Terms of Use

This document is considered an electronic record under the Information Technology Act, 2000 and its corresponding regulations and amendments, and it is created by a computer system without the need for physical or digital signatures. It is published in compliance with Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which requires the publication of regulations, privacy policy, and Terms of Use for accessing or using the domain name [www.Familywala.com][www.Familywala.online] (referred to as “Website” or “Platform”).

Familywala Eshop Private Limited, a company registered under the Companies Act, 1956 with its registered office at 527/62 New Jagdamba Colony Jabalpur, MP, India–482002, is the owner of the Platform. Your use of the Platform and its services and tools are subject to the terms and conditions outlined in the “Terms of Use.” By using the Platform, you enter into a binding agreement with Familywala Eshop Private Limited and these terms and conditions, including the policies, become your obligations.

For the purposes of these Terms of Use, “You” or “User” refers to any individual or legal entity who has agreed to become a buyer on the Platform by registering as a Registered User. “We,” “Us,” and “Our” refers to Familywala Eshop Private Limited, which allows users to browse the Platform or make purchases without registering.

When using any services provided by us through the Platform, such as Product Reviews or Seller Reviews, you are subject to the applicable rules, guidelines, policies, terms, and conditions. We reserve the right to change, modify, add, or remove portions of these Terms of Use at any time without prior notice. It is your responsibility to regularly review these Terms of Use for updates or changes. By continuing to use the Platform after changes are posted, you are indicating your acceptance and agreement to the revisions. We grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Platform as long as you comply with these.

By accessing, browsing, or using the site, you agree to the terms and conditions outlined in these Terms of Use. Please make sure to read them carefully before proceeding. By accepting these Terms of Use, you also agree to be bound by the Familywala Policies, including but not limited to the Privacy Policy, which may be amended from time to time.

Eligibility for Membership

Transactions on the platform are only available to individuals who are legally capable of forming binding contracts according to the Indian Contract Act, 1872. Individuals who are deemed “incompetent to contract” under this act, such as un-discharged insolvents, are not eligible to use the platform. Minors under the age of 18 may only use the platform or access its content with the supervision and prior consent/permission of a parent or legal guardian.

If you are under the age of 18 and wish to use the Platform for transactions, your legal guardian or parents must make these transactions on your behalf. If it is discovered that you are under 18 years of age and using the Platform for transactions, Familywala reserves the right to terminate your membership and refuse access to the platform. Your registration on the platform comes with obligations to comply with the platform’s rules and regulations.

When you use the platform, you are responsible for keeping your display name and password confidential, and you will be held accountable for all actions taken using your display name and password. If it is found that you have provided false, inaccurate, outdated, or incomplete information, or if there is reasonable suspicion of such, we reserve the right to indefinitely suspend, terminate, or block your membership on the platform and deny you access to it.

Your mobile phone number and/or email address act as your primary identification on the platform. You must make sure that these details remain current and up-to-date on the platform at all times. In the event that your mobile phone number or email address changes, you are required to inform us immediately by updating them through a one-time password verification process on the platform.

You acknowledge that Familywala will not be held responsible or accountable for any actions or consequences resulting from the use or misuse of information under your account, including if you fail to update your revised mobile phone number and/or email address on the platform.

If you share or allow others to access your account on the platform, for example by creating separate profiles under your account, they will be able to view and access your account information. You will be solely responsible for all actions taken under your account and any consequences that result from them.

In regards to communications, when you use the platform or send emails or other data, information, or communication to us, you acknowledge that you are communicating with us through electronic records and agree to receive communications from us via electronic records as needed. We may communicate with you through email or other electronic or non-electronic means.

The platform is a tool used by users to interact with each other for transactions. Familywala is not involved in and cannot control any transactions between users on the platform.

Henceforward:

1.All commercial and contractual terms are solely between Buyers and Sellers and do not involve Familywala. These terms include, but are not limited to, price, shipping costs, payment methods, payment terms, delivery date, period, mode, warranties for products and services, and after-sales services. Any discounts and offers, including exchange offers, are provided by the Seller or Brand and not by Familywala.

2.When a Buyer places an order with a Seller on the Platform, it is considered an offer to purchase the products. The Seller has the right to cancel the order at their discretion and the Buyer will be informed via email or SMS. In the event of cancellation, the transaction price paid by the Buyer will be refunded. The Seller may also cancel an order if the quantity exceeds the typical individual consumption, which is determined at their discretion and may vary from person to person.

3. Familywala does not make any warranties or representations regarding the quality, value, sale ability, etc. of the products or services offered for sale or purchase on the Platform. Familywala does not support or endorse the sale or purchase of any products or services and is not responsible for any errors or omissions, on their behalf or that of third parties.

4. Familywala is not responsible for any breach of contract or non-performance between Buyers and Sellers and is not obligated to mediate or resolve any disputes.

5. Familywala does not make any warranties or representations regarding the legal title, creditworthiness, identity, etc. of its Users and recommends that you independently verify these before engaging in transactions with them.

6.Familywala does not take possession of or have any rights or claims over the products or services offered by Sellers to Buyers during the transaction on the Platform.

7. Familywala does not have any rights, title, or interest in the products nor any obligations or liabilities in relation to the contracts between Buyers and Sellers. Familywala is not responsible for any unsatisfactory performance, delays, or damages due to products being out of stock, unavailable, or on backorder.

8.The Platform is only a means for Users to reach a wider audience for buying and selling products or services. The contract for sale of any products or services is a strict agreement between the Seller and Buyer, and Familywala is only providing a platform for communication. At no point does Familywala hold any rights, title, or interest in the products nor have any obligations or liabilities in relation to the contract.

1.If you purchase products eligible for business purchases, you may be eligible for GST input tax credit. Upon your request, the seller selling the products will issue you a Tax Invoice that includes the following details: your GSTIN associated with your registered business, the entity name of your registered business, and your delivery address (which must match the registered place of business per GST authority records). Please note that not all products offered by sellers are eligible for business purchases, and this is at the discretion of the sellers. You may view the eligibility for Tax Invoice on the product page on the platform.

2.You must only purchase products on the platform for end consumption and must not use them for commercial, promotional, resale, or further distribution purposes. If you do not provide your GSTIN and/or business entity details, it will be assumed that the purchase is personal and not for business purposes. Familywala is not responsible for verifying the accuracy of the information provided by you and you will be fully responsible for any inaccuracies.

3. Familywala and the seller will not entertain any requests for revisions in the GST Invoice and will not be liable for any defaults, including those related to information provided by you. You may not be able to claim input tax credit or the credit may be denied, and Familywala will not be held responsible for this. You are solely responsible for complying with all applicable laws.

4.You agree to indemnify and hold Familywala and the seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability, including third-party claims, arising from your use or misuse of the GST Invoice, your non-compliance with applicable laws, or your use or misuse of third-party details, including GSTIN.

5 .Familywala reserves the right to not allow business purchases on the platform if fraudulent activity is identified. The seller also reserves the right to not issue a Tax Invoice or to cancel a transaction by issuing a credit note against an already issued Tax Invoice if fraudulent activity is identified.

6.You and the seller(s) you transact with must come to a separate agreement regarding the terms of delivery, payment, and insurance.

7.You acknowledge that the pricing of products listed on the Platform may be incorrectly reflected due to technical issues or errors in product information provided by the seller, and that in such cases, the seller may cancel your order.

8.You agree to hold Familywala and its representatives harmless from any costs, damages, liabilities, or other consequences of the actions of other users of the Platform, and waive any claims you may have in this regard under any applicable law. Although Familywala takes reasonable steps to monitor the information provided by other users on the Platform, it cannot control or be held responsible for this information. You acknowledge that other users’ information may be offensive, harmful, inaccurate, inconsistent, or deceptive, and therefore, it is advised to exercise caution when using the Platform.

9.It is important to note that there may be risks involved when dealing with individuals who are underage or posing as someone they are not.

