Terms & Conditions

1. Terms of Use The website ‘www.firstclub.co.in’ (“Website”) and mobile application ‘First Club’ (“App”) (Website and App collectively referred to as the “Platform”) is operated and managed by Trolleypop Retail Private Limited (“Trolleypop Retail”), a private limited company incorporated in accordance with the provisions of the Indian Companies Act, 2013 and having its registered office situated at #47, Yashwanthapura, Industrial Suburb 60, Bangalore, Karnataka - 560022 and Trolleypop Retail is the licensed operator of the Platform and is offering consumer goods such as grocery, café products, health and wellness care products, other fast moving consumer goods, etc (collectively, “Product(s)”) for sale on the Platform including, without limitation, on a subscription based model. These terms of use (Terms) govern your use of the Platform, and for the purpose of these Terms, Trolleypop Retail be also referred to as "We", "Us", or "Our" and the terms “You”, “Your” or “User” refer to user of the Platform. We maintain reasonable security standards for securing the transactions and Your information. Your use of the Platform is conditional upon Your acceptance of the Terms. Please read these Terms carefully before You use the Platform. If You do not agree with these Terms, You may not use the Platform or access any services provided thereon, and We request You to uninstall the App and not access the Platform. However, if you use or access the Platform or any services thereon, You shall be contracting with Trolleypop Retail and You signify Your acceptance to these Terms and other Trolleypop Retail policies (including but not limited to the cancellation & refund terms and the privacy policy and other policies or terms as may be posted on the Platform and amended from time to time (Other Terms), which takes effect on the date on which You first use the Platform and thereby create a legally binding agreement to abide by the same. Further, by furnishing Your personal information, You consent to Trolleypop Retail accessing Your personal information for the purpose of enabling transactions, You also agree that You are interested in availing the services through the Platform in accordance with these Terms. If required by Us or under applicable law, you will provide additional consents in relation to access and sharing of your personal and other information with third parties. Trolleypop Retail retains an unconditional right to modify or amend these Terms. You can determine when these Terms were last modified by referring to the ‘Last Updated’ legend above. You agree to regularly review the Terms on the Platform. Trolleypop Retail reserves the right to amend, suspend, discontinue or add any or all services without prior notice and can add or remove relevant terms and conditions, if necessary. Any updation of the Terms as a consequence of change in legal and regulatory compliances, shall be made in compliance thereof. Your continued use of and access to the Platform shall be Your consent to any changes made by Us in these Terms. In the event, the modified Terms are not acceptable to You, You should discontinue accessing the Platform. 2. Access to Services You acknowledge that the Trolleypop Retail allows You to avail a personal, limited, non-exclusive, non- transferable, and revocable privilege to access and use the Platform for the purposes of purchasing goods and availing the Services. For the purposes of these Terms, “Services” shall mean the aggregate of services offered by Trolleypop Retail including the provision of, and Your access to the Platform and/or consequent sale of Products on the Platform including, without limitation, subscription services, last mile delivery services, late night delivery by Service Enablers (defined below) and other services as may be offered by Trolleypop Retail on the Platform from time to time at a fee as may be charged additionally. The aforesaid revocable privilege to access does not include/permit resale or commercial use of the Platform or its Content (defined below), in any manner. Trolleypop Retail may, at their discretion, add, modify or remove any and all portions of the Products and /or Services from time to time without notice. Trolleypop Retail may also make applicable, at its discretion, additional terms and conditions specific to any category or section of Products and/or Services in addition to these Terms and Your purchase of any of such category or section of Products and/or Services shall also be governed by such additional terms and conditions. Trolleypop Retail reserves the right to provide the Services in any area or city in India, as may be determined by Trolleypop Retail in its sole discretion. Before applying or registering for availing any of the Services, We request You to please check if the Services are available in Your area or city. Last mile delivery may be provided by engaging third-party delivery service providers. Trolleypop Retail does not: (i) adopt any ‘unfair trade practices’ either on the Platform or otherwise with respect to its services; (ii) discriminate between Users of the same class or make any arbitrary classification of the Users and (iii) discriminate between the third-party delivery service providers. 