the Website and App which governs the collection, use, storage, and disclosure of personal data and information of Users.

  12. “Product(s)” means the goods, items, or merchandise listed, advertised, and made available for purchase by Users on the Website or App, including but not limited to groceries, daily essentials, personal care and beauty products, household cleaning supplies, stationery items, and other categories as may be introduced from time to time.

  13. “Services” means the e-commerce services provided by PenjuMart, including the listing, marketing, sale, purchase, and delivery of Products to Users through the Platform, along with customer support and ancillary services.

  14. “Terms” or “Agreement” means these Terms and Conditions of Use, including all schedules, annexures, amendments, supplements, and policies (such as the Privacy Policy and Cancellation & Refunds Policy), as may be updated from time to time.

  15. “User,” “You,” or “Your” means any individual who accesses, browses, registers on, or uses the Website or App, including but not limited to customers purchasing Products or visitors merely browsing the Platform.

  16. “Website” refers to the official website of PenjuMart accessible at https://penjumart.com, including all its sub-domains, content, and related services.

Section 3: Eligibility

  1. Age Requirement
    Use of the Website https://penjumart.com (“Website”) and the mobile application (“App”) is strictly limited to individuals who are at least eighteen (18) years of age or older. By registering for an Account, accessing, or using the Platform and Services, you represent and warrant that you are of legal age and competent to contract under the provisions of the Indian Contract Act, 1872.

  2. Legal Capacity
    Persons who are “incompetent to contract” under the Indian Contract Act, 1872, including but not limited to minors, un-discharged insolvents, and persons of unsound mind, are not eligible to use the Platform or avail of the Services.

  3. Prohibition for Minors
    If you are under 18 years of age, you may not register for an Account or access the Services, whether directly or indirectly. PenjuMart does not knowingly collect or solicit personal information from individuals below the age of 18 years. In the event that such information is inadvertently collected, the Company reserves the right to immediately terminate such Accounts and delete all associated personal data in compliance with Applicable Law.

  4. Geographical Limitation
    The Services are currently offered only within designated serviceable areas in India, including Kantabanji Town and certain surrounding areas of Balangir District, Odisha. Users residing outside India or attempting to access the Services from outside India are not permitted to use the Platform.

  5. Prohibited Users
    The Company reserves the right to refuse access to the Platform or terminate Accounts of Users who:

    • Provide false, incomplete, or misleading information during registration.

    • Have been previously suspended or removed from the Platform.

    • Engage in activities that violate these Terms, our Policies, or Applicable Law.

  6. Corporate or Bulk Users
    The Platform is intended solely for personal and household consumption. Users are expressly prohibited from registering for Accounts or placing Orders with the intent of reselling, redistributing, or engaging in bulk/commercial purchases without prior written authorization from PenjuMart.

Section 4: User Account and Registration

  1. Account Creation Requirement
    In order to access and use the Services provided through the Website https://penjumart.com (“Website”) or the mobile application (“App”), including but not limited to browsing product listings, placing Orders, and availing of delivery services, Users are required to register for a personal user account (“Account”). The Platform does not permit guest checkout, and no Order shall be processed without the successful creation of a valid Account.

  2. Mandatory Information
    At the time of registration, Users are required to furnish accurate, complete, and up-to-date personal information, including but not limited to:

    • Full Name (including gender identification where applicable),

    • Mobile Phone Number,

    • Email Address,

    • Residential/Delivery Address, and

    • Such other details as may be requested by PenjuMart from time to time for lawful business or compliance purposes.

    Users acknowledge and agree that failure to provide complete and accurate information may result in denial of access to the Services or cancellation of Orders.

  3. Optional Permissions
    The Platform may, with the User’s consent, request access to the User’s device camera, photos, media files, or storage for the limited purposes of:

    • Uploading a profile photograph,

    • Submitting product reviews, feedback, or ratings,

    • Providing Know Your Customer (KYC) documentation where required for purchase of electronics, restricted, or high-value goods,

    • Uploading supporting documents or images as part of Customer Support or dispute resolution.

    Such access shall be governed by the Privacy Policy and shall not be used for any purposes unrelated to the Services.

  4. Accuracy of Information
    Users undertake to provide only true, current, and accurate information at the time of registration and further undertake to promptly update such information as and when changes occur. The Platform shall not be liable for any loss, damage, or delay arising out of inaccurate or outdated information provided by the User.

  5. Account Security and Confidentiality
    Users shall be solely responsible for maintaining the security and confidentiality of their Account credentials, including but not limited to login username, password, and any one-time passwords (OTPs) or authentication codes. Users expressly agree that:

    • They shall not share, assign, or otherwise permit third parties to use their Account.

    • Any activity carried out through the Account shall be deemed to have been authorized by the registered User.

    • The Platform shall not be held liable for unauthorized access to or use of an Account due to User negligence, loss of device, or compromise of login credentials.