Fees

Familywala may impose a nominal charge for using the Platform to browse and purchase products. The company reserves the right to modify its fee policy at any time. New services or fees may be added and existing services or fees may be altered, at the sole discretion of Familywala. Any changes to the fee policy will be posted on the Platform and will become effective immediately after being posted. All fees will be expressed in Indian Rupees unless otherwise stated. The responsibility of complying with all relevant laws, including those in India, for making payments to Familywala Internet Private Limited, rests solely with you.

Platform Usage

1. You agree to abide by the following binding principles when using the Platform: You must not post, display, upload, modify, publish, transmit, update, or share any information that:
2. a) Belongs to someone else and for which you do not have the right to use
3. b) Is harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of someone else’s privacy, hateful, racially or ethnically offensive, related to money laundering or gambling, or otherwise illegal in any way, including but not limited to “indecent representation of women” as defined by the Indecent Representation of Women (Prohibition) Act of 1986
4. c) Misleads in any manner

d)Is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual

1. e) Advocates the harassment of another person Involves the transmission of junk mail, chain letters, unsolicited mass mailing, or spamming. (f) Transmits unwanted “junk mail,” “chain letters,” or mass mailing or “spamming”;

(g) Supports illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(h) Violates the rights of third parties, including but not limited to intellectual property rights, privacy rights (such as unauthorized disclosure of a person’s name, email address, physical address or phone number), or publicity rights;

(i) Promotes illegal copies of another person’s copyrighted work, such as providing pirated computer programs or links to them, information to bypass copy-protection devices, or pirated music or links to pirated music files;

(j) Contains pages with restricted or password-only access, or hidden pages or images that are not linked from another accessible page;

(k) Includes content that exploits people in an inappropriate manner sexually, violently, or otherwise, or solicit personal information from anyone;

(l) Offers instructional information about illegal activities, such as making illegal weapons, violating privacy, or creating computer viruses;

(m) Has videos, photographs, or images of another person (whether a minor or an adult);

(n) Attempts to gain unauthorized access to the platform or profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the platform, or solicits passwords or personal information for commercial or unlawful purposes;

(o) Engages in commercial activities or sales without prior written consent from the platform, such as contests, sweepstakes, bartering, advertising, and pyramid schemes, or buying or selling virtual products;

(p) Participates in or supports illegal gambling;

(q) Interferes with another user’s enjoyment of the platform or similar services;

(r) Refers to any platform or URL that the platform, in its sole discretion, considers inappropriate or violates these terms of use;

(s) Causes harm to minors;

(t) Infringes on any patent, trademark, copyright, trade secret, publicity, or privacy rights, or involves the sale of counterfeit or stolen products;

(u) Breaches any current laws;

(v) Misleads or deceives the addressee/users about the origin of the message or communicates information that is offensive or menacing;

(w) Pretends to be another person;

(x) Contains computer viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource, or trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, interfere with, diminish, intercept, or expropriate any system, data, or personal information;

(y) Threatens India’s unity, integrity, defense, security, or sovereignty, friendly relations with foreign states, public order, or incites the commission of any criminal offense, or prevents investigation of any offense, or insults any other nation;

(z) Is false, inaccurate, or misleading;

(aa) Offers, trades, or attempts to offer or trade in any item that is prohibited or restricted under applicable laws, rules, regulations, or guidelines;

(ab) Causes liability for the platform or causes the platform to lose its internet service providers or other suppliers.

1. You are prohibited from using any deep-linking, page-scraping, robot, spider, or any other automated device, program, algorithm, or manual process to access, acquire, copy, or monitor any part of the platform or its content, or to reproduce or bypass the navigational structure or presentation of the platform or content in order to obtain any information not purposely made available through the platform. We reserve the right to bar any such activity.
2. Attempting to gain unauthorized access to any part or feature of the platform, or to any other connected systems or networks, through hacking, password mining, or any other illegal means, is prohibited.
3. You are not allowed to probe, scan, or test the vulnerability of the platform or any connected network, or to breach the security measures on the platform or connected network. You may not perform reverse look-ups, trace, or attempt to trace information about other users or visitors to the platform, or exploit the platform or its services in any way to reveal information, except your own information provided by the platform.
4. You must not make negative, defamatory, or denigrating statements about us or the brands and domains used by us. You must not engage in any conduct that would tarnish our image or reputation, or tarnish or dilute our trade or service marks, trade names, and goodwill. You also agree not to take any action that would impose an unreasonable load on the platform’s infrastructure or our systems.
5. Interfering with the proper functioning of the platform or transactions conducted on the platform, or interfering with another person’s use of the platform, is not allowed.
6. Manipulating identifiers to disguise the origin of any message or transmission sent to us through the platform is prohibited, as is pretending to be someone else or impersonating another individual or entity.
7. Using the platform or its content for any unlawful purpose or for soliciting illegal activities is not permitted.
8. You are responsible for ensuring full compliance with applicable laws, including the Information Technology Act, 2000 and its rules, as well as domestic and international laws, regarding your use of our service and your listing, purchase, solicitation, and sale of products or services. Engaging in transactions of prohibited items or services is not allowed.
9. To enable us to use your information, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights over your information in any media. We will only use your information in accordance with the Terms of Use and Privacy Policy.
10. From time to time, you are responsible for providing information about the products or services you propose to sell. You undertake that all such information will be accurate and not misleading.
11. Advertising or soliciting other users of the platform to buy or sell products or services is not allowed, nor is transmitting unsolicited commercial or junk emails. Harassment, abuse, or harm of another person through information obtained from the platform is a violation of these Terms of Use. We reserve the right to restrict the number of messages or emails a user may send to others.

We hold the right to monitor the content posted on our platform, but we are not obligated to do so. If we believe that any of the content posted violates any laws or goes against the terms of use, we have the right to remove or edit it. However, you, the user, are solely responsible for the content you post, including in private messages. The content posted does not necessarily reflect the views of Familywala. We are not held responsible or liable for any content posted, or for any claims, damages, or losses that may result from the use of the content. You assure us that you have the proper rights for all content you provide and that it does not infringe on any rights of others or contain any harmful, illegal or offensive information.

Any transactions or interactions you have with advertisers found on or through the Platform, including the payment and delivery of related products or services and any related terms, conditions, warranties, or representations, are solely between you and the advertiser and we will not be held liable for any losses or damages resulting from these dealings.

While using the Platform, you may be exposed to offensive or obscene materials posted by other users, including unauthorized users or hackers, and your personal information may also be obtained by others. We do not condone such unauthorized actions, but by using the Platform, you acknowledge and agree that we are not responsible for the use of your personal information that you publicly disclose. Exercise caution when selecting the information you publicly share.

If you are found to be involved in any way, intentionally or unintentionally, in a Distributed Denial of Service attack, Familywala reserves the right to take necessary action and claim damages.

If you choose to use the voice command-based shopping feature on the Platform, you acknowledge that Familywala and its affiliates will collect, store, and use your voice inputs to improve their products and services and to customize your experience. This data will be used in accordance with the Familywala Privacy Policy and is restricted to use within the territory of India. This feature may not be available on certain devices and requires an internet connection. Familywala reserves the right to change, enhance, suspend, or discontinue this feature at any time without notice. Continued use of this feature signifies your acceptance of its related terms.

The Hindi, Telugu, Tamil, Kannada, Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi, and Assamese translation features on the Platform are provided for your convenience only and without any representation or warranties by Familywala. These translations may contain errors and Familywala does not guarantee their accuracy, completeness, or reliability. You will have the option to add delivery addresses in the selected language, which will be transliterated into English for processing and handling your orders on the Platform. Familywala is not liable for any issues arising from or related to the translation/transliteration features. In the event of any conflict or discrepancy between the translated terms and the English version, the English version will prevail. This feature may not be available on certain devices and Familywala reserves the right to change, enhance, suspend, or discontinue this feature at any time without notice.

Familywala Eshop Pvt Ltd denies all responsibilities and liabilities for any consequences that may result from the actions or inactions of the Familywala Foundation.