3. Use of the Platform The Products and/or Services are not available to minors i.e., persons under the age of 18 (eighteen) years, undischarged insolvent, any Users who are not competent to enter into a contract under the Indian Contract Act, 1872, unless otherwise provided hereunder or to anyone previously suspended or removed by Trolleypop Retail from availing the Products and/or Services. You hereby represent that You are: (i) of legal age to form a binding contract, (ii) not a person barred from receiving the Services from the Platform under the applicable laws; (iii) competent to enter into a binding contract and (iv) have not been previously suspended or removed or disqualified for any reason from the Platform. If You are under the age of 18, You shall use and access the Platform only with the express consent of a parent or guardian and under their supervision. In the course of provision of Services, Trolleypop Retail employs, contracts or engages various service enablers performing a variety of functions including, without limitation, third-party service providers, vendors, payment aggregators/ payment gateways, payment solution providers, etc (“Service Enablers”). Such Service Enablers are key to our smooth provision of Services to You. You will not discriminate against such Service Enablers based on race, religion, caste, creed, national origin, disability, sexual orientation, sex, marital status, gender identity, age, language or any other metric. Any credible proof of such discrimination, including any refusal to receive the Products and/or Services based on the above metrics, whether alone or in conjunction with any other metric, shall render You ineligible, leading to suspension of access to the Platform. You will not have any claim, and We will not have any liability to You on account of any such suspension. You consent to Trolleypop Retail sharing your personal information with FirstClub Technology Private Limited (“Firstclub”). You shall not make negative, defamatory, misleading, deceptive, or libelous remark about Us or Our brand, including ‘Trolleypop Retail’, the brand ‘Firstclub’ and their agnates and cognates, on the Platform or otherwise, or take any actions that could harm Our’ or ‘Firstclub’ brand’s reputation or dilute their trademarks, goodwill, reputation or any other kind of intellectual property rights including but not limited to our rights to obtain registrations in respect of intellectual property. Additionally, You will not impose an excessive load on the Platform's infrastructure or Our systems and networks. 4. User Account, Password and Security In order to access the Services, You will have to register and create an account on the Platform by providing details as may be required (Account). When You use the Platform, Trolleypop Retail may collect personal information such as Your name, email, age, photograph, address, mobile number, and contact details and also documents pertaining to the same. This includes demographic information like gender, occupation, and education, as well as Your activity on the Platform such as visited pages, clicked links, and transaction details, including financial information needed to provide services and manage the Platform effectively. You are solely responsible for the information You provide to Us. You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up- to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request Trolleypop Retail for information revision or update. If the information provided by You is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), Trolleypop Retail reserves the right to refuse delivery of any and all the Services, if Trolleypop Retail has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Trolleypop Retail reserves the right to refuse access to the Platform at any time without notice. Confidentiality of the Account credentials shall be Your responsibility. Trolleypop Retail disclaims any liability for losses due to unauthorised access of Your account. 5. Payment Related Information The information related to the accepted payment methods on the Platform shall be displayed during the purchasing process. Trolleypop Retail shall accept the payments, and process refunds only in Indian National Rupee currency. To the extent permitted by applicable law and subject to Other Terms specifically the privacy policy, You acknowledge and agree that Trolleypop Retail may use certain third-party vendors and service providers, including, without limitation, payment gateways and/or payment aggregators and/or payment solution providers which further provide access to acquiring institutions such us various banks, financial institutions, card schemes, payment system providers, escrow banks, etc, to process payments and manage payment card information. Such Parties are separate to Trolleypop Retail and You will be subject to their terms and conditions while making any payment for the Products and/or Services and refund(if any) through such intermediaries and/or third parties, without prejudice to any terms and conditions herein. You consent to Trolleypop Retail sharing Your personal information with such third-party vendors and service providers for the purpose of enabling transactions and undertaking payments and other related actions. You undertake to provide valid bank details or other payment related details as may be required by our third party vendors for facilitating payment towards the transaction (Payment Details). By providing the Payment Details, You represent, warrant, and covenant that: (a) You are legally authorized to provide such Payment Details; (b) You are legally authorized to make payments using such Payment Details; and (c) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform. You agree to comply with all applicable law in relation to Your usage of the payment methods/ instruments and all terms and conditions, rules and regulations as may be imposed by such payment aggregators, payment gateways, payment service providers, acquiring banks, card networks or such other entities. Trolleypop Retail or it’s payment partners may enable certain velocity checks (rate limits) on both forward transactions or refunds based on its internal risk perception. Such limits may apply at an individual user or individual payment instrument level. Except to the extent otherwise required by applicable law, Trolleypop Retail is not liable for any payments authorized through the Platform using Your Payment Details. Trolleypop Retail is not liable for any payments that do not complete a transaction due to reasons including but not limited to: following: Insufficient funds in Your bank account; You have not provided correct Payment Details; Technical issues or interruptions in the Platform or payment processing systems; Violation of any terms or conditions governing