nearcart
Search for "fresh mangoes"
Help & policies

Terms of Service

Last updated October 4, 2026

Introduction & Acceptance

  • Welcome to NearCart. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Customer", "You") and To be published ("NearCart", "Company", "We", "Us", or "Our"), regarding your access to and use of the NearCart website (https://getnearcart.com), mobile web application, mobile applications, APIs, and associated technology services (collectively, the "Platform").
  • By accessing, browsing, registering an account, or placing an order on the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must discontinue using the Platform immediately.
  • Consumer Rights & Statutory Notice: These Terms are published in compliance with Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, and the Consumer Protection (E-Commerce) Rules, 2020 promulgated under the Consumer Protection Act, 2019.

Definitions

  • "Customer" or "User" means any natural person or legal entity who accesses the Platform and places an order for products or services.
  • "Merchant" or "Seller" means any independent third-party merchant, supermarket, grocer, pharmacy, bakery, pet store, or vendor listed on the Platform who supplies goods or services to Customers.
  • "Delivery Partner" means independent delivery service providers, freelance delivery personnel, or logistics operators engaged to transport and deliver orders from Merchant stores to Customer locations.
  • "Order" means a confirmed request submitted by a Customer through the Platform to purchase goods or services from a listed Merchant.
  • "Hyperlocal Marketplace" means NearCart's technology platform that enables product discovery, ordering, payment facilitation, and delivery coordination within defined local catchment areas.

Hyperlocal Marketplace Model

  • NearCart operates as an online hyperlocal technology marketplace platform. You explicitly recognize and agree that:
  • a) NearCart is an intermediary platform connecting Customers with independent neighborhood Merchants located within designated delivery radii.
  • b) NearCart does NOT operate solely as a centralized warehouse or dark-store inventory-holding retailer. Goods displayed on the Platform are stocked, cataloged, packed, and sold directly by the respective independent local Merchants.
  • c) The contract of sale for any product ordered through the Platform is strictly a bipartite contract between the Customer and the participating Merchant. NearCart is not a party to the contract of sale, nor does it control or hold title to any Merchant inventory.
  • d) Delivery may be fulfilled either by NearCart's network of delivery partners, the Merchant's in-house delivery staff, or third-party logistics aggregators as specified for the applicable order.
  • Merchant Fulfilment Architecture: Prices, stock levels, packaging, expiry dates, batch numbers, and product warranties are the primary responsibility of the participating local Merchant fulfilling your order.

User Eligibility & Account Registration

  • To use the Platform and place orders, you must be at least 18 years of age and legally competent to enter into binding contracts under the Indian Contract Act, 1872. Minors may use the Platform only under the supervision of a parent or legal guardian.
  • Account registration on NearCart requires a valid Indian mobile phone number. Authentication is conducted using a One-Time Password (OTP) sent via SMS or authorized authentication gateways (such as Firebase Phone Authentication).
  • You agree to
    • Provide accurate, current, and complete information during registration and checkout.
    • Maintain the security and confidentiality of your OTP and account credentials.
    • Immediately notify NearCart support of any unauthorized use or security compromise of your account.
    • Accept responsibility for all activities and orders placed under your authenticated account.

Product Listings, Availability & Pricing

  • Product listings, descriptions, images, nutritional info, ingredients, and Maximum Retail Prices (MRP) are provided by participating Merchants and brand manufacturers. While NearCart requires Merchants to provide accurate data, variations in physical packaging, batch formulations, or regional variants may occur.
  • Product availability is dynamic and subject to real-time physical store inventory at the Merchant's premises. If an ordered item is out of stock when the Merchant begins packing, the Merchant or Platform may notify you, adjust the order total, or issue a prompt refund in accordance with our Return & Refund Policy.
  • Prices displayed on the Platform are in Indian Rupees (INR) and are inclusive of Goods and Services Tax (GST) unless indicated otherwise. Applicable delivery fees, handling fees, and government taxes are clearly itemized on the checkout screen prior to payment.

Ordering, Acceptance & Fulfilment

  • Submission of an Order via the Platform constitutes an offer to purchase the specified items from the selected Merchant. Order confirmation is subject to acceptance by the Merchant.
  • The Merchant reserves the right to accept or decline an Order based on stock availability, store operating hours, local delivery feasibility, or operational capacity.
  • Once an Order is accepted, the Merchant prepares and packs the items. The Delivery Partner is assigned to pick up the package from the physical store and transport it directly to the delivery address specified by you during checkout.

Payment Methods & Cash on Delivery (COD)

  • NearCart supports secure payment options designed for convenience and trust. Currently, the payment mode is Cash on Delivery (COD).
  • For Cash on Delivery (COD) orders
    • You agree to pay the exact order amount at delivery, in cash or by UPI where the store offers it.
    • Failure or refusal to accept and pay for a confirmed COD order without a valid reason may result in temporary or permanent suspension of COD privileges or account termination.
    • Delivery Partners carry limited cash change. Customers are requested to keep exact change or use UPI at the door.