 Contents on the Platform

The content on the platform, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork, is user-generated content from a third party. Familywala has no control over this content and is merely a facilitator in accordance with the terms of use.

 

Usage of Content on the Platform

You may use the information on the products and services made available on the platform for downloading, but only for personal non-commercial use. You must not modify the information, remove any proprietary notice language, or use it for commercial purposes without Familywala’s express written consent.

 

Responsibility for Content

You are responsible for any content that you post on the platform, including notes, messages, reviews, ratings, photos, etc. This content becomes the property of Familywala, and you grant Familywala the right to use it for any purpose, including but not limited to promotional and advertising purposes. You agree that your content may be used by Familywala without compensation, in accordance with its Privacy Policy and Site Rules of Conduct.

 

Discretion Advised

Some content on the platform may not be suitable for all viewers, and discretion is advised. Additionally, some content may not be appropriate for children and parents should exercise caution before allowing their children to access it.

 Privacy Policy

Familywala takes the protection of your privacy seriously and stores and processes your information, including sensitive financial information, on secure computers with physical and technological security measures in accordance with applicable laws. Our Privacy Policy is available at Privacy.

 Sharing of Personal Information

Familywala may share your personal information with its corporate entities and affiliates for marketing purposes, unless you opt-out. We may also disclose your personal information if required by law or to comply with legal obligations, prevent fraudulent activities, or protect the rights, property, and safety of our users or the public.

In the event of a merger or acquisition, your personal information may be shared or sold to another business entity, who will be required to follow this Privacy Policy.

 Disclaimer of Warranties and Liability

The platform, its materials, products, and services are provided on an “as is” and “as available” basis without any warranties, express or implied, unless otherwise specified in writing. Familywala does not guarantee that the platform will be available at all times, or that the information on the platform is complete, accurate, or non-misleading. Familywala is not liable for any damage or loss resulting from the use of the platform or its contents.

 Payments

 While utilizing any of the payment options available on the platform, we will not be held responsible or liable for any losses or damages that may arise directly or indirectly due to:

 Unauthorized transactions, or Exceeding the preset limit agreed upon between you and the bank, or

Payment-related issues during transactions, or Decline of transactions for any other reasons.

 All payments for purchases and services on the platform must be made in Indian Rupees, which are accepted in India. The platform does not support transactions in any other form of currency for purchases made on the platform.

 Before shipping or delivering your order, the seller may request supporting documents, such as government-issued ID and proof of address, to verify the ownership of the payment method used for your purchase.

 This is done for the purpose of creating a secure online shopping environment for our users.

 Revised: Transactions, transaction prices, and commercial terms such as delivery and dispatch of products and/or services are solely the responsibility of the buyer and seller. The payment facility is merely used to facilitate these transactions and does not make Familywala liable or responsible for any non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services, or fraud regarding the products and/or services listed on Familywala’s platform.

 Familywala or its service providers are authorized to collect, process, facilitate, and remit payments and/or transaction prices electronically or through cash on delivery to and from other users through the payment facility. Your relationship with Familywala is based on a principal-to-principal agreement, and by accepting these terms of use, you understand that Familywala is an independent contractor and does not have control or liability for the products or services listed on the platform that are paid for through the payment facility. Familywala does not guarantee the identity of any user or ensure that a buyer or seller will complete a transaction.

 The payment facility provided by Familywala is not a banking or financial service but rather a facilitator that provides an automated online payment, collection, and remittance system for transactions on the Familywala platform using existing authorized banking infrastructure and credit card payment gateway networks. By providing this payment facility, Familywala is not acting as a trustee or in a fiduciary capacity regarding the transaction or transaction price.

 Payment Facility for Buyers:

 As a buyer, you understand that when initiating a transaction, you are entering into a legally binding contract with the seller to purchase products and/or services using the payment facility and that you must pay the transaction price to the seller through your issuing bank.

 You may agree with the seller to extend or increase the dispatch and/or delivery time through electronic communication and records using the automated features provided by the payment facility. Any such changes must comply with the payment facility rules and policies.

 You must immediately notify the payment facility of delivery or non-delivery through the appropriate Familywala platform features within the time specified in the policies. Failure to do so will be considered a deemed delivery for that transaction. Buyers of cash on delivery transactions are not required to confirm receipt of the products or services.

 As a buyer, you are entitled to a refund of the transaction price if you do not receive delivery within the agreed-upon time or the time specified in the policies, whichever is earlier. If you do not claim a refund through the platform features within the specified time, you will be ineligible for a refund.

 Please note that the payment facility may not be available in full or in part for certain categories of products and/or services and transactions, as outlined in the policies, and that you may not be entitled to a refund for those transactions.

 Refunds for electronic payments will be made through the payment facility using NEFT/RTGS or any other approved online banking or electronic funds transfer system, and will be in Indian rupees only, equivalent to the transaction price received in Indian rupees. Refunds for cash on delivery transactions will be made via electronic payment transfers.

Refunds may only be supported for certain banks, and for others, you will need to provide alternative bank account details for the refund. Refunds are conditional and may be subject to recourse for Familywala in case of misuse by the buyer. Additional documentation for verification may also be requested.

 Refunds are subject to compliance with the policies, and Familywala reserves the right to impose limits on the number of transactions Adherence to Legal Regulations:

In accordance with relevant laws, if the customer makes a purchase worth INR 2,00,000.00 or more, they must upload a scanned copy of their PAN card to the platform within 4 days of making the purchase. Failure to do so will result in the cancellation of the customer’s purchase. This requirement for submitting the PAN card is only necessary once and if it has already been submitted, it does not need to be done again. If there is a mismatch between the customer’s name and the name on the PAN card, the customer’s order will be cancelled.

Both the buyer and the seller must comply with all applicable laws, including but not limited to the Foreign Exchange Management Act, 1999 and its related rules and notifications, the Exchange Control Manual issued by the Reserve Bank of India, the Customs Act, the Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the Prevention of Money Laundering Act, 2002 and its related rules, the Foreign Contribution Regulation Act, 1976 and its related rules, the Income Tax Act, 1961 and its related rules, and the Export Import Policy of the government of India, for the use of the Payment Facility and the Familywala platform.

 Agreement between Buyer and Issuing Bank:

 The processing of valid credit/debit/cash cards and other payment instruments is done through a credit card payment gateway or relevant payment system and is subject to the terms and conditions agreed upon between the buyer and the respective issuing bank and payment instrument company.

The processing of online bank transfers from valid bank accounts is done through the gateway provided by the relevant issuing bank supporting the Payment Facility for users. Such online bank transfers on the Payment Facility are also subject to the terms and conditions agreed upon between the buyer and the respective issuing bank.

 Familywala Replacement Guarantee aims to provide assistance to Buyers who have been victimized by eligible sellers on the Platform. The duration of the return policy (Familywala Replacement Guarantee) is dependent on the product category and the seller. Please follow this link for information on the return policy periods for different categories. In the event that a defect is discovered at the time of delivery or within the applicable return policy period, the product’s buyer may request a replacement from the seller, subject to the following terms and conditions:

 Notify the seller of any product defects at the time of delivery or within the applicable return policy period, and the defective product will be replaced with a new one.

The replacement can be for the entire product or just part of it, subject to the availability of the replacement product with the seller.

The following products are not eligible for return or replacement:

1. Damages caused by misusing the product;
2. Incidental damage due to product malfunction;
3. Any consumable item that has been used or installed;
4. Products with tampered or missing serial/UPC numbers;
5. Digital products/services (such as Flyte music downloads);
6. Any damage/defects not covered by the manufacturer’s warranty;
7. Any product returned without its original packaging and accessories, including the box, manufacturer’s packaging (if any), and all other items originally included with the product at the time of delivery;
8. Jewelry that is ‘made to order’ upon the customer’s request.

 Clothing and footwear can be exchanged within 30 days as long as they are unused (other than for trying on), unaltered, unwashed, undamaged, and have the original tags and packaging intact. For items that come in branded packaging, the box must also be undamaged.