the use of Your Payment Details; Fraudulent activity or unauthorized use of Your Payment Details; Your payment card has expired; Any other reason for declining of payment transaction; or Any other circumstances beyond TROLLEYPOP RETAIL’s reasonable control which prevent the execution of the transaction. Trolleypop Retail shall not be responsible or obligated to refund any money to You for any unauthorised transactions conducted on the Platform using Your Payment Details. The payment facility facilitated by Trolleypop Retail is neither a banking nor a financial service but is merely a facility providing an electronic, automated online electronic payment system, and receiving payment on delivery for the transactions on the Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable. For some payment methods, Your payment service provider may charge You certain fees, such as transaction fees or other fees, relating to the processing of Your transaction. Title of any Products purchased by You on the Platform shall be transferred to You post You making applicable payment for the same and also comply with any requirements which are applicable for the order. All Payment Details provided by you shall be governed by our privacy policy as published on the Platform. In addition to the same, We and our Service Enablers including without limitation as payment aggregators/ payment gateways and other payment solutions providers may use your Payment Details and other related information regarding the transaction undertaken by You with us, for the following purposes: to comply with applicable laws; to provide the services to Us in relation to facilitating Your payments towards the transaction; to improve and personalize Your experience; to detect fraudulent or suspicious transactions and for risk management; for smart routing service; for providing recommendations, including recommendations on outage or alternate payment method for increasing conversion rates; to do industry benchmarking for improvement of the payment success rate; for data analytics; credit modelling and/or; any other similar purposes. 6. Tokenisation You may, at your own risk and costs, request for tokenisation services for Your card based payment instruments during the payment process (“Tokenisation Services”). You understand that We do not provide Tokenisation Services and the same is offered by our relevant Service Enablers who in turn, on your behalf, would place the requests for Tokenisation Services to the respective card issuing institutions. The Tokenisation Services shall be provided by our relevant Service Enablers in accordance with their terms and conditions which You agree to comply and abide with. We shall not be responsible or liable in any manner for Your non-compliance with such applicable terms and conditions or applicable regulations as may be issued from time to time by issuing institutions, card networks, card scheme, etc. You agree to provide your express consent without any further requirement on Our part in relation to the Tokenisation Services at the relevant time of you availing said Tokenisation Service. Your access to Tokenisation Services shall constitute adequate consent towards such Tokenisation Services without any further requirement on Our or Our Service Enablers’ part. You may withdraw your consent by writing to us at support@firstclub.co.in. You have an option to register/de-register Your card for a particular use case as per the applicable laws. You may edit/delete the tokenised card details from Your profile section on the Platform You acknowledge that: We collect information and data from you including, without limitation, personal information, card number, expiry date, CVV and cardholder name, and such data is processed, managed and transferred for the purpose of providing tokenization services to the You in accordance with applicable terms and conditions or applicable regulations as may be issued from time to time by issuing institutions, card networks, card scheme, etc, and under applicable laws. issuing institutions, card networks, card scheme, Juspay, etc have the right to use, transfer and otherwise process personal information/ data collected, received and provided by You, including on a global basis as necessary to provide the tokenization services. If required under applicable law, You shall provide explicit consent as a cardholder to Us for processing of personal information/data. card networks may process Your data or information shared with them for the various purposes including for internal research, fraud, security, and risk management and such data shall be treated and processed in accordance with card network's rules. In relation to You, it is hereby clarified that We shall be responsible for responding to your (individual’s) rights request, as appropriate. You consent to Trolleypop Retail and/or a Service Enabler (such us Juspay) sharing and disclosing any of Your data or information, if such data is required to be disclosed by such person (including Juspay) under applicable laws, or as requested by card networks or its issuers, or under regulatory requirements or investigations. You agree to provide accurate and complete, information, documents and details that is required by Our Service Enablers to provide the Tokenisation Services. 7. Price of Products and Services By placing an order You agree to pay the prices mentioned on the Platform. The prices of the Products and Services are an offer for sale and may be modified by TROLLEYPOP RETAIL from time to time without any prior notice. TROLLEYPOP RETAIL endeavours to display the Products and services at the accurate prices as possible on the Platform. There may be inadvertent errors with respect to the price and other information of the Products or services that You may bring to Our notice of such errors and We shall effect necessary corrections The Users will be informed about all the charges, fees, and costs (including delivery fee) that may be levied on the purchase of the Products or services on the Platform at the checkout page during a transaction. The expression like 'Lowest Prices' pertains to the computation of average prices for all Products and Services offered for sale on the Platform (in comparison to competitors in the quick commerce segment for groceries and related products, in most of the cases) and are subject to availability of stocks. Promotional vouchers are issued under various nomenclatures which are intended for instant use during a session or otherwise and shall lapse or expire unless used and are subject to revocation without any prior notice. 