  6. Multiple or Duplicate Accounts
    Users shall not create multiple or duplicate Accounts for the same individual or household, whether for availing discounts, promotional offers, or otherwise. The Platform reserves the right to suspend, merge, or permanently deactivate any duplicate Accounts found to be in violation of this clause.

  7. Suspension or Termination of Accounts
    PenjuMart reserves the right, at its sole discretion and without prior notice, to suspend or terminate Accounts under the following circumstances:

    • Misuse of the Account,

    • Violation of these Terms or the Policies,

    • Detection of fraudulent or suspicious activity,

    • Provision of false or misleading information during registration or thereafter, or

    • Engagement in unlawful activity through the Platform.

    Upon termination, the User shall immediately cease to access or use the Platform and any Services.

  8. Responsibility of the User
    Users are solely responsible for all actions taken under their Account, including Orders placed, payments made, communications sent, and reviews or content uploaded. The Platform shall not bear any liability arising from the misuse of an Account, whether by the User, family members, or unauthorized third parties.

Section 5: User Responsibilities and Prohibited Activities

5.1 Compliance with Law

By accessing or using the Website https://penjumart.com and/or the mobile application (collectively, the “Platform”), Users agree to comply with all applicable laws, rules, regulations, and guidelines issued by governmental, judicial, or regulatory authorities in India. Users shall not use the Platform for unlawful, fraudulent, or unauthorized purposes or for any activity that harms the integrity, reputation, or lawful operations of PenjuMart.

5.2 Accuracy of Information

Users must ensure that all information provided, including personal details, delivery addresses, and payment details, is complete, accurate, and up to date. The Company shall not be responsible for failed deliveries, payment errors, or losses caused by inaccurate or incomplete information.

5.3 Account Security

Users are solely responsible for maintaining the confidentiality of their login credentials (username, password, OTPs, etc.). Any activity carried out through a registered account shall be deemed authorized by the User. The Company disclaims liability for misuse of an account by family members, minors, or unauthorized third parties. Users must promptly notify the Platform of any unauthorized use of their account.

5.4 Responsible Use of Services

Users agree to use the Services responsibly, including but not limited to:

  • Placing genuine orders for personal or household consumption.

  • Respecting delivery timelines and being available to receive orders.

  • Not misusing promotional discounts, coupons, or offers.

  • Not engaging in bulk buying or resale without prior written consent of the Company.

  • Cooperating with the Platform for verification, KYC, or compliance checks when required.

5.5 User Content and Reviews

Users may be permitted to upload or submit reviews, ratings, feedback, photographs, or other content (“User Content”). By doing so, Users agree that:

  • User Content shall not be defamatory, obscene, offensive, infringing, unlawful, or misleading.

  • Users grant PenjuMart a worldwide, perpetual, royalty-free, irrevocable, and transferable license to use, reproduce, display, publish, or distribute such User Content for operational, promotional, or marketing purposes across any media.

  • User Content reflects the User’s personal views only, and the Company shall not be responsible for its accuracy or legality.

  • The Company may, at its discretion, moderate, edit, remove, or refuse User Content that violates these Terms or applicable law.

5.6 Prohibited Activities

Users are strictly prohibited from engaging in the following:

a. Fraudulent or Misleading Conduct

  • Providing false, incomplete, or misleading information.

  • Creating multiple accounts to misuse offers or circumvent rules.

  • Placing fake or fraudulent orders, including unauthorized payment methods or chargeback abuse.

b. Unauthorized Access or Disruption

  • Attempting to gain unauthorized access to the Platform, servers, databases, or networks.

  • Introducing malware, viruses, or harmful technologies.

  • Scraping, mining, or harvesting Platform data without permission.

c. Intellectual Property Violations

  • Copying, distributing, or exploiting Platform content without written consent.

  • Uploading content that infringes on third-party intellectual property, privacy, or publicity rights.

d. Harmful, Offensive, or Illegal Content

  • Posting or transmitting content that is defamatory, obscene, abusive, harassing, hateful, discriminatory, or otherwise objectionable.

  • Sharing content that violates applicable laws or promotes illegal activities.

e. Misuse of Services

  • Using the Platform for resale, redistribution, or commercial exploitation without authorization.

  • Abusing promotions, discounts, or loyalty programs.

  • Engaging in conduct that damages the Platform’s reputation, goodwill, or relationships with vendors, partners, or Users.

5.7 Respect for Personnel

Users must treat delivery personnel, customer support executives, and Company representatives respectfully. Any abuse, harassment, or violence (verbal or physical) may lead to account suspension or termination, in addition to legal action.

5.8 Consequences of Violation

If a User violates these responsibilities or engages in prohibited activities, the Company may, at its sole discretion:

  • Suspend or terminate the User’s account without prior notice.

  • Cancel pending or confirmed orders.

  • Restrict access to part or all of the Platform.

  • Report the matter to law enforcement or regulatory authorities.

  • Pursue civil or criminal remedies as permitted under applicable laws.