Note that returns are not accepted for made-to-order jewelry, innerwear, lingerie, socks, clothing freebies, etc.

For products under the Lifestyle category (such as clothing, footwear, etc.), damaged or defective items, or items that are not as described, are covered by the 30-Day Replacement Guarantee. You can check the applicable return policy period for different categories by clicking here.

Familywala reserves the right to take legal action against buyers or sellers who file false or fraudulent claims or provide false, incomplete, or misleading information. Such individuals may also face suspension, restriction, cancellation of their Display Name and related accounts, and disqualification from using the platform’s protection program.

Anyone who knowingly and with the intention to deceive files a fraudulent complaint with false, incomplete, or misleading information may be subject to criminal prosecution to the fullest extent of the law.

Exchange Offer Terms:

By taking part in the exchange, I confirm that I am the sole and rightful owner of the product (device) in question.

I also confirm that the device I am exchanging through the buyback program is authentic and not counterfeit, unencumbered, and free from any liens, attachments, disputes, legal issues, exchanges, or sales agreements. I possess clear ownership of the device.

I agree to indemnify and continue to indemnify Familywala.com and any future buyer of the device against any third-party claims, demands, costs, and expenses, including attorney fees that may be incurred by Familywala.com, its affiliates, or any future buyer due to my use of the device until now, and I agree to compensate for the same.

I confirm that I will erase all data from the device before handing it over for the buyback program, and I understand that even if I erase the data manually or electronically, if any data remains accessible for technical reasons, Familywala.com, the seller, or the manufacturer will not be responsible for it, and I will not approach Familywala.com for any data retrieval.

I consent to my personal information being processed, transferred, and retained by the retailer and other entities involved in managing the program, for the purpose of validating the information I have provided and for administering the program.

I agree to indemnify and continue to indemnify Familywala.com and any future buyer of the old device against any third-party claims, demands, costs, and expenses, including attorney fees, that may be incurred by Familywala.com, its affiliates, or any future buyer due to my use of the device until now, and I agree to compensate for the same.

I understand that once I have sent the device to Familywala, I cannot request to have it returned.

I understand that the new device delivery and the old device pickup will occur at the same time, and I will have the old device ready to be exchanged.

Products distributed as gifts from state-sponsored or NGO-funded distribution programs are not eligible for exchange under exchange offers.

 

Music Digital Content:

MP3 Music: Only selected sellers, at Familywala’s sole discretion, will be able to sell MP3 music on the platform. You may be able to purchase DRM-free digital music in MP3 format on the platform from these sellers. The MP3 music files will be provided to you based on the seller’s selection and subject to the seller’s limitations. You will have the specified download rights for DRM-free MP3 music files from the MP3 music catalogue displayed on the platform. The MP3 music may include full-length MP3 audio tracks at the best available bit rate and other premium features, as may be provided on the platform by the respective sellers from time to time.

MP3 music purchases: At present, you can only buy digital MP3 music through the Platform and Flyte Music Application on the Platform, and only within India.

Rights Granted: The right to download music is a non-exclusive and non-transferable right for your personal, non-commercial use, subject to the Terms of Use. You may only copy, store, transfer, and burn the MP3 music file for your personal, non-commercial entertainment use, in accordance with the Terms of Use. You must use the MP3 music file solely for your personal, non-commercial entertainment use, and not for any restricted use or redistribution. You must not infringe on the rights of the copyright owners and comply with all relevant laws in using the MP3 music file. You may not redistribute, sell, license, or use the MP3 music file in any way. You are not granted any rights for synchronization, public performance, commercial sale, reproduction, or distribution of the MP3 music file. You acknowledge that the MP3 music file is the intellectual property of a third party and is protected by law.

Explicit Consent: You agree that we will not be held liable if you download MP3 music files on the Platform that you find offensive, indecent, or objectionable, and the expressions in the audio files are not endorsed by us.

Cash on Delivery is currently not a payment option for purchasing MP3 music on the Platform.

Final Sales and MP3 Music Availability: All MP3 music file sales are final and cannot be returned on the Platform. Once you purchase MP3 music files, you are encouraged to download them promptly. If you are unable to complete a download, please contact customer service within 6 hours of payment.

Familywala will not be held responsible if your media player does not support the file format offered by the Seller on the Platform, or if your browser does not support the music download application/software offered by the Seller on the Platform.

You assume all risk of loss for any MP3 music files you have purchased or downloaded, including any loss from a computer or hard drive crash.

The Seller may remove MP3 music files from the Service at any time, without notice.

Intellectual Property Rights: It is noted that the copyright and other intellectual property for the music available on the Platform belongs solely to third parties. The Seller represents and warrants that they have been authorized by these third parties to upload the music on the Platform for end-user licensing. Intellectual property rights include copyrights, patents, trademarks, trade names, trade dresses, moral rights, broadcasting rights, and all other rights available under applicable law. The Parties agree that no part of these intellectual property rights will be transferred to the User, and any rights arising from this agreement will be in the absolute ownership, possession, and control of Familywala or its licensors.

Your request to download a MP3 music file is personal to you, and the track cannot be used, sold, transferred, or provided to any other User. The license to download tracks only includes the rights explicitly stated here (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and does not include the right to create a derivative work, make copies for any purpose other than personal use, or use the track in any commercial manner. You must notify us in writing if you discover any unauthorized use or infringement.

The software provided by the seller may be used only in connection with the download of MP3 music files on the platform. It cannot be separated for individual use, combined with other programs, transferred to another service, or used over a network. The seller has the right to discontinue the software or terminate its use at any time. The total liability of the seller or software licensor for any damages related to the use of the software or download manager will not exceed INR 20. The total liability for damages related to the use of the platform, digital content, or information will not exceed the amount paid for the digital content.

 The platform offers DRM-encrypted ePub format eBooks for purchase, which can be accessed through the Familywala platform or eBooks application. To make an ebook purchase, you must be registered with Familywala, and the eBooks will be added to your Familywala eBooks library for downloading onto your device. Each downloaded ebook is locked to the user account and device, with a maximum of six devices allowed for syncing with the online library. The eBooks can only be read using the  eBooks application.

 

The eBooks application, available for the Android platform, allows for reading the eBooks purchased from the eBooks store on mobile or tablet devices. The app also has an in-app store for purchasing eBooks. The app can be downloaded for free from the Familywala platform or Google Play. Currently, eBooks can only be purchased and downloaded within the territory of India, and users must be within the Indian Territory to download purchased eBooks from the library.

 

Upon payment of fees for an ebook, the rights granted to you are non-exclusive and non-transferable for your personal, non-commercial, entertainment use only and in accordance with the Terms of Use. You are only allowed to store the ebook for personal use and you represent, warrant, and agree to use the ebook in compliance with all applicable laws and not infringe on any copyright. No synchronization, public performance, commercial sale, reproduction, or distribution rights are granted to you. The ebook embodies the intellectual property of a third party and is protected by law.

You consent that the platform shall not be held liable if the ebook downloaded by you is found to be offensive, indecent, or objectionable. The Price List displays the full retail price of the ebook, including taxes unless stated otherwise. Payment can be made through credit cards, internet banking, debit cards, Familywala Wallet, or any other mode made available on the platform, in Indian Rupee currency only. Payments made by credit card or any other mode must be received on time, and if not, you agree to pay all amounts due on demand.

All sales of eBooks are final, no returns are accepted, and you bear the risk of loss after purchase. We reserve the right to remove eBooks from the service at any time. The copyright and intellectual property rights of the ebook are the sole and exclusive property of third parties and Familywala is authorized to upload the ebook on the platform for license to end customers. The license to the downloaded ebook includes only the rights stated herein and does not include any commercial use. You are required to notify the platform in writing upon discovery of any unauthorized use or infringement.