8. Delivery fees, ETA and Other Charges The delivery fees cover the delivery services as part of the sale of Products purchased by You on the Platform. The delivery of the order will be provided within the time period communicated to You through the Platform. While efforts are made to display an estimated time of arrival (ETA) for every order, the delivery time may vary due to factors such as third-party delivery service availability, demand, traffic, weather conditions, force majeure events, and other unforeseen circumstances. Orders placed by You may be split into multiple sub-orders, each potentially having a different ETA. Additionally, You agree that certain charges, such as fees for rain, peak hours, high demand or surge periods, late-night delivery, packaging and handling, convenience or platform usage, small cart fees, or other applicable charges, may apply. These charges will be displayed in the "View Bill" section before the checkout page on the Platform. The delivery of the orders will be made to the address specified by You at the time of placing the order on the Platform. It is Your sole responsibility to ensure that the delivery address is complete, accurate and includes any additional instructions required to facilitate delivery. Trolleypop Retail shall not be liable for non-delivery or delays in delivery arising from an incorrect or incomplete address provided by You. The Products will ordinarily be delivered when an appropriate person is available to receive the order at the address provided by You. If You request that the delivery, be left unattended at Your address, You expressly waive and release Trolleypop Retail from any liability arising from the Products being left unattended, including, but not limited to, theft, tampering, contamination, or spoilage for any reasons including due to changes in temperature for items requiring chilled or frozen storage. In the event You opt for ‘Cash on Delivery (CoD)’ mode, Trolleypop Retail/ third-party delivery service providers shall have the right to refuse delivery of the order to You if You fail to make the complete payment and Trolleypop Retail shall treat such order as cancelled order and shall not be liable for any losses or damage that may arise on account of such non delivery to You. You agree to pay the delivery fee or any other fees for such cancelled order towards the cost incurred on such delivery attempt. 9. Returns, Cancellations and Refunds You may return the Product in an order, subject to the satisfaction of the following conditions: wrong item being delivered other than what You had ordered in an order, or items substantially damaged or deteriorated in quality at the time of delivery. You agree that You shall give all the requisite proofs including but not limited to images of Products having issues. You shall check the Products upon delivery and initiate exchange or return with the requisite proofs on the Platform, as available. You may also exchange or return the Product by contacting Our customer support team. You may request exchange or return of the Products, purchased on the Platform provided that the Products are sealed/unopened/unused and in original condition and on the same day of delivery/or as per the exchange/refund timeline displayed on product check out page, if any. Please note, the requests for exchange or returns will not be accepted from the day following the day when Product/s were delivered to You unless there are certain categories of the Products for which higher return or exchange period is provided. You are requested to dispose off the Products for which refund has been processed. It is clarified that Your request for exchange or return of the Products shall only be processed subject to relevant timelines thereof. For digital products, including gift cards and vouchers, no returns or refunds are permitted unless otherwise allowed by Us or our Service Enablers (basis our agreement with such Service Enabler). If You encounter any issues related to validity, usage restrictions, or redemption, You must contact the respective issuer. Please review the issuer or Platform’s terms and conditions which apply alongside these Terms. You may cancel an order without charge at any time before the Trolleypop Retail accepts the order. You cannot cancel the order post acceptance of order. Your order may be cancelled (in full or partially) for the reasons including shortage or unavailability of certain Products or force majeure events, nonavailability of Services, unforeseen circumstances, delivery-related issues or if there are concerns regarding fraudulent activity or non-compliance with these Terms. In case of acceptance of cancellation of any order, You will not be charged for such cancellations and You will receive a refund for any payment already made, as early as practically possible. Please be informed that when You opt to return the Products, upon verification of the Products and the documents relating thereto, the refund amount for such Products which are eligible for return as per these Terms, will be initiated within a period of seven (7) business days from the date of verifying and confirming the refund request. Your refund will be processed only when the conditions as may be stipulated by Us are fulfilled. The refund amount will be credited to the source account for Products purchased other than on cash on delivery basis, unless otherwise mutually agreed between Trolleypop Retail and You. You acknowledge that after