Section 6: Product Information, Pricing, and Availability

  1. Accuracy of Product Information
    PenjuMart endeavors to ensure that all information relating to products offered on the Platform, including but not limited to product descriptions, specifications, images, nutritional information (where applicable), usage instructions, dimensions, weights, colors, features, and pricing, is accurate, current, and reliable to the best of its ability. However, Users acknowledge and agree that:

    • The product images displayed are for illustrative purposes only and may differ slightly from the actual product delivered, depending on packaging updates, manufacturer modifications, or variations in display settings.

    • Descriptions and specifications are provided based on information furnished by manufacturers, suppliers, or third parties, and PenjuMart does not independently verify such details.

    • Errors, omissions, or typographical inaccuracies may occur despite reasonable efforts, and the Platform reserves the right to correct such inaccuracies without liability.

  2. No Warranties on Product Suitability
    PenjuMart does not warrant or represent that any product offered through the Platform shall be suitable for a User’s specific requirements or intended use. Users are encouraged to review all product packaging, instructions, and manuals prior to use. Where appropriate, Users are advised to consult with professionals (e.g., healthcare practitioners for medical or nutritional items, electricians for electronic items) before relying on product usage.

  3. Pricing Policy

    • All prices displayed on the Platform are in Indian Rupees (INR) and inclusive of Goods and Services Tax (GST), unless otherwise stated.

    • Prices are subject to change without prior notice, and such changes shall not affect Orders already confirmed prior to such revisions.

    • In the event of an inadvertent error in pricing or product information, PenjuMart reserves the right to refuse or cancel any Orders placed for products listed at an incorrect price or with incorrect details, regardless of whether the Order has been confirmed and payment processed. In such cases, Users shall be notified, and any payment already made shall be refunded in accordance with the applicable Policies.

    • Promotional pricing, discounts, and offers shall be governed by specific terms communicated at the time of the promotion, and such offers shall not be applicable outside the specified period or conditions.

  4. Stock and Availability

    • The availability of products is subject to stock levels maintained by PenjuMart and/or its suppliers, vendors, and partners.

    • The inclusion of any product on the Platform at a given time does not guarantee its availability at all times. Products may be withdrawn, replaced, or temporarily unavailable without prior notice.

    • In the event an Order cannot be fulfilled due to stock unavailability, PenjuMart reserves the right to cancel the Order in whole or in part and shall issue a refund (if payment has been collected) in accordance with the Refund Policy.

    • Delivery timelines indicated on the Platform are estimates only and may vary due to stock availability, logistical constraints, or unforeseen circumstances.

  5. Dynamic and Location-Based Pricing
    PenjuMart reserves the right to implement dynamic pricing mechanisms, including but not limited to location-based pricing, seasonal pricing, or pricing adjustments based on demand and supply conditions. Users acknowledge that prices for the same product may vary across locations, platforms (Website vs. App), or at different times.

  6. Third-Party Products
    From time to time, the Platform may list products provided by third-party sellers, suppliers, or partners. In such cases:

    • PenjuMart acts solely as a facilitator of the transaction and does not manufacture, endorse, or warrant the quality, safety, legality, or suitability of such third-party products.

    • Responsibility for product-related representations, warranties, and after-sales support rests with the respective seller or manufacturer.

  1.  

Section 7: Orders, Pricing, and Payment Terms

  1. Order Placement, Acceptance, and Fulfillment

    • Users may place orders for products listed on the Platform (“Orders”) subject to product availability, serviceable delivery locations, and compliance with these Terms and applicable Policies.

    • Each Order placed by a User shall be deemed an offer to purchase the selected products under these Terms.

    • Acknowledgment of receipt of an Order does not constitute acceptance. An Order shall be accepted only when the Platform issues an explicit confirmation via email, SMS, in-app notification, or other electronic communication (“Order Confirmation”).

    • The Platform reserves the right to refuse or cancel any Order, in whole or in part, at its sole discretion, including after Order Confirmation, where circumstances such as stock unavailability, pricing errors, failure of payment authorization, serviceability restrictions, or suspicion of fraudulent activity arise.

    • The Platform shall make reasonable efforts to fulfill all confirmed Orders within the indicated timelines. However, delivery times are estimates and subject to factors beyond the Platform’s control.

  2. Right to Limit Orders

    • To ensure fair usage and prevent misuse, the Platform expressly prohibits bulk or resale purchases by Users.

    • The Platform reserves the right to impose limits on the quantity of products ordered per User, household, or transaction.

    • Any suspected attempts to bypass such restrictions may result in cancellation of Orders, forfeiture of promotional benefits, and suspension or termination of User accounts.

  3. Payment Methods

    • The Platform currently supports the following payment methods:
      a) Online Payments: through third-party gateways such as Razorpay, enabling payments via credit cards, debit cards, UPI, net banking, and digital wallets.
      b) Cash on Delivery (COD): subject to order value limits, serviceable pin codes, and Platform discretion.

    • By initiating an online payment, Users authorize the Platform and its payment service providers to process, verify, and validate transaction details.

  4. Payment Completion

    • For online payments, Orders will not be processed until payment is successfully received by the Platform’s designated payment service provider.

    • For COD transactions, Users agree to tender full payment at the time of delivery. Refusal to make payment may result in denial of delivery, cancellation of the Order, and suspension of the User’s account.

  5. Pricing and Charges

    • All prices displayed on the Platform are in Indian Rupees (INR) and inclusive of applicable Goods and Services Tax (GST), unless expressly stated otherwise.

    • Additional charges such as delivery fees, packaging fees, handling charges, or service charges (if any) shall be disclosed to the User prior to Order Confirmation.

    • The Platform reserves the right to revise, modify, or withdraw product prices, delivery charges, or discounts at its sole discretion and without prior notice, subject to applicable law.

    • In case of typographical or system errors leading to incorrect pricing, the Platform may cancel affected Orders with notice to the User, and any payments already made shall be refunded as per the Refund Policy.

  6. Payment Security

    • The Platform uses SSL encryption, secure payment gateways, and other industry-standard security practices to safeguard User payment data.

    • The Platform does not store complete card details, CVV codes, or other sensitive financial information. All sensitive payment data is processed by third-party payment gateways in compliance with applicable laws.

  7. Failed or Declined Transactions

    • In the event of a failed or declined transaction:

      • If the User’s account is debited but Order Confirmation is not issued, the User will be entitled to a refund in accordance with the Refund Policy.

      • Refund timelines are dependent on the User’s bank, payment gateway, or financial institution. The Platform shall not be responsible for delays beyond its reasonable control.

  8. Chargebacks and Fraudulent Activity

    • Users shall not raise unwarranted chargebacks or payment disputes. Fraudulent payment activity, including use of stolen credentials, shall result in suspension or termination of the User’s account and may be reported to law enforcement authorities.

    • The Platform reserves the right to recover any losses or damages caused by fraudulent or unauthorized transactions.

  9. Promotional Offers and Discounts

    • Promotional offers, vouchers, and discounts are subject to specific terms and conditions including validity periods, usage limits, and restrictions.

    • Misuse of such offers, including multiple redemptions or use in bad faith, constitutes a breach of these Terms and may result in cancellation of Orders and suspension of User accounts.

Section 8: Shipping, Delivery, and Logistics

  1. Serviceable Areas
    The Platform currently delivers to select pin codes and locations that are serviceable within Odisha, India. Availability of delivery services depends on the User’s address, which must be verified through the Platform at the time of placing an Order. The Platform reserves the right to expand, restrict, or modify serviceable areas at its sole discretion, without prior notice.

  2. Delivery Timelines
    The Platform makes every reasonable effort to deliver Orders within the estimated delivery time shown at checkout, which under normal circumstances is within 24 hours of Order Confirmation. However, these timelines are estimates only and may vary due to factors such as product availability, high order volumes, traffic conditions, weather events, public holidays, strikes, lockdowns, or other unforeseen circumstances. The Platform shall not be liable for delays beyond its reasonable control.

  3. User Obligations During Delivery
    Users agree to:

    • Provide a complete, accurate, and serviceable delivery address at the time of placing the Order.

    • Ensure that either the User or an authorized representative is present at the address during the delivery window to accept the Order.

    • Tender full payment in case of Cash on Delivery Orders.

    • Check delivered items at the time of receipt and raise any immediate concerns with the delivery personnel or through customer support.

    If delivery cannot be completed due to the User’s failure (such as incorrect address, inability to contact the User, or refusal to accept delivery), the Platform reserves the right to cancel the Order and charge applicable cancellation, redelivery, or handling fees.

  4. Risk and Title of Products
    Ownership of and risk in the products passes to the User once the products are delivered to the specified delivery address. After delivery, the Platform shall not be responsible for loss, theft, or damage to the products.

  5. Delivery Charges
    The Platform may impose delivery charges based on order value, delivery distance, or promotional campaigns. Such charges shall be clearly communicated to the User at checkout before the Order is confirmed. Delivery charges, once paid, are non-refundable except in cases where the Platform fails to deliver the Order.

  6. Partial Deliveries
    Where certain items in an Order are unavailable or delayed, the Platform may fulfill the available portion of the Order first, and deliver or refund the remaining portion in accordance with the applicable Policies. Users shall be informed in advance wherever possible.

  7. Third-Party Logistics Partners
    The Platform may engage third-party delivery and logistics service providers to fulfill Orders. While such partners are expected to adhere to the Platform’s service standards, the Platform shall not be liable for actions, delays, or errors solely attributable to third-party logistics providers.

  8. No Guarantee of Delivery in Certain Situations
    The Platform reserves the right to cancel or refuse delivery of any Order where:

    • The delivery location falls outside its serviceable areas,

    • The delivery is unsafe, illegal, or impossible to complete,

    • Fraudulent, suspicious, or bulk/resale Orders are detected.

Section 9: Cancellations, Returns, and Refunds

  1. General Applicability
    All matters relating to cancellation of Orders, return of products, and refund of payments shall be governed by the Platform’s specific policies, including but not limited to the Cancellation Policy, Refund & Return Policy, and Shipping & Delivery Policy (collectively referred to as the “Policies”). These Policies are incorporated by reference into these Terms and form an integral part of the User’s agreement with the Platform.

  2. User-Initiated Cancellations

    • Users may request cancellation of an Order in accordance with the timelines, conditions, and procedures specified in the applicable Policies.

    • Cancellation requests received after dispatch of products may not be accepted, except as provided under the applicable Policies.

  3. Platform-Initiated Cancellations
    The Platform reserves the right to cancel an Order, in whole or in part, without prior notice, under circumstances including but not limited to:

    • Stock unavailability,

    • Pricing or product listing errors,

    • Failure of payment authorization,

    • Delivery address outside serviceable areas,

    • Suspected fraudulent or bulk/resale purchases, or

    • Force majeure events or circumstances beyond the reasonable control of the Platform.

    In such cases, any payment already made by the User shall be refunded in accordance with the Refund Policy.

  4. Returns and Exchanges

    • Users may request returns or exchanges of eligible products, subject to the conditions, timelines, and product categories permitted under the Refund & Return Policy.

    • Certain products, such as perishables, consumables, or hygiene-related items, may be marked as non-returnable or non-exchangeable.

    • The Platform reserves the right to reject return or exchange requests that do not comply with the applicable Policies.

  5. Refunds

    • Refunds, where applicable, shall be processed in accordance with the Refund Policy. Refund timelines may vary depending on the mode of payment, bank processing times, and other external factors.

    • Refunds for Cash on Delivery transactions shall be issued to the User’s designated bank account, wallet, or other payment method as notified by the Platform.

    • The Platform shall not be liable for delays in refunds attributable to third-party payment processors, banks, or financial institutions.

  6. Final Decision
    The Platform’s decision regarding eligibility for cancellations, returns, exchanges, and refunds shall be final and binding on the User, subject to applicable laws and the Policies.

Section 10: Intellectual Property Rights

  1. Ownership of Rights
    All intellectual property rights, including but not limited to copyrights, trademarks, trade names, service marks, logos, product images, designs, software, source code, databases, text, graphics, audio, video, and all other content and materials appearing on or made available through the Platform (collectively, the “Platform Content”), are the exclusive property of the Platform, its licensors, vendors, or third-party partners, as the case may be.

  2. Limited License to Users
    Subject to compliance with these Terms, the Platform grants Users a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for personal, lawful, and non-commercial purposes related to browsing, purchasing, or availing services offered on the Platform.

    Nothing in these Terms shall be deemed to grant the User any rights, title, or interest in or to the Platform Content, except as expressly provided herein.

  3. Restrictions on Use
    Users are expressly prohibited from engaging in any of the following without the prior written consent of the Platform or the rightful owner of such intellectual property:

    • Copying, reproducing, modifying, adapting, translating, or creating derivative works from the Platform Content;

    • Distributing, publishing, transmitting, reselling, or otherwise making the Platform Content available to any third party;

    • Removing, altering, or obscuring any proprietary notices, labels, or trademarks displayed on the Platform or its Content;

    • Using the Platform Content for any commercial, competitive, or unauthorized purposes;

    • Employing data mining, robots, scraping, or similar data-gathering techniques to extract or replicate Platform Content.

  4. User-Generated Content

    • Users may post, upload, or submit reviews, feedback, photographs, or other materials (“User Content”) on the Platform, subject to compliance with applicable laws and these Terms.

    • By submitting such User Content, the User grants the Platform a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, display, distribute, publish, adapt, modify, and otherwise exploit such User Content in any media, including for promotional and marketing purposes.

    • Users represent and warrant that their User Content does not infringe any third-party rights, including intellectual property rights, privacy rights, or publicity rights, and that they have all necessary permissions to grant the license specified above.

  5. Third-Party Intellectual Property
    Any third-party intellectual property, including trademarks, logos, or brand names appearing on the Platform, belongs to their respective owners. Such appearance shall not imply any endorsement, affiliation, or sponsorship by or with the Platform, unless expressly stated.

  6. Reservation of Rights
    All rights not expressly granted to Users under this Section are hereby reserved by the Platform and/or its licensors. Unauthorized use of the Platform Content shall constitute a material breach of these Terms and may also constitute a violation of applicable intellectual property laws.

Section 11: Third-Party Services and Links

11.1 Third-Party Services
The Platform may integrate, display, or provide access to third-party tools, applications, payment gateways, logistics partners, or other services (“Third-Party Services”). These are provided solely for the convenience of Users.

11.2 No Control or Responsibility
The Platform does not own, control, or operate such Third-Party Services and shall not be responsible for their accuracy, reliability, or quality. Use of these services is subject to the terms and privacy policies of the respective third parties.

11.3 External Links
The Platform may contain links to external websites or resources operated by third parties. The inclusion of any link does not imply endorsement or recommendation by the Platform. Users acknowledge and agree that the Platform is not liable for the content, accuracy, availability, or practices of such external sites or resources.

11.4 User Responsibility
Users who choose to access, engage with, or transact through Third-Party Services do so at their own risk and shall be solely responsible for reviewing and complying with the applicable terms and conditions of such third parties.

Section 12: Limitation of Liability

12.1 General Limitation
To the fullest extent permitted by applicable law, the Platform, including its owners, operators, affiliates, employees, representatives, agents, suppliers, and service providers, shall not be liable for any direct, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of goodwill, service interruption, or other intangible losses, arising out of or in connection with:

  • The use of, or inability to use, the Platform or its Services;

  • Delays, failures, disruptions, or interruptions in the delivery of products or Services;

  • Unauthorized access to or alteration of User data or transmissions;

  • Statements, conduct, or omissions of third parties on or through the Platform;

  • Errors, inaccuracies, or omissions in any product description, pricing, or promotional material;

  • Any transaction or communication between the User and third-party service providers (including payment gateways, logistics providers, and external websites).

12.2 Product Liability
All products made available on the Platform are sold “as is” and “as available,” subject to manufacturer warranties (if any) and applicable return/refund policies. The Platform does not manufacture, produce, or guarantee the quality, safety, suitability, or fitness for a particular purpose of the products and expressly disclaims all liability arising therefrom.

12.3 Maximum Liability Cap
Notwithstanding anything to the contrary contained in these Terms, the maximum aggregate liability of the Platform, whether in contract, tort (including negligence), strict liability, or otherwise, for any claims, damages, or losses arising under or in connection with these Terms, shall in no event exceed the total amount paid by the User for the specific Order giving rise to such claim.

12.4 Force Majeure
The Platform shall not be liable for any failure or delay in performance (including order fulfillment, delivery, or payment processing) caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, pandemics, labor strikes, embargoes, war, terrorism, civil unrest, cyberattacks, power failures, or interruptions in communication systems.

12.5 Applicability to Users
The limitations and exclusions of liability stated herein shall apply to all Users, regardless of whether they are browsing, registering, placing orders, or otherwise engaging with the Platform.

Section 13: Indemnity (User Responsibility for Losses and Claims)

13.1 Meaning of Indemnity
For clarity, “Indemnity” means that if your actions or omissions cause any harm, loss, or legal trouble to the Platform, you agree to take responsibility for it and cover the related costs. This includes damages, penalties, legal fees, and any other losses incurred by the Platform due to your conduct.

13.2 User’s Obligation to Indemnify
By using the Platform, you expressly agree to indemnify, defend, and hold harmless the Platform, including its owners, operators, affiliates, directors, officers, employees, agents, licensors, suppliers, and service providers, from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, penalties, costs, and expenses that may arise from or relate to:

  • Any breach or alleged breach of these Terms, Policies, or applicable laws by you;

  • Fraudulent, negligent, or willful actions by you on the Platform;

  • Unauthorized or unlawful use of the Platform or its Services by you;

  • Any disputes, claims, or liabilities arising from User Content you upload, submit, or share on the Platform, including reviews, ratings, feedback, or photographs;

  • Any claims by third parties arising out of your violation of intellectual property, privacy, publicity, or other legal rights.

13.3 Costs Covered
If any legal action, claim, loss, or expense arises due to your actions or omissions, you agree to fully cover all related costs, including:

  • Actual damages or financial losses incurred by the Platform;

  • Legal fees, including reasonable attorneys’ or consultant charges;

  • Fines, penalties, or any statutory payments imposed by competent authorities.

13.4 Scope and Continuing Nature of Indemnity
This indemnity obligation applies to any acts or omissions by you during your use of the Platform and continues even after your account is suspended, terminated, or deactivated. The Platform may rely on this indemnity for claims that arise from your past actions or omissions.

13.5 Platform’s Right to Control Defense
The Platform reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to fully cooperate with the Platform in asserting defenses, providing necessary information, and complying with legal or regulatory requirements.

13.6 Equitable Remedies and Legal Enforcement
In addition to monetary damages, the Platform is entitled to seek equitable remedies, including injunctions or other court orders, in case of a breach or threatened breach of the indemnity obligations. You acknowledge that the Platform may enforce these rights without the need to prove actual damages or post any bond.

Section 14: Privacy and Data Protection

14.1 Collection and Use of Information
By using the Platform, you acknowledge and agree that the Platform collects, stores, and processes personal and non-personal information as detailed in the Privacy Policy. Such information may include, but is not limited to, your name, contact details, delivery address, payment information, User Content, device and browser information, and analytics data. The Platform uses this information to:

  • Facilitate account creation, verification, and secure access;

  • Process Orders and payments efficiently;

  • Manage shipping, delivery, and returns;

  • Provide customer support and address inquiries or complaints;

  • Personalize your experience, including recommendations, offers, and promotional communications;

  • Comply with legal, regulatory, and tax obligations;

  • Prevent fraud, misuse, or unauthorized access to the Platform;

  • Conduct research, analysis, and improve the Services.

14.2 Consent and Legal Basis
By registering, using the Platform, or submitting information, you provide explicit consent for the collection, use, storage, and disclosure of your information as described in the Privacy Policy. For certain data (e.g., location data, camera access, uploaded files), additional consent may be requested at the time of use.

14.3 Third-Party Services and Processors
The Platform may engage third-party service providers, including payment gateways, analytics providers, logistics partners, hosting providers, and other vendors, to process or handle User information on behalf of the Platform. Such third parties are bound by contractual obligations to maintain confidentiality, implement security measures, and use the information solely for the purposes specified by the Platform.

14.4 Data Security
The Platform employs industry-standard security practices, including SSL encryption, secure payment gateways, Wordfence and other WordPress security plugins, and internal operational safeguards to protect the confidentiality, integrity, and availability of User information. Users are responsible for maintaining the secrecy of their account credentials and promptly notifying the Platform of any unauthorized use.

14.5 Cross-Border Data Transfers
Where the Platform uses third-party services or stores information in locations outside your country of residence, such transfers are conducted in compliance with applicable data protection laws. For example, while the Platform’s primary servers are located in India (Mumbai, Maharashtra) via Hostinger, some processing or backup services may involve third-party jurisdictions. The Platform ensures that any such transfer maintains a level of protection consistent with Indian data protection standards.

14.6 User Rights
You have rights regarding your personal data, including the right to:

  • Access, correct, or update your information;

  • Request deletion or restriction of processing where applicable;

  • Opt-out of promotional communications;

  • Withdraw consent where legally permitted;

  • Lodge complaints with the Platform’s Grievance Officer or Data Protection Officer (DPO).

Requests may be submitted via the designated email: privacy@penjumart.com.

14.7 Compliance with Laws and Regulations
The Platform collects, stores, and processes data in accordance with applicable Indian laws, including the Information Technology Act, 2000, rules and guidelines issued under it, and other applicable data protection regulations. Users agree to provide accurate information and to cooperate with the Platform in compliance checks, audits, and verifications as required.

14.8 Linkage to Privacy Policy
These Terms expressly incorporate the Platform’s detailed Privacy Policy, which governs the specifics of data collection, usage, sharing, retention, and protection. Users are encouraged to review the Privacy Policy regularly, as updates may occur, and continued use of the Platform constitutes acceptance of such updates.

Section 15: Suspension and Termination

15.1 Right to Suspend or Terminate
The Platform reserves the right, at its sole discretion and without prior notice, to suspend or terminate a User’s access to the Platform, including their account, services, or specific functionalities, in whole or in part, if the User:

  • Violates any provision of these Terms, Policies, or applicable laws;

  • Engages in prohibited or fraudulent activities, misuse of the Platform, or reselling products without authorization;

  • Submits false, misleading, or illegal User Content;

  • Poses a security threat to the Platform, its systems, or other Users;

  • Fails to provide required information for verification, KYC, or compliance checks;

  • Is involved in repeated or serious breaches affecting the Platform’s reputation, operations, or Users.

15.2 Immediate Suspension
In cases where a User’s actions pose an immediate risk to the Platform, other Users, or third parties, the Platform may temporarily suspend the User’s account or access without prior notice. Suspension may remain in effect until the Platform completes an investigation or determines appropriate action.

15.3 Termination of Account
Termination may result in permanent revocation of access to the Platform, deletion or retention of User Content, and forfeiture of any pending orders or benefits, at the sole discretion of the Platform. Users acknowledge that the Platform is not liable for any losses or damages resulting from suspension or termination in accordance with these Terms.

15.4 Effect of Termination
Upon suspension or termination of the User’s account:

  • Users must immediately cease using the Platform and its Services;

  • Any outstanding obligations, including payments, refunds, or indemnity responsibilities, remain enforceable;

  • The Platform may retain certain information as required for legal, regulatory, or operational purposes, including dispute resolution, audits, or investigations;

  • User Content submitted prior to termination may continue to be used by the Platform in accordance with the license granted under these Terms.

15.5 No Waiver of Rights
Suspension or termination of a User’s account does not limit or waive any rights of the Platform, including pursuing legal remedies, claiming damages, or enforcing compliance with applicable laws or these Terms.

15.6 Reinstatement
Reinstatement of a suspended or terminated account is at the sole discretion of the Platform and may require verification, compliance checks, or remedial actions by the User. The Platform is under no obligation to reinstate any account.

Section 16: Governing Law and Jurisdiction

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

Subject to the provisions of Section 17 (Dispute Resolution), the courts at Balangir, Odisha, India shall have exclusive jurisdiction in respect of any legal proceedings arising out of or in connection with these Terms, the use of the Website/App, or the Services offered by PenjuMart.

You expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such matters, except where such disputes are mandatorily required to be referred to arbitration as set out below.

Section 17: Dispute Resolution

  1. Good Faith Negotiations
    In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Privacy Policy, the Cancellation & Refund Policy, or the Services provided by PenjuMart (“Dispute”), the parties shall first attempt to resolve the Dispute amicably through good faith negotiations within a period of thirty (30) days from the date of the first written notice of such Dispute.

  2. Arbitration
    If the parties are unable to resolve the Dispute through negotiation within the stipulated period, the Dispute shall be referred to and finally resolved by binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any statutory modifications or re-enactments thereof.

    • The arbitration proceedings shall be conducted by a sole arbitrator mutually appointed by the parties.

    • The seat and venue of arbitration shall be Balangir, Odisha, India.

    • The arbitration proceedings shall be conducted in the English language.

    • The arbitral award shall be final and binding on both parties, and may be enforced in any court of competent jurisdiction.

  3. Confidentiality
    All negotiations and arbitration proceedings under this Section shall be kept strictly confidential by both parties, and no information concerning such proceedings may be disclosed to any third party, except as may be required to enforce an arbitral award or as otherwise required by applicable law.

  4. Interim Relief
    Nothing in this Section shall prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction in Balangir, Odisha, where such relief is necessary to protect the rights and interests of that party.

Section 18: Amendments to Terms

18.1 Right to Modify Terms
The Platform reserves the right, at its sole discretion, to amend, modify, update, or replace any part of these Terms and Conditions, including any associated Policies, at any time without prior notice. Such amendments may be necessary to:

  • Comply with changes in applicable laws, regulations, or government guidelines;

  • Reflect changes in the Platform’s operations, Services, features, or technology;

  • Address security risks, user complaints, or fraudulent activities;

  • Update pricing, payment, delivery, or other operational procedures.

18.2 Notification of Changes
While the Platform may notify Users of material changes via email, in-app notifications, or website announcements, it is the User’s responsibility to regularly review the Terms and Policies. Continued use of the Platform after such changes constitutes acceptance of the updated Terms.

18.3 Effective Date of Amendments
All amendments shall take effect from the date specified by the Platform. Unless stated otherwise, amendments shall apply to both existing and new Users of the Platform.

18.4 Binding Nature
By continuing to access or use the Platform after any amendment, Users acknowledge that they have read, understood, and agreed to the updated Terms. Any User who does not agree with the changes should immediately cease using the Platform and may terminate their account in accordance with the provisions of Section 15 (Suspension and Termination).

18.5 Severability of Amendments
If any part of an amendment is found to be invalid, unlawful, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. The Platform reserves the right to replace any invalid provision with a legally valid and enforceable provision that reflects the intended purpose of the original clause.

Section 19: Contact and Grievance Redressal

19.1 Customer Support and General Inquiries
For any questions, concerns, or clarifications regarding the Platform, Services, Orders, or these Terms and Policies, Users may contact the Platform through the following channels:

The Platform strives to respond to inquiries and complaints in a timely, professional, and efficient manner.

19.2 Grievance Officer / Data Protection Officer (DPO)
In accordance with applicable Indian regulations, including the Information Technology Act, 2000 and related rules, the Platform has designated a Grievance Officer / Data Protection Officer (DPO) to handle complaints related to:

  • Violation of User rights;

  • Breach of Privacy and Data Protection policies;

  • Unauthorized use of User Content;

  • Issues relating to Orders, payments, cancellations, returns, or refunds;

  • Any other concerns regarding compliance with applicable laws.

Contact Email for Grievance Redressal: privacy@penjumart.com

19.3 Procedure for Filing Complaints
Users are requested to provide:

  • Full name, registered email, and phone number;

  • Account details (if applicable);

  • Detailed description of the complaint or issue;

  • Any supporting documents or evidence relevant to the complaint.

Upon receipt, the Grievance Officer / DPO shall acknowledge the complaint and initiate an investigation. The Platform will use reasonable efforts to resolve the matter in a fair and timely manner.

19.4 Resolution Timeline
While the Platform aims to resolve grievances promptly, certain complaints may require longer investigation due to their complexity, involvement of third parties, or regulatory requirements. Users will be informed about significant developments or the expected timeline for resolution.

19.5 Escalation
If a User is not satisfied with the response or resolution provided by the Platform, they may escalate the matter to the appropriate regulatory authority under applicable Indian law. The Platform encourages Users to first seek resolution through internal grievance redressal channels before approaching external authorities.

19.6 No Waiver of Rights
Filing a grievance or complaint with the Platform does not affect or limit any statutory or legal rights that the User may have under applicable laws.

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