Software or updates for the download of ebooks may be made available to you from time to time and can only be used in connection with the ebook download on the platform. The software must not be separated for individual use and must not be used for any commercial purposes. The software is licensed to you and not sold and is subject to the terms of use.

 

The license to use the software shall automatically terminate if you fail to comply with the terms of use. You may not reverse engineer, decompile, or disassemble the software, and you must return or destroy all copies of the software upon termination of the license.

The terms and conditions outlined in these Terms of Service (“Terms”) apply to your access and use of Familywala Ideas (referred to as “Content”). By viewing the Content, you agree to be bound by these Terms. The Content posted on the platform is publicly accessible and can be viewed by anyone who has access to the page.

 

Familywala is hosting the Content created by third-party users (“Content Owners”) on the FK Platform for the convenience of platform users. However, Familywala has no control or ownership over the displayed Content. The views expressed in the Content posted by Content Owners are personal and do not involve any involvement from Familywala in the creation or development of the Content. You are responsible for your use of the platform to view the Content.

 

By hosting the Content on the platform, Familywala does not provide any guarantees, warranties, or representations in regards to the Content. Additionally, Familywala is not responsible for the quality or features of the Content, nor does it endorse the views, products, or services expressed in the Content.

 

The information on the platform, including the Content and any other information, has not been verified by Familywala, and therefore, Familywala will not be held responsible for any such information or Content. If you choose to rely on the Content, Familywala will not be a party to it, and will not be liable or responsible for any actions or omissions of the Content Owner.

 

You acknowledge that the Content is created and owned by Content Owners, who hold all rights, including copyrights, in the Content. The Content is only available for personal use on the platform, and should not be used for commercial, promotional, resale, or further distribution purposes.

 

Any use or reliance on the Content or materials obtained through it is at your own risk. Familywala does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the platform, or endorse any opinions expressed in the Content. By using the platform, you may be exposed to Content that may be offensive, harmful, inaccurate, or inappropriate, or that may have been mislabeled or is deceptive. The Content is the sole responsibility of the person who created it, and Familywala does not monitor or control it, and therefore does not take responsibility for it.

 

Familywala reserves the right to remove any Content that violates the terms of use, such as copyright or trademark violations, impersonation, unlawful conduct, or harassment. If you come across offensive, abusive, or unlawful Content on the platform, you can report it to ideas-support@Familywala.com.

 

You may find Content that offends you or that you don’t like, but that doesn’t violate the content guidelines. In that case, you can choose to unfollow the user who posted it or hide the post.

Your access and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, and that Familywala makes no warranty or representation, and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of any Content; (ii) any harm to your computer system, loss of data, or other harm that may result from your access to or use of any Content; (iii) the deletion of, or the failure to store or transmit, any Content and other communications maintained by the Services; and (iv) the availability

 Digital Content: Familywala Video

1. The terms and conditions that govern your use of the online platform, Familywala Video, which provides live and on-demand audio and video content, are outlined in these “Terms of Service.”
2. The online platform, called the “Platform,” is owned and operated by Familywala Internet Private Limited and only offers the “Content” hosted on the Familywala mobile app.
3. The terms and conditions of using the Platform, accessing and consuming the Content and related services offered on the Platform, are outlined in this document known as the “Terms.”
4. Only individuals who can legally enter into a contract as per the Indian Contract Act, 1872, and who are 18 years or older, can use the services provided by Familywala. Minors can only use the services under adult supervision, and some content may not be appropriate for minors.
5. The Content offered on the Platform is either free of cost or offered at varying terms, which will be communicated to the users at the time of viewing the Content or registering on the Platform. By accepting these Terms, you are granted a limited, non-transferable, and revocable permission to view the Platform and use the services, but no rights, titles, or interests in any Content will be transferred to you.
6. Familywala Video serves as an interactive online platform for users to view different genres of Content, either offered by Familywala or third party content providers. The Third Party Content, generated by third parties, is hosted on the Platform through Platform Partners or provided by Content Owners. Familywala may also offer its own content, known as “Familywala Originals,” commissioned by or procured under a license or copyright agreement.
7. The Content offered on the Platform consists of Familywala Originals or Third Party Content, with Content Owners or Platform Partners providing the Third Party Content. Familywala has no ownership or control over the Third Party Content.
8. In regards to news content, which is also considered Third Party Content, Familywala’s role is limited to providing a URL for access and sharing the content on the Internet. The news content is provided, uploaded, and streamed directly by Content Owners, Platform Partners, or their agents, without any intervention from Familywala. Familywala acts as an “intermediary” as defined under the Information Technology Act, 2000, and is not responsible for any news Content on the Platform, including intellectual property rights infringement, defamation, obscenity, or any other violation of law.
9. Regardless of whether the Content is a Third Party Content or Familywala Original, you are responsible for your use of the Platform and viewing any Content. Familywala will not be held liable for any loss or damage caused by viewing or relying on the Content. By hosting Familywala Originals and permitting the hosting, uploading, or streaming of Third Party Content, Familywala does not guarantee or endorse the Content.
10. The Content will be made available to you through different modes, such as video-on-demand or live streaming, and the method of access will be at the discretion of the Content Owners and/or Platform Partners. Familywala Originals will also be available through various modes at the discretion of Familywala. You have the freedom to view any Content at your own preferred time by accepting the Terms and any other relevant terms for the Content.

1. Availability of the Content and your ability to access it may be subject to laws and the agreements between Familywala and the Content Owners and/or Platform Partners. The access to the Content and Services may also be limited by your geographical location, internet connectivity, system capabilities, and compatibility with the Platform. Not all Content or Services will be accessible to all users. By accessing the Platform and Services, you understand that you are doing so at your own risk and agree to comply with all applicable laws. The quality and quantity of your access to the Content and Services may vary based on factors such as device, internet availability and speed, bandwidth, etc.
2. Familywala is not responsible for any Third Party Content or information on the Platform that has not been verified by Familywala. If you choose to rely on any Third Party Content or information, you do so at your own risk and Familywala will not be held liable for any losses or liabilities that may occur.
3. If you choose to view or rely on Third Party Content or information on the Platform, you are accepting the terms provided by the Content Providers and/or Platform Partners and Familywala will not be a part of this arrangement and will not be held responsible for any actions or omissions of the Content Owners and/or Platform Partners.
4. You acknowledge that the Third Party Content is created and owned by the Content Owners, who hold the copyrights to the content. The Content on the Platform is intended for personal, non-commercial use only, and you are prohibited from using it for commercial or unauthorized purposes or for public performances.
5. You acknowledge that the intellectual property rights for the Familywala Originals belong solely to Familywala and for Third Party Content belong solely to the Content Owners or are licensed to the Platform Partners. During your Familywala membership, you have a limited, non-transferable, and revocable right to access the Platform and view the Content. No other rights, titles, or interests will be transferred to you in the Content or Platform.
6. Familywala reserves the right to terminate or place your account on hold if there is suspected theft, loss, damage, or fraudulent activity. Your access to the Platform and Services may also be immediately terminated, suspended, limited, or restricted by Familywala at any time without notice for reasons such as violation of terms or laws, inappropriate or unlawful conduct, providing false information, or any other reason deemed fit by Familywala.
7. Your account may be terminated or placed on hold by Familywala to protect our interests or those of the Content Owners or Platform Partners from suspected theft, loss, damage, or fraud. Familywala may terminate, suspend, limit, or restrict your access to the Platform and Services at any time, without notice, if you breach the Terms, Privacy Policy, or any applicable laws, or engage in any inappropriate or unlawful conduct or provide false information, among other reasons.
8.   You bear the full responsibility for any use or reliance on any Content or materials obtained through the Platform. We do not guarantee the reliability, accuracy, completeness, or truthfulness of any Content or communication posted on the Platform, nor do we support or endorse any opinions expressed in the Content. You may encounter Content that is offensive, harmful, inaccurate, or inappropriately labeled when using the Platform. The Content Owners who originated the Third Party Content or the Platform Partners who host, upload, and stream the Content are solely responsible for such content. We are not responsible or liable for any Content posted, uploaded, and streamed on the Platform by the Content Owners, Platform Partners, or their affiliates and agents.
9.   We reserve the right to remove any Content or user data that violates these Terms or the applicable laws, such as copyright or trademark violations, impersonation, illegal activities, or harassment. Familywala role is limited to providing a communication platform for the transmission of Third Party Content from the Content Owners or Platform Partners to you.
10.  Personal Information: We may use information such as device ID, location, or an account email address to determine your eligibility for offers. We may share personal information with our corporate entities and Platform Partners for the purpose of providing enhanced customer service.
11.  Service Interruptions: You give consent for your information to be shared with third parties, unless you opt out. You acknowledge that access to the Services and the Platform may be suspended or restricted for repairs, maintenance, or the introduction of new facilities or services without prior notice. We will try to minimize the frequency and duration of these suspensions or restrictions.
12.  If you encounter offensive, abusive, or illegal Content on the Platform, you can report it to Familywala’s customer care.