initiation of refund, it may take additional time for Your refund to reflect in Your account which is subject to Your financial institution or payment gateway service provider terms and conditions. Provided that refunds, if any, for Products purchased on cash on delivery basis may be refunded by way of coupon/vouchers which will have expiry period, or any other mode of electronic payments transfer as mutually agreed between Trolleypop Retail and You. Users may opt-in for a coupon/voucher refund for online payments as well if provided to them. The terms for acceptance of returns, cancellation and refunds shall be subject to the other terms, as applicable, and reasonable additional conditions which shall be communicated to the User, from time to time. 10. User Care The User acknowledges and agrees that Trolleypop Retail shall not be held liable for: The Products and/or Services offered that may or may not meet Your preferences or requirements. The quality of the Services and/or Products or any issues arising from services provided by third-party service providers, that do not meet User expectations, potentially resulting in loss, harm, or damage. The nonavailability Products or Services. Trolleypop Retail does not provide any warranty or guarantee with respect to the Products offered for sale on the Platform and disclaims any liability with respect to the manufacturing defects, quality, taste, performance of the Products sold. All commercial and contractual arrangements regarding the manufacturer/marketer/importer of Products offered for sale are solely between Users and manufacturer/marketer/importer thereof. You agree and understand that the Product images are representation of the Product and not actual image of the Product sold to You and You shall read the physical product label for the calorific and nutrition value, using instructions, batch, manufacture date, use by date/shelf life, content, weight, manufacturer and the customer support details, as may be relevant, before consumption of the Products. WHILE EVERY REASONABLE EFFORT IS MADE TO MAINTAIN ACCURACY OF INFORMATION ON THE PLATFORM, ACTUAL PRODUCT PACKAGING, MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN WHAT IS SHOWN ON THE PLATFORM. IT IS RECOMMENDED TO REFER THE INFORMATION PRESENTED ON THE ACTUAL PRODUCT PACKAGING. Trolleypop Retail reserves its right to refuse to process transactions by Users with a prior history of questionable transactions including without limitation breach of any agreements by User with Trolleypop Retail or breach/violation of any law or any charges imposed by bank or breach of any policy without giving any reasons. Trolleypop Retail may do such checks as it deems fit before approving the User's order for security or other reasons at its sole discretion. As a result of such checks, if Trolleypop Retail is not satisfied with the credibility of the User or genuineness of the transaction, it will have the right to reject the order/s placed by such Users or disable their access to the Platform. Transactions on the Platform may be delayed, suspended, or cancelled at Trolleypop Retail's sole discretion for any reason (to maintain the integrity, security, and equitable usage of the Platform), including but not limited to suspicious activities, concerns regarding the User's authenticity or behavior, unusually high transaction volumes, safety concerns, or to ensure the fair use of the Platform. Trolleypop Retail and any of its representatives never ask for information regarding Your debit/credit card number, CVV number, OTP, UPI/ATM pin and other sensitive information. Beware of fraudsters and please report incidents immediately to Your bank, the nearest police station and at https://cybercrime.gov.in/. Trolleypop Retail shall not be liable for any losses occurring to you on account of your use of portals/website links claiming to be Trolleypop Retail or a lookalike or a payment link shared over social media or a social messaging apps claiming to be Trolleypop Retail discounts or offers and proactive calls from unauthorised numbers or unauthorized social media accounts requesting for personal/financial information. Please exercise cation to verify relevant information. 11. Use of Platform Subject to compliance with the Terms, Trolleypop Retail hereby grants You a personal, non-exclusive, non- transferable, limited, revocable privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines; and (c) for availing the Services through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by Trolleypop Retail, owner of the Platform and/or other Users. You agree that the Platform or any portion of the Platform shall not be reproduced, duplicated, copied, sold, resold or otherwise exploited for commercial purposes. You agree to not frame or utilise the framing techniques to enclose any trademark, logo or any other proprietorship information of the Platform. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Trolleypop Retail. You shall not use any deep- link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform. Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that: belongs to another person and to which the User does not have any right; is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy,including bodily privacy, insulting, or harassing on the basis of gender, libelous,racially, or ethnically objectionable, relating or encouraging money laundering orgambling, or otherwise inconsistent with or contrary to the laws in force; is harmful to child; infringes any patent, trademark, copyright, or other proprietary rights; violates any law for the time being in force; impersonates another person; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource; is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person; disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites; violate the Terms contained herein or elsewhere; and reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform. You shall solely be responsible for maintaining the necessary computer equipment, gadgets and internet