Delivery & Handover

  • Deliveries are scheduled to the delivery address, flat, floor, and pincode provided during checkout. Estimated delivery times displayed on the Platform are approximate and subject to traffic, weather conditions, order volume, and store preparation time.
  • You agree to ensure that an authorized person is available to receive the delivery at the destination. If the delivery address is inside a gated community, office park, or security checkpoint, you agree to grant building access or collect the order at the security gate.
  • If the Delivery Partner arrives at the destination and cannot reach you after reasonable attempts (calls, app alerts) within 10 minutes, the order may be marked as failed delivery, and applicable cancellation/re-stocking fees may apply for perishable items.

Perishable Products & Food Safety

  • Certain product categories (such as fresh fruits, vegetables, dairy products, bakery goods, and fresh meat/poultry) are classified as Perishable Products.
  • Participating Merchants are required to maintain valid Food Safety and Standards Authority of India (FSSAI) registrations and comply with cold chain and storage standards.
  • Because perishables degrade naturally over time, issues relating to damaged, rotten, or spoiled perishables must be reported to NearCart Customer Support within the applicable reporting window (within 2 to 4 hours of delivery) accompanied by photographic evidence.

Restricted & Regulated Products

  • NearCart strictly adheres to Indian statutory regulations regarding restricted goods. Where over-the-counter wellness or regulated items are listed:
    • Age-restricted items require age verification by the Delivery Partner at the doorstep.
    • Delivery Partners are legally mandated to refuse delivery of regulated items if the recipient appears underage or fails to produce valid government photo ID upon request.
    • Prescription drugs (Schedule H/X) are NOT fulfilled without verified valid prescription validation by licensed partner pharmacies where such service is active.

Cancellations, Returns & Refunds

  • Cancellations, returns, and refunds are governed by our dedicated Return & Refund Policy and Cancellation Policy, which are incorporated into these Terms by reference.
  • Customers may cancel orders without penalty before the Merchant begins preparation. Once preparation or dispatch has commenced, cancellations may incur a fee equivalent to the perishable inventory value.
  • Refunds for eligible returns are processed back to the original payment source or via bank/UPI transfer within 3 to 7 business days, depending on your banking provider.

Prohibited Conduct & Fair Usage

  • Users agree not to engage in any prohibited activity, including but not limited to:
    • Placing fraudulent, fake, or abusive orders with no intention of payment or receipt.
    • Harassing, abusing, threatening, or discriminating against Delivery Partners, Merchants, or Customer Support personnel.
    • Reverse engineering, scraping, decompiling, or probing vulnerabilities of the Platform.
    • Using automated scripts, bots, or unauthorized scrapers to extract pricing, catalog, or user data.
    • Misusing promotional coupons, referral codes, or introductory discount offers through multiple accounts.

Intellectual Property Rights

  • All content, logos, graphics, icons, software, domain names, UI designs, and database compilations on the Platform are the exclusive intellectual property of To be published or its content licensors.
  • Merchant logos, brand trademarks, and product images remain the property of their respective trademark holders and are utilized on the Platform solely for product identification and marketplace discovery purposes.

Disclaimers & Limitation of Liability

  • The Platform and all marketplace services are provided on an "as is" and "as available" basis. To the maximum extent permitted under applicable Indian law, NearCart disclaims all warranties, express or implied, regarding merchantability, fitness for a particular purpose, or error-free uninterrupted platform operation.
  • Because NearCart acts as a technology intermediary between Customers and independent Merchants, NearCart shall not be liable for any product defect, adulteration, manufacturing defect, or packaging deficiency originating from the Merchant or manufacturer, except as mandated under the Consumer Protection Act, 2019 and intermediary liability regulations.
  • In no event shall NearCart's aggregate cumulative liability exceed the total purchase value of the disputed order giving rise to the claim.

Indemnification

  • You agree to indemnify, defend, and hold harmless NearCart, its directors, officers, employees, agents, and affiliates from and against any third-party claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or related to: (a) your violation of these Terms; (b) your violation of any statutory right or law; (c) fraudulent, abusive, or illegal conduct on the Platform.

Governing Law & Dispute Resolution

  • These Terms and any dispute arising out of or related to the Platform shall be governed by, construed, and enforced in accordance with the laws of India.
  • Subject to the statutory grievance redressal mechanism, any legal dispute, suit, or legal proceeding arising out of these Terms shall be subject to the exclusive jurisdiction of the competent courts in To be published.

Grievance Redressal & Contact

  • In accordance with the Information Technology Act, 2000, and the Consumer Protection (E-Commerce) Rules, 2020, the details of our designated Grievance Officer and Nodal Contact are provided below:
  • Officer Name: To be published
  • Designation: Grievance Officer
  • Email: To be published
  • Telephone: To be published
  • Address: To be published
  • Operating Hours: Monday to Friday: 10:00 AM – 6:00 PM IST (excluding public holidays)
  • We acknowledge grievances within Within 48 hours of receipt and resolve them within Within 30 days of receipt.

Frequently asked questions

  • Is NearCart the direct seller of products?

    No. NearCart is a technology marketplace that connects you with nearby licensed neighborhood grocery stores, supermarkets, pharmacies, and specialty retailers who supply and pack your goods.

  • How does Cash on Delivery (COD) work?

    You pay when your order is delivered — in cash, or by UPI if the store offers it at your door. Nothing is charged online.

  • What if an item in my order is out of stock at the store?

    If a local merchant discovers an item is temporarily unavailable, you will be notified promptly. Your order bill will be adjusted immediately, and you will only pay for items physically delivered.

Questions about this policy? Contact support