Revised sentences:

Lack of Representations and Warranties: Your access to and utilization of the Services and any related material is at your own discretion. The Services are made available to you “AS IS” or “AS AVAILABLE” without any guarantee or declaration. Familywala is not liable for the reliability, availability, timeliness, security, completeness, accuracy, or compatibility of any material, harm to your computer system, loss of data, or any other harm that results from your access to or utilization of any material, the deletion of or failure to store or transmit any material, or the availability of the Services on an uninterrupted, secure, or error-free basis. No advice or information obtained through the material creates any guarantee not explicitly stated in these terms.

Restricted Liability: By utilizing the Services, you agree to restrict Familywala’s liability, which includes its parents, affiliates, associated companies, officers, directors, employees, agents, representatives, partners, and licensors, to the maximum extent permitted by law. Familywala, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors shall not be responsible for any direct, indirect, incidental, punitive, special, or consequential damages resulting from your use of the Services or material or from your access to the Platform and utilization of the Services, including, but not limited to, any errors or omissions in the material, any loss or damage of any type incurred from the utilization of the Services, or reliance on any material or information on the Platform.

Compensation: You agree to defend, indemnify, and hold harmless Familywala and its owners, affiliates, subsidiaries, group companies, partners, and their respective officers, directors, agents, and employees (“Indemnified Parties”) from any claims, demands, damages, obligations, penalties, losses, or actions (including reasonable attorneys’ fees).

1. Using the Platform to access any Content or materials is solely at your own risk. We do not endorse or guarantee the accuracy, truthfulness, reliability, or completeness of the Content or communications posted on the Platform, nor do we endorse any opinions expressed through the Content. Using the Platform may result in exposure to Content that may be inappropriate, offensive, harmful, inaccurate, or mislabeled. The responsibility for Third Party Content lies solely with the Content Owners or Platform Partners who host, upload, or stream such Content. Familywala does not monitor or control such Content and is not responsible for it.
2. We reserve the right to remove any Content or user data that violates these Terms or the law, such as copyright or trademark violations, impersonation, illegal conduct, or harassment. Familywala’s role with regards to Third Party Content is limited to providing a communication platform for Content Owners or Platform Partners to transmit such Content directly to you.
3. Personal Information: To determine eligibility and any related offers, we may use information such as a device ID, location, or an email address associated with an existing Familywala account. We may share personal information with our other corporate entities and Platform Partners for the purpose of providing enhanced customer services.
4. Service Interruptions: Unless you opt out, you agree to share your information with third parties. Your access to the Services and the Platform may be temporarily suspended for repairs, maintenance, or the introduction of new facilities or services at any time without notice. We will try to minimize the frequency and duration of such suspensions.
5. If you encounter offensive, abusive, or illegal content on the Platform, you can report it to Familywala’s customer care.
6. Disclaimer of Representations and Warranties: Using the Services or accessing any Content is at your own risk. The Services are provided to you on an “AS IS” or “AS AVAILABLE” basis, and Familywala makes no warranty or representation regarding the availability, accuracy, reliability, completeness, security, non-compatibility, or timeliness of any Content. Familywala is not responsible for any harm to your computer system, loss of data, or other harm that may result from accessing or using the Content, or for any errors or omissions in the Content or information on the Platform. Any advice or information obtained through the Content does not create any warranty or representation not stated in these Terms.
7. Limitation of Liability: By using the Services, you agree that the liability of Familywala and its affiliates, partners, employees, agents, representatives, licensors, and directors shall be limited to the maximum extent allowed by law. Familywala and its affiliates, employees, agents, contractors, licensors, and directors shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the use of the Services or any Content, or any claim related to accessing the Platform or using the Services, including but not limited to errors or omissions in the Content or information on the Platform or any loss or damage incurred as a result of using the Services or relying on the Content or information on the Platform.
8. Indemnification: You agree to defend, indemnify, and hold harmless Familywala and its affiliates, partners, employees, agents, and directors from any claims, demands, damages, losses, penalties, obligations, or actions (including reasonable attorney’s fees) made by a third party against them due to or arising from your or your affiliate’s or relative’s breach of these Terms, the Privacy Policy, or any other policies, violation of any law, infringement of third-party rights, or unauthorized or improper use.
9.  Unforeseeable Circumstances: You acknowledge that in the event of the unavailability of the Platform and/or any of the Services due to circumstances beyond the control of Familywala such as natural disasters, war, disease, civil unrest, strikes, floods, fires, satellite failures, or any other similar events, Familywala shall not be held liable to you in any manner. This also includes any issues arising from the failure or non-performance of the Content Owners or the Platform Partners.
10.  Applicable Laws: These Terms shall be governed and interpreted in accordance with the laws of India. Any disputes arising from your use of the Services or in relation to these Terms will be resolved in accordance with Indian law. You agree that Familywala has the right to bring any legal proceedings before a court of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts. You also agree that any legal proceedings initiated by you shall be exclusively brought before the courts in Jabalpur, India.
11.  Separability: If any provision of these Terms is deemed invalid, void, or unenforceable, it will be considered separate from the remaining provisions and the remaining provisions will still be in full force and effect.
12.   Changes: Familywala reserves the right to revise these Terms at any time without prior notice. The updates, revisions, supplements, modifications, and additional rules will be posted on the Platform and will become effective immediately after posting. It is recommended that you regularly check the Platform for updated terms. Your continued use of the Services and/or the Platform will be deemed as your acceptance of all revised terms.
13.  Complete Agreement: These Terms, the Privacy Policy, and any other terms and policies prescribed by Familywala from time to time constitute the entire agreement between you and Familywala, governing your use or access to the Services and/or the Platform and superseding any prior agreements.
14.  Continuing Effect: You acknowledge that the provisions regarding representations, warranties, indemnities, limitation of liability, grant of license, and governing law shall survive the termination of these Terms and continue to be in effect.

Indemnification :You agree to defend, indemnify, and hold Familywala, its owners, licensees, affiliates, subsidiaries, group companies (if applicable), and their respective officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising from your breach of these Terms of Use, Privacy Policy, and other policies, or your violation of any law, regulation, or the rights (including intellectual property rights) of a third party.

Applicable Law and Jurisdiction The Terms of Use shall be governed by and construed in accordance with the laws of India, and any disputes arising from the use of the Platform will be resolved exclusively in the courts of Jabalpur.

Location Restrictions The Platform and its offerings are presented solely for the purpose of sale in India and Familywala makes no representation that the materials on the Platform are appropriate or available for use in other locations outside of India. Those who choose to access the site from other locations do so at their own risk, and Familywala is not responsible for the supply of products or refunds for products ordered from outside of India, or for compliance with local laws where applicable.

Intellectual Property The site is owned and operated by Familywala and the products are sold by respective sellers. All materials on the site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. The materials on the site are for personal, non-commercial use only, and may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means. Any modification of the materials, use of the materials on any other platform, or use for any purpose other than personal, non-commercial use is strictly prohibited without the prior written consent of the owner. Any use that results in remuneration, whether in money or otherwise, is considered a commercial use under this clause.

Trademark complaint

Familywala respects the intellectual property of others. In case You feel that Your Trademark has been infringed,

You can write to Familywala at infringement@familywala.com  or ss@Familywala.com.

Product Description

Familywala we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL FAMILYWALA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform through the link: https://www.Familywala.com/helpcentre.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Mr. Kumar

Designation: Senior Manager

Familywala Eshop Pvt Ltd

527/62,   3 rd Floor,

New Jagdamba Colony

Jabalpur MP-482002 India

Contact us

Email: grievance.officer@Familywala.com

Phone: 9109134448

Time: Mon – Sat (10:00 – 18:00)

Customer Support:

You can reach our customer support team to address any of your queries or complaints by clicking the link, selecting your order and choosing ‘Need Help’ option: https://www.Familywala.com/helpcentre

POLICIES

Profanity Policy

Familywala prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

• Report offensive Display Names
• Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

Familywala will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.

Violations of this policy may result in a range of actions, including:

1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.

Familywala shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Familywala is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Familywala shall have the right to delete the customer review. Familywala shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.

Replacement Guarantee*

The Replacement Guarantee aims to help buyers who have fallen victim to fraudulent sellers on the platform. If the buyer discovers any defects at the time of delivery or within a specified number of days after delivery, they can request a replacement from the seller.

If Familywala suspects or is aware of any buyers or sellers participating in activities that involve providing false, misleading, or fraudulent information, it reserves the right to take legal action and may also choose to suspend, restrict, cancel the display name of the buyer and/or seller and/or prevent them from using the protection offered by the program.

Familywala retains the right to pursue legal action against a user who files invalid or false claims or provides false, incomplete, or misleading information. In addition to legal action, Familywala may also decide to suspend, restrict, cancel the display name (and related display names) of the user and/or prevent them from accessing the protection of the program. Filing a fraudulent complaint with false, incomplete, or misleading information is a criminal offense and anyone found guilty of doing so will be prosecuted to the fullest extent of the law.

For more details related to Replacement Policy, refer to s/help/cancellation-returns

Returns Policy

Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the Familywala Platform. Following situations may arise:

1. Item was defective
2. Item was damaged during the Shipping
3. Products was / were missing
4. Wrong item was sent by the Seller.

Return could also result in refund of money in most of the cases.

Points to be noted:

Seller can always accept the return irrespective of the policy.

If Seller disagrees a return request, Buyer can file a dispute under the Buyer Protection Program*.

We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

Buyer needs to raise the return request within the return period applicable to the respective product.

Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Seller while closing the return ticket can select one of the following:

Replace after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)

Refund after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)

Refund without shipment collection – Seller has agreed to refund the buyer without expecting the original shipment back)

Replace without shipment collection – Seller has agreed to replace the order without expecting the original shipment back)

On certain select days as specified by Familywala (such as ‘The Big Billion Day’) separate policies may be applicable.

In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

In case the Seller doesn’t close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.

Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:

Category                               Condition

Electronics           :              Should be included

Clothing and Footwear:  Should be “New & Unworn” (other than for trial)

Beauty, Health & Personal Care: Should be “New & Unopened”

Sports & Equipment:     Should be “New” and returned with original packaging

Office Products:   Should be “New” and returned with original packaging

Jewellery:              Should be “New” and returned with original packaging

If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.

Shipping cost for returning the product shall be borne and incurred by the Seller.

Replacement

Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

Points to be noted:

1. Seller can always accept the return irrespective of the policy.
2. If Seller disagrees for a return request, Buyer can file a dispute under Buyer Protection Program*.

Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on the Toll Free Number provided on the Platform. Once the replacement request has been raised, the following steps shall be followed:

1. Buyer is asked for “Reason for Return”. Among others, the following are the leading reasons:
2. Shipping was damaged
3. Item was defective
4. Item Dead on Arrival
5. Item(s) were missing
6. Wrong item sent
7. An intimation shall be provided to Seller seeking either “approval” or “rejection” of the

replacement request.

8. In case the Seller accepts the replacement request, Buyer shall be required to return the product

to the Seller and only after return of the product, Seller shall be obliged to provide the replacement

product to the Buyer.

9. Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by contacting us

through this link: https://www.Familywala.com/helpcentre.

In case the Seller doesn’t have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

If the Seller doesn’t respond to the Buyer’s replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller shall be liable to refund amount paid to the Seller.

All shipping and other replacement charges shall be borne and incurred by the Seller.

Disputes (Resolutions) Policy

Overview

Typically, transactions on Familywala go smoothly, but there may be instances where both buyers and sellers encounter problems. To address these disputes, Familywala has a dispute resolution process in place to resolve any conflicts between buyers and sellers.

What is a ‘dispute’?

A dispute can be described as a conflict between a buyer and a seller regarding a transaction on the platform.

How does a ‘dispute’ occur in the Marketplace?

Disputes are initiated when a disagreement arises between the buyer and the seller. They are usually triggered by one of the parties being unsatisfied with the outcome of their initial complaint or issue. It’s crucial that before either the buyer or the seller files a dispute, they should try to resolve the problem on their own. It’s worth noting that when a buyer raises a dispute, the seller’s payment for the related order is immediately frozen until the dispute is settled.

How is a ‘dispute’ created?

Whenever there is a disagreement, the Buyer can contact us through this link https://www.Familywala.com/helpcentre, while the Seller can write to

Email:  ss@familywala.com in order to raise a dispute. Disputes can be raised at a particular transaction level.

What are the various types of ‘disputes’?

Here are some examples of potential disputes that may arise:

1. Incorrect item received
2. Product not as described
3. Product is damaged or seal is broken
4. Missing parts/accessories
5. Item not compatible
6. Seller description/specifications are incorrect
7. Product is defective (functional issues)
8. Product is not functioning and the manufacturer denies the validity of the invoice.

In the event that the seller denies the buyer’s return request and the buyer files a dispute, Familywala will attempt to mediate and resolve the disagreement between both parties. If the dispute is resolved in the buyer’s favor, they will receive a refund after returning the product to the seller. If the dispute is resolved in the seller’s favor, the buyer will not be entitled to a refund.

The Buyer Protection Initiative

In situations where a dispute arises and the seller is unable to provide a refund or replacement, Familywala will work diligently to find a solution.

The buyer protection initiative is available to buyers who are unable to successfully resolve their dispute with the seller or are not satisfied with the seller’s resolution.

If the issue with the seller remains unresolved, the buyer can reach out to Familywala for assistance through this link: https://www.Familywala.com/helpcentre. The Familywala customer support team will then investigate the case to determine if there are any signs of fraud and if the buyer has been banned from making purchases on the platform. Only after these factors have been verified, a dispute can be officially registered.

In case of a dispute where the Seller is unable to provide a refund or a replacement, Familywala will actively work towards reaching a resolution.

The customer support team will not arrange for a conference call, but instead acts as a liaison between the customer and the seller.

In the event of a dispute, Familywala may give both parties access to each other’s display names, contact information, including email addresses, and other relevant details related to the dispute. However, both buyers and sellers must receive approval from Familywala before resolving the dispute.

Qualifications and Limitations for Buyers

The Buyer Protection Initiative is only available to Buyers who have made a purchase on Familywala.

The Buyer must file a dispute within 45 days from the date of delivery of the product.

Damage or loss of the product after delivery is not covered under this program and is the sole responsibility of the Buyer. If the item is damaged, the Buyer should refuse delivery.

Before taking advantage of the Buyer Protection Program, the Buyer must first attempt to resolve the issue with the Seller. If the Buyer does not receive a response from the Seller or is unable to resolve the issue, a dispute can be raised with Familywala by contacting them through the link: https://www.Familywala.com/helpcentre

The Buyer Protection Initiative does not cover fraudulent charges or false claims.

