SWITCHKART TECHNOLOGIES PRIVATE LIMITED

Terms and Conditions

Table of Contents14 Sections

Questions about Terms?

Reach out directly to our Grievance & Legal support team.

support@switchkart.com
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1. Introduction

SwitchKart Technologies Private Limited (“SwitchKart”, “we”, “us”, or “our”) owns and operates www.switchkart.com and the SwitchKart mobile application (together, the “Platform”). SwitchKart is a marketplace platform that connects individuals looking to sell a used mobile device (“Users”, “You”) with independent third-party buyers, including SwitchKart's network of vendor and procurement partners (“Third-Party Buyers”), for the purpose of facilitating the sale of used devices. The platform, related mobile application, and associated functionality are collectively referred to as the “Services”.

By accessing or using the Platform, including at the time of login or registration, you agree to be bound by these Terms and Conditions (“Terms”), as may be amended by us from time to time with or without notice. If you do not agree with any part of these Terms, you must not access or use the Platform. Your continued use of the Platform after any change constitutes your acceptance of the revised Terms.

These Terms govern your general use of the Platform. Additional terms specific to selling a device — including your relationship with the Third-Party Buyer — are set out separately in our Terms of Use, which you will be asked to accept when you initiate a device sale.
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2. SwitchKart Is a Marketplace

Marketplace Role Disclaimer

SwitchKart provides a platform to allow Users, subject to compliance with SwitchKart's policies, to sell used mobile devices to Third-Party Buyers. SwitchKart is not itself a party to the sale transaction between a User and a Third-Party Buyer. SwitchKart does not control, and assumes no responsibility for, any aspect of the actual transaction between a User and a Third-Party Buyer, including the accuracy of any valuation, the condition assessment, or the completion of payment, except to the extent SwitchKart facilitates such payment as described in our Terms of Use and Refund, Payment and Cancellation Policy. Third-Party Buyers are solely responsible to Users for all aspects of the transactions conducted with them.

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3. Permitted Use and Compliance with Law

Subject to your compliance with these Terms, SwitchKart grants you a limited, non-exclusive, non-transferable right to access and use the Platform solely for its intended purpose. You may not remove any copyright, trademark, or proprietary notice from the Platform, engage in systematic or automated retrieval of data or content from the Platform, or modify, reproduce, republish, distribute, or otherwise exploit any part of the Platform without SwitchKart's prior written permission.

You agree to comply with all applicable laws, regulations, and ordinances relating to your use of the Platform and Services, and you agree not to engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Services.

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4. Intellectual Property

All content on the Platform, including text, software, graphics, the SwitchKart name and logo, pricing and grading engine, and the overall design of the Platform, is the property of SwitchKart or its licensors and is protected under applicable Indian copyright, trademark, and intellectual property law. Unauthorised use of any SwitchKart trademark, logo, or brand element is strictly prohibited and may result in civil and/or criminal liability.

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5. Third-Party Information and Links

Information presented on the Platform — including indicative pricing, device valuations, and Third-Party Buyer information (“Third-Party Information”) — is provided for general reference. SwitchKart does not control and is not responsible for the accuracy of Third-Party Information. The Platform may contain links to third-party websites, provided for convenience only and not as an endorsement; SwitchKart does not warrant the content, accuracy, or practices of any linked third-party site, and you should review the terms and privacy policies of any such site before use.

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6. Account Registration and Security

You represent and warrant that:

You are at least 18 years of age and competent to enter into a binding contract under the Indian Contract Act, 1872;
You will provide accurate, current, and complete registration and contact information, and keep it updated;
Your registration and use of the Services is not prohibited by any applicable law.

You are responsible for maintaining the confidentiality of your login credentials (User ID and password/OTP) and for all activity conducted under your account. You agree to notify SwitchKart immediately if you believe your account has been accessed without authorisation. SwitchKart may suspend or terminate your account, or your access to the Platform, if you breach these Terms or any other applicable SwitchKart policy, or if SwitchKart reasonably believes unauthorised access has occurred.

Note: An account with no activity for 180 consecutive days may be marked inactive at SwitchKart's discretion.
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7. Communications Consent

By registering on the Platform or submitting a contact/quotation form, you consent to being contacted by SwitchKart, or by a Third-Party Buyer you have been connected with, via phone call, SMS, WhatsApp, email, or other messaging channels regarding your transaction, quotations, offers, and service updates. You may opt out of promotional/marketing communications at any time by writing to support@switchkart.com; you may continue to receive essential transactional communications necessary to complete an active transaction.

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8. Device Diagnostics

Where the Platform or SwitchKart app requests permission to run diagnostics on your device to assess its quality and condition, such access is used solely to evaluate the device's hardware and functional parameters. SwitchKart does not access, download, or use any personal data or content stored on your device for any purpose other than conducting this assessment.

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9. Warranty Exclusions and Limitation of Liability

SwitchKart warrants that the Platform will conform substantially to the descriptions provided on it. Except as expressly stated, SwitchKart makes no representations or warranties of any kind regarding the Platform or Services, and expressly disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, and any warranty that the Platform will be uninterrupted, error-free, or secure.

To the maximum extent permitted by law, SwitchKart shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or relating to the Platform or Services, whether based on contract, tort, or otherwise, even if advised of the possibility of such damages. SwitchKart's maximum aggregate liability arising from the Platform shall not exceed the value of the specific transaction giving rise to the claim, where applicable. Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities, and to that extent such limitations may not apply to you.

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10. Indemnity

You agree to indemnify and hold harmless SwitchKart, its affiliates, Third-Party Buyers, and their respective officers, directors, employees, and agents from and against any claim, liability, damage, loss, or expense (including reasonable legal fees) arising out of or relating to: (a) your access to or use of the Platform; (b) your breach of these Terms; or (c) infringement by you, or anyone using your account, of any intellectual property or other right of a third party. SwitchKart will make reasonable efforts to notify you of any such claim and reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you.

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11. Governing Law and Jurisdiction

These Terms are governed by the laws of India, without regard to conflict of law principles. Subject to the grievance redressal process set out in our Grievance Redressal Policy, the courts at Bengaluru, Karnataka shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or your use of the Platform.

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12. Grievance Officer

In accordance with the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the rules made thereunder, the details of our Grievance Officer are provided below:

Working Hours

Monday to Saturday (10:00 AM – 6:00 PM IST)

Address

SwitchKart Technologies Private Limited
422, 3rd Floor, 302, 5th Main Road, HRBR Layout, 2nd Block, Kalyan Nagar, Bengaluru – 560043, Karnataka, India

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13. Miscellaneous

No delay or omission by SwitchKart in exercising any right under these Terms shall be construed as a waiver of that right. If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force, reformed to the minimum extent necessary to reflect the parties' intent. These Terms, together with our Privacy Policy, Cookie Policy, Terms of Use, and Refund, Payment and Cancellation Policy, constitute the entire agreement between you and SwitchKart regarding the Platform, