Last Updated: 12/12/2025

  1. LEGAL STATUS OF THIS DOCUMENT

1.1 This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes.

1.2 This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.3 This document is published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

  1. PLATFORM OWNER

2.1 The Platform is operated by HMS TRADE, a proprietorship concern, engaged in operating an online marketplace facilitating transactions between buyers and third-party sellers and, in certain instances, selling products and/or services directly.

2.2 For the purposes of these Terms:

  • “Platform” means the HMS TRADE website, mobile site, applications, and related services.
  • “HMS TRADE”, “We”, “Us”, “Our” mean the proprietorship operating the Platform.
  • “User”, “You”, “Buyer” mean any natural or legal person accessing or using the Platform.
  • “Seller” or “Vendor” mean any third-party seller listing products or services on the Platform.
  • “Content” includes text, images, listings, reviews, ratings, data, and software.
  1. ACCEPTANCE OF TERMS

3.1 Accessing, browsing, registering, or transacting on the Platform constitutes acceptance of these Terms of Use.

3.2 By using the Platform, You agree to be bound by:

  • These Terms of Use;
  • Privacy Policy;
  • Return and Refund Policy;
  • Vendor Policies; and
  • Any other rules or guidelines issued by HMS TRADE from time to time.

3.3 If You do not agree, You must discontinue use of the Platform immediately.

  1. ELIGIBILITY

4.1 Transactions on the Platform are available only to persons capable of forming legally binding contracts under the Indian Contract Act, 1872.

4.2 Minors may access the Platform only under the supervision of a parent or legal guardian.

4.3 HMS TRADE reserves the right to suspend or terminate access if eligibility conditions are violated.

  1. USER ACCOUNT AND REGISTRATION

5.1 Users may place orders either as registered users or through guest checkout, subject to Platform rules.

5.2 The mobile number and/or email address provided shall serve as the primary identifier.

5.3 Users are responsible for maintaining confidentiality of login credentials.

5.4 All activities conducted through a User account shall be deemed to have been carried out by the User.

  1. ACCOUNT SUSPENSION AND TERMINATION

6.1 HMS TRADE reserves the right, at its sole discretion, to suspend, restrict, or terminate user accounts without prior notice in cases including but not limited to:

  • Fraud or suspected fraud;
  • Abuse of returns or refunds;
  • Provision of false or misleading information;
  • Violation of these Terms or applicable laws;
  • Bulk or commercial misuse;
  • Activities harmful to the Platform or its users.
  1. COMMUNICATIONS

7.1 By using the Platform, You consent to receive communications via electronic records including email, SMS, phone calls, messaging applications, and app notifications.

7.2 Such communications may include transactional updates, security alerts, service communications, and promotional messages as permitted by law.

  1. ROLE OF HMS TRADE AS MARKETPLACE INTERMEDIARY

8.1 The Platform acts as a technology-based marketplace.

8.2 Except where HMS TRADE itself is the Seller:

  • HMS TRADE is not a party to the contract between Buyer and Seller;
  • All commercial terms are agreed solely between Buyer and Seller;
  • HMS TRADE does not guarantee Seller performance, quality, or legality of products or services.

8.3 The Platform merely facilitates communication and transaction execution.

  1. PRODUCTS, SERVICES, AND DIGITAL CONTENT

9.1 Product and service listings are provided by Sellers or HMS TRADE.

9.2 Errors in pricing, descriptions, availability, or images may occur.

9.3 HMS TRADE and/or Sellers reserve the right to cancel orders due to:

  • Pricing or typographical errors;
  • Stock unavailability;
  • Bulk quantity abuse;
  • Suspected fraud or misuse.

9.4 Digital products and services may be subject to Seller-specific terms and may be non-returnable.

  1. ORDER PLACEMENT AND ACCEPTANCE

10.1 Placement of an order constitutes an offer to purchase.

10.2 Acceptance occurs only upon confirmation by the Seller and/or HMS TRADE.

10.3 HMS TRADE reserves the right to:

  • Cancel orders;
  • Limit quantities;
  • Disable Cash on Delivery;
  • Reject or hold high-risk transactions.
  1. SHIPPING, DELIVERY, AND LOGISTICS

11.1 Shipping may be fulfilled by HMS TRADE, Sellers, or third-party logistics partners.

11.2 Delivery timelines are indicative and not guaranteed.

11.3 Risk and ownership transfer to the Buyer upon handover of the product to the delivery partner.

11.4 HMS TRADE shall not be liable for delays caused by force majeure events.

  1. PAYMENTS, PLATFORM FEES, AND CONVENIENCE FEES

12.1 Payments may be made using UPI, debit cards, credit cards, net banking, wallets, or Cash on Delivery.

12.2 HMS TRADE may levy platform fees, convenience fees, logistics charges, or service charges, which shall be disclosed prior to checkout.

12.3 Fees may vary based on order value, category, location, or other operational factors.

  1. PAYMENT DISCLAIMERS

13.1 HMS TRADE shall not be responsible for losses arising from:

  • Bank authorization failures;
  • Payment gateway downtime;
  • Transaction declines;
  • Exceeding bank-imposed limits.

13.2 All transactions shall be denominated in Indian Rupees.

  1. GST AND BUSINESS PURCHASES

14.1 Buyers may provide GSTIN details for business purchases.

14.2 Accuracy of GSTIN and business information is the Buyer’s sole responsibility.

14.3 HMS TRADE does not verify GST details and does not guarantee eligibility for input tax credit.

14.4 No revisions to tax invoices shall be permitted after issuance.

  1. RETURNS, REFUNDS, AND CANCELLATIONS

15.1 Returns are permitted within two (2) days of delivery, subject to category-specific conditions.

15.2 Refunds shall be processed to the original payment method.

15.3 HMS TRADE reserves the right to deny returns or refunds in cases of fraud, misuse, or policy abuse.

  1. USER CONDUCT AND PROHIBITED ACTIVITIES

16.1 Users shall not:

  • Upload unlawful, misleading, defamatory, obscene, or abusive content;
  • Manipulate ratings or reviews;
  • Impersonate any person or entity;
  • Attempt unauthorized access to the Platform;
  • Violate applicable laws or regulations.

16.2 Violations may result in suspension, termination, or legal action.

  1. USER-GENERATED CONTENT

17.1 Users grant HMS TRADE a worldwide, perpetual, royalty-free, sublicensable right to use submitted content for Platform operations, analytics, and marketing.

17.2 Users waive any claims for compensation related to such use.

  1. INTELLECTUAL PROPERTY

18.1 All Platform content is owned by or licensed to HMS TRADE.

18.2 Unauthorized use, reproduction, or distribution is prohibited.

  1. THIRD-PARTY LINKS AND SERVICES

19.1 The Platform may contain links to third-party websites or services.

19.2 HMS TRADE is not responsible for third-party content, policies, or actions.

  1. DISCLAIMER OF WARRANTIES

20.1 The Platform and services are provided on an “as is” and “as available” basis.

20.2 HMS TRADE disclaims all warranties, express or implied, to the extent permitted by law.

  1. LIMITATION OF LIABILITY

21.1 To the maximum extent permitted by law, HMS TRADE shall not be liable for indirect, incidental, or consequential damages.

21.2 Total liability shall not exceed the value of the transaction giving rise to the claim.

  1. INDEMNITY

22.1 You agree to indemnify and hold harmless HMS TRADE from claims, losses, damages, penalties, and expenses arising from:

  • Your use of the Platform;
  • Violation of these Terms;
  • Infringement of third-party rights.
  1. LANGUAGE AND TRANSLATION

23.1 Translations are provided for convenience only.

23.2 In case of inconsistency, the English version shall prevail.

  1. MODIFICATION OF TERMS

24.1 HMS TRADE reserves the right to modify these Terms at any time.

24.2 Continued use of the Platform constitutes acceptance of the modified Terms.

  1. GOVERNING LAW AND JURISDICTION

25.1 These Terms shall be governed by the laws of India.

25.2 Courts located in Karnataka shall have exclusive jurisdiction.