Under the Buyer Protection Initiative, instances of fraud and deceitful behavior will not be covered. If the Buyer has already initiated a dispute through their credit card issuer, they will not be eligible for protection under this program. Additionally, Buyers who have been blacklisted or blocked, and those who have reached the maximum limit of 5 claims per year (withdrawn claims not included) with a coverage amount of up to ₹50,000, will not be eligible. The program does not offer any guarantees or warranties for technical or manufacturing defects in products sold on Familywala. Simply raising a dispute against a Seller does not guarantee a refund or replacement, as the validity and genuineness of the claim will be thoroughly examined by Familywala.

Familywala will not be held responsible for any losses, expenses, or costs incurred by either the Buyer or the Seller.

Claims arising from “buyer’s remorse” will not be processed through the program.

Familywala reserves the right to pursue legal action against individuals who file false or misleading claims or provide false information. Such individuals may also face suspension, restriction, or cancellation of their account on the platform, as well as disqualification from the Buyer Protection Program.

The decisions made by Familywala through this program are final and binding.

Familywala reserves the right to change or discontinue the Buyer Protection Program without notice.

Claims regarding delayed shipment or delivery by the Seller will not be entertained.

The Familywala Customer Support Team may request additional information from the Buyer to resolve the dispute. If the Buyer does not respond within 10 days, the dispute will be closed in favor of the Seller.

Handling Disputes through Charge backs

In the event of a chargeback (CB) being received from a payment gateway/bank, the following scenarios may arise:

Item Not Received CB – The buyer has not received the item. Refunds will be processed in accordance with the dispute policies.

Unauthorized CB – The buyer did not make the transaction in question. Refunds will be processed in accordance with the dispute policies.

The seller acknowledges that it is their sole responsibility to issue a correct and complete invoice, which must state “Powered by Familywala”. Failure to do so may result in the seller being liable for chargebacks.

Item Not as Described – The item is not what the buyer expected. The dispute will be resolved in accordance with the dispute policies.

Email Communication and Threat Policy

Familywala does not regulate private communication, including email correspondence, and encourages its users to maintain a professional, courteous, and respectful tone.

However, Familywala will investigate and take action on specific types of unwanted emails that violate its policies.

Types of Prohibited Email:

Threats of Physical Harm – Sending explicit threats of physical harm is not allowed on Familywala.

Misuse of Familywala System – Users are only allowed to use the Familywala system to facilitate transactions and any misuse of the service will be investigated.

Fake Email – Sensitive information should never be provided through email, and in case of receiving a fake email, the user is requested to report it through the “Contact Us” tab.

Spam (Unwanted Commercial Emails) – Only commercial messages sent by Familywala Users are subject to the spam policy, and users are not permitted to send spam messages to other users.

Offers to Buy or Sell Outside of Familywala – Email offers to buy or sell listed products outside of the Familywala platform are prohibited and pose a potential fraud risk for both buyers and sellers.

Familywala does not tolerate any type of threat involving physical harm made by its users, whether it be through phone, email, or the platform’s public message boards. Consequences for violating this policy can include restrictions on account privileges, suspension of the account, removal of listings, and forfeiture of special status.

Liability for Affiliates and Third-Party Platforms

Familywala holds no accountability or responsibility for the products, services, content, and actions on the Platform linked to affiliates or third-party platforms that use the Platform’s APIs or any other means. The Platform may offer links to third-party platforms of affiliated companies and other businesses, but Familywala does not assume any obligation to evaluate their products and services. Familywala provides no warranty or endorsement for these businesses or their offerings, or the content of their third-party platforms. Familywala does not support any third-party platforms or their content in any way..

Reporting Listing Infringements with Familywala Infringement Verification Process

Familywala has established the Familywala Infringement Verification process to allow intellectual property owners to report listings that violate their rights easily. Keeping infringing products off the site is crucial to maintain the trust of buyers and reputable sellers.

• If you are a verified rights owner and wish to report a listing violation, please consult Familywala’s FIV. Please note, only the intellectual property rights owner can report potentially infringing products or listings through FIV. If you are not the rights owner, you can still assist by connecting with them and encouraging them to get in touch with us.
• If your listing was taken down through FIV and you believe this was done in error, please reach out to us.

Familywala cannot guarantee that the products listed by sellers have the necessary rights or permission to be sold. Nevertheless, Familywala is dedicated to removing any items that may infringe on the intellectual property rights of others once a verified representative of the rights owner reports it.

The Familywala Infringement Verification (FIV) process is in place to prevent any violations of copyright, trademark, or other intellectual property rights on the platform. Through the FIV, individuals or companies who hold such rights can report potentially infringing items and request for their removal.

By becoming a FIV member, the verified rights owner will have access to the following benefits:

• Swift action from Familywala in ending listings reported as infringing by the verified rights owner
• Dedicated email support for reporting infringement claims
• The ability to retrieve information about Familywala users.

To Become a FIV Member

To become a FIV member, you must fill out and send a Notice of Infringement form to Familywala, which includes information about the allegedly infringing listing and the infringed work, along with an original authorized signature. This form is designed to confirm that the person reporting the infringement is authorized by the rights owner and to help Familywala easily identify the material in question.

After the first Notice of Infringement is received in hard copy, future notifications can be sent by email to ss@Familywala.com.

It’s important to note that each notice must specify the exact listing that is infringing your intellectual property rights. General notices will not be accepted. Although Familywala is happy to receive such information, they may not be able to respond without proper notice from an authorized rights owner.

Notice of Infringement

Familywala Eshop Private Limited

[Name] ____________________________ of [Address] _________________________ declares the following as true and correct:

I am the owner of certain intellectual property rights, and am named [Name of IP Owner].

I have a sincere belief that the item listings or materials listed in the attached annex are not authorized by the IP Owner, its agent, or the law, and therefore infringe on the IP Owner’s rights. I request that these materials or products be promptly removed or access to them be disabled.

I can be reached at the following contact information:

Name: ___________________________________________________________

Title & Company: ____________________Address: ___________________________

Email (correspondence): ______________Telephone/Fax: _____________________

Date: _______________

This declaration is made under penalty of perjury, and I believe it to be true and correct.

Declared by: _____________________

On [Date]: ________________________ in [Place]:________

Signed: ______________________________

Supplement to Notice of Infringement:

List of Alleged Infringing Materials

Information on Reason Codes: When reporting item numbers, please use the corresponding reason codes provided. Upon removing products from the platform, Familywala will communicate to Sellers the specific reason for the removal of their items.

Please choose the most suitable reason and associate each item you report with a single reason code.

Trademark Infringement:

1. Trademark owner doesn’t manufacture or has discontinued production of the item(s).
2. The item(s) is an illegal imitation of a product produced by the trademark owner or is a fake product.

Trademark Listing Description Infringement:

1. The listing(s) makes an unauthorized comparison to the trademark owner’s brand or product.
2. The listing(s) features the unlawful usage of the trademark owner’s logo.

Copyright Infringement on Items:

1. Software is offered without any valid license or in violation of a license agreement.
2. The item(s) is a pirated recording.
3. The item(s) is an illegal copy of software, games, movies, etc.
4. The item(s) is a duplicate of printed material without permission.
5. The item(s) is a copy of another copyrighted work, such as paintings or sculptures, without permission.

Copyright Infringement on Listing Content:

1. The listing(s) includes unauthorized copies of copyrighted text.
2. The listing(s) includes unauthorized copies of copyrighted images.
3. The listing(s) includes unauthorized copies of copyrighted text and images.

Reason Code: ____________________________________

Work(s)__________________________________________

Infringed: ________________________________________

Item Number(s): ___________________________________

Note:

1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
2. Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to

infringement@Familywala.com ; or ss@Familywala.com.

Getting in Touch with the Seller

At Familywala, we aim to resolve conflicts between buyers and sellers through our dispute resolution processes. If a buyer wishes to directly contact the seller, they can access the seller’s contact information provided on their product listing pages. Additionally, buyers can reach out to customer support at 9109134448 or use the help center for assistance.

at https://www.Familywala.com/helpcentre.