connections that may be required to access, use, and transact on the Platform. You understand and acknowledge that by using the Platform or any of the services, You may encounter Content that may be deemed by some Users to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Platform and access any Services at Your sole risk and that to the fullest extent permitted under applicable law. Trolleypop Retail and/ or Firstclub shall have no liability to You for Content that may be deemed offensive, indecent, or objectionable to You. You shall not directly or indirectly: (i) use the Platform or any related software provided by Trolleypop Retail on the Platform by itself or through the relevant third party vendors (including Service Enablers), or any software provided by any Service Enabler, to create any service, software or documentation that performs the same functionality as the Platform or any related software or any software provided by any Service Enabler, (ii) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code, algorithms or trade secrets underlying such software, (iii) encumber, sublicense, transfer, distribute, rent, lease, time-share or use any such software in any service bureau arrangement or otherwise for the benefit of any third party, (iv) adapt, combine, create derivative works of or otherwise modify any such software, or (v) use or allow the transmission, transfer, export, re-export or other transfer of any such software, technology or information you obtain or learn pursuant to Your access to the Platform, or Your access to any software provided by any Service Enabler, in violation of any export control or other laws and regulations of the relevant jurisdiction. You shall not: (i) submit any card transaction for processing that does not arise from Your purchase of goods or services on the Platform, (iii) submit any potentially fraudulent authorizations or fraudulent card transaction, or (iv) use payment related services provided by our third party vendors (including relevant Service Enablers) in a manner that constitutes a violation of applicable card network rules or any of the terms and conditions of the respective Service Enabler. You shall be responsible for compliance with all laws, rules and regulations as applicable in respect of the payment service providers, facility providers or banks or relevant Service Enabler involved in facilitating Your payments on the Platform towards the transactions and also the guidelines set by RBI/card networks/facility providers/Service Enablers, as applicable. 12. Intellectual Property Rights The Platform and the processes, and their selection and arrangement, including but not limited to, texts, programs, processes, technology, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (Content) on the Platform is either owned by or licensed by Trolleypop Retail and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights and where not protected, You agree that it is the proprietary property of Trolleypop Retail. Further, certain parts of Content on the Platform are licensed by Trolleypop Retail and/or its Service Enablers including, but not limited to, payment aggregators/ payment gateway, payment solutions providers, goods suppliers or other third parties, as the case may be, and such abovementioned third party vendors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights and where not protected, You agree that it is the proprietary property of Trolleypop Retail and/or its Service Enablers, as the case may be. The trademarks, logos and service marks displayed on the Platform (Marks) are the licensed property of Trolleypop Retail. You are not permitted to use the Marks without the prior consent of Trolleypop Retail or FirstClub (which is the owner of the relevant Marks) respectively. Certain Marks are the licensed property of and/or its Service Enablers including, but not limited to, payment aggregators/ payment gateway, payment solutions providers, goods suppliers or other third parties. Access to the Platform does not authorise, confer and shall not be considered to confer upon anyone any intellectual property right in relation to any mark, trademark or logo of Trolleypop Retail or Firstclub and/or its Service Enablers, as the case may be, in any manner. Trolleypop Retail disclaims to hold any right, title, or interest in and to the intellectual property rights arising out of or associated with the Products sold on the Platform. References on the Platform of any name, mark, services or products of third parties has been provided for Your convenience, and in no way constitutes an endorsement, sponsorship or recommendation, whether express or implied. Where Platform contains links to other sites provided by third parties, these links are provided for information only. We have no visibility or control over the contents on or available through those sites and You acknowledge and agree that We have no liability for any such content. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Trolleypop Retail or Firstclub’s endorsement, sponsorship or recommendation of the third party, information, product or service. Trolleypop Retail and/ or Firstclub is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All software used on the Platform is the licensed property of Trolleypop Retail and/or its Service Enablers including, but not limited to, payment aggregators/ payment gateway, payment solutions providers, goods suppliers or other third parties, as the case may be, and protected by Indian and international copyright laws. The Contents and software on the Platform may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Platform is strictly prohibited. Firstclub’s word mark and variances together with device marks displayed on the Platform shall be the licensed property of Us and any use, unless expressly permitted in writing shall amount to infringement and You shall hereby agree and undertake that You recognise Our and Firstclub’s intellectual property rights and upon acquiring knowledge of any infringement by any third parties, shall report to Us at support@firstclub.co.in. You agree to not impair the title of any such intellectual property, Content, Marks or other such intellectual property whether registered or unregistered belonging to Us or our and/or its Service Enablers including, but not limited to, payment aggregators/ payment gateway, payment solutions providers, goods suppliers or other third parties, as the case may be, and shall not permit any other person to do so, either by infringement or creation of lien or encumbrance on any such intellectual property. Nothing contained in these Terms grant You any right or title in such intellectual property. 13. Disclaimer of Warranties & Liability You expressly understand and agree that, to the maximum extent permitted by applicable law: The Platform and other Content are provided by Trolleypop Retail on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We shall not be liable to You or any other third party for any losses or injury arising out of or relating to the information provided on the Platform. Trolleypop Retail make no warranty that the Platform or services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by You from Trolleypop Retail shall create any warranty not expressly stated in the Terms. Trolleypop Retail will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge. Trolleypop Retail endeavours to ensure that all the information on the Platform is accurate, but Trolleypop Retail neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Services or otherwise. Trolleypop Retail shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Trolleypop Retail shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reasons beyond Trolleypop Retail’s reasonable control. Trolleypop Retail makes no representation that the Content on the Platform is appropriate to be used or accessed outside the Republic of India. Any Users who use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction and also consent to Trolleypop Retail for use of their personal and other information only for the purpose of provision of services. By visiting the Platform or providing Your information, You expressly agree to be bound by these Terms and Other Terms specifically the privacy policy and also agree to be governed by the laws of India including but not limited to the laws applicable to data protection and privacy. If You do not agree please do not use or access our Platform. The Terms do not constitute, nor may the Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit. Prices for any Product(s) displayed on the Platform may be inaccurate due to technical issues, typographical errors etc. In such cases, the We reserve the right to cancel the User’s order(s). Trolleypop Retail accepts no responsibility for any breaches of applicable laws, including those governing the Products and services offered by Sellers or third-party delivery service providers or by payment gateway/aggregator service providers You acknowledge that third-party services are available on the Platform, and We may partner with certain third parties to facilitate such services. However, You agree that We make no representations or warranties regarding these third-party services or products and will not be liable for any outcomes, including injury, impairment, or death, resulting from their use. You hereby waive any rights or claims You may have against Us in relation to third-party services. 14. Indemnification and Limitation of Liability You agree to indemnify, defend and hold harmless Trolleypop Retail and/ or Firstclub, Service Enablers, their officers, directors, consultants, agents, representatives and employees; and their third party partners (Indemnitees) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non- performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Other Terms. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the privacy policy, Your violation of applicable laws, or Your violation of any rights of third parties, including any intellectual property rights. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform. Notwithstanding any provisions herein, maximum total liability of the Trolleypop Retail and/or Service Enablers (including service providers) shall not exceed the amount paid by the User for the availing the Services (including the purchase of Products) in respect of the specific transaction to which the liability relates. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws. 15. Violation You agree that any violation by You of these Terms will likely cause irreparable harm to Trolleypop Retail and/or its Service Enablers including, but not limited to, payment aggregators/ payment gateway, payment solutions providers, goods suppliers or other third parties, as the case may be, for which monetary damages would be inadequate and You consent to Trolleypop Retail and/or its Service Enablers including, but not limited to, payment aggregators/ payment gateway, payment solutions providers, goods suppliers or other third parties, as the case may be, obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Trolleypop Retail and/or its Service Enablers including, but not limited to, payment aggregators/ payment gateway, payment solutions providers, goods suppliers or other third parties, as the case may be. may have at law or in equity. 16. Suspension and Termination The Terms will continue to apply until terminated by either You or Trolleypop Retail as set forth below. If You object to the Terms or are dissatisfied with the Platform, You may (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform. Trolleypop Retail may disable Your access or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion, that You have violated any term of these Terms or any of the Other Terms or in any way otherwise acted unethically. Notwithstanding contained herein, all terms which by their nature are intended to survive such termination, will survive indefinitely unless and until Trolleypop Retail chooses to terminate them. Any such termination shall not cancel Your obligation to pay for a Product or a service purchased on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination. You shall be liable to pay any fees or charges, if applicable in respect of the services until the date of termination by either party whatsoever. 17. Governing Law and Jurisdiction These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Bengaluru, India. 18. Grievance Redressal Mechanism If You still have any grievances, or complaints or concerns with respect to the Platform or order or are not satisfied with the resolution, the Content, or the services, You can contact the designated Grievance cum Nodal Officer of Trolleypop Retail ( Grievance Officer The aforementioned details of the Grievance cum Nodal Officer are provided in compliance with (1) Information Technology Act, 2000 and rules made thereunder, and (2) Consumer Protection (E-Commerce) Rules 2020, as amended from time to time. The Grievance Officer of Trolleypop Retail shall endeavour to acknowledge the User grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, within 48 hours of receipt of the same and shall endeavour to redresses the same at the earliest and in no event later than 30 (thirty) days of receipt of such request. By lodging a complaint or grievance, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You. Additionally, you acknowledge that certain Service Enablers (such as PayU) may have separate grievance policies which may be applicable to You. 19. Communications You hereby expressly agree to receive communications by way of SMS, telephone or VOIP calls, messaging app like WhatsApp on the registered mobile phone number /or electronic communications like e-mails from Trolleypop Retail and other third parties duly authorised by Trolleypop Retail. You hereby expressly consent to the monitoring and recording, by Trolleypop Retail and/or any third party of any and all communications between You and Trolleypop Retail or its agents, employees, consultants, contractors, or representatives of Trolleypop Retail or of their authorised partners, and such monitoring or recording waives any further notice or consent requirement under the applicable laws. You can unsubscribe or opt-out from receiving promotional communications from Trolleypop Retail. In which case, Trolleypop Retail will only send communications solely required for the purposes of availing the services by You. 20. General Provisions Notice: All notices from Trolleypop Retail will be served by email to Your registered email address or by messaging app on the registered mobile phone number or by general notification on the Platform. Assignment: You cannot assign or otherwise transfer any rights granted hereunder to any third party. Trolleypop Retail rights and obligations under the Terms are freely transferable by Trolleypop Retail to their successor or to its affiliates or any third party without the requirement of seeking Your consent. Severability: If, for any reason any provision of the Terms, or any portion thereof, to be unenforceable, invalid or void, that portion will be treated as separable, however, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Force Majeure: Trolleypop Retail and its service enablers shall not be liable to You for their failure to perform or for delay in providing You access to Your Account or to the Platform or any services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, riots, excessive rains, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system. 21. Advertisements As part of the Services provided by Us, We may facilitate and allow third party advertisers (Third Party Advertisers) to place advertisements on the Platform. You understand that any content put out by Third Party Advertisers is not edited, reviewed or otherwise endorsed by Trolleypop Retail or Firstclub and Trolleypop Retail (in respect of itself and Firstclub) disclaim to the fullest extent permitted by law any liability for the content published by the Third Party Advertisers. It is solely the responsibility of the Third Party Advertisers submitting material to the Platform to ensure compliance with all relevant laws. Any interactions or transactions You undertake with Third Party Advertisers found on the Platform including payments, delivery, and terms or representations related to their goods or services are strictly between You and the Third Party Advertiser. Trolleypop Retail and Firstclub bear no liability for errors, omissions, or inaccuracies in advertising content or for any losses or damages arising from Your dealings with these advertisers or their presence on the Platform. If You are of the view that the content of a Third Party Advertiser is inappropriate or in violation of applicable law, please write to Us at the email address provided above. For any charitable campaign information shared with Users or displayed on the Platform, where donations may be made through third-party sites or accounts, Trolleypop Retailmay not be involved in fund collection or use. Trolleypop Retail bears no responsibility for the accuracy or legality of campaign information, which is provided solely for reference. Users are encouraged to verify details independently before taking action. 22. Amendments We may modify these Terms periodically, without prior notice, to include updates, revisions, additions, or new policies affecting Your access to use of the Services and the Platform. Such changes will be posted on the Platform and take effect immediately upon posting. We encourage You to review these Terms on the Platform regularly for any updates. By continuing to use the services and/or the Platform, You agree to accept any revised Terms. 23. Entire Agreement This document, including the Other Terms and represents the entire understanding between You and Trolleypop Retail. It establishes the Terms for Your access to and use of the Services and Platform superseding any earlier arrangements related to such access or use. Name: Kumar Tushar Phone: +91 7411454555 Email: support@firstclub.co.in Time: Mon – Sat (9:00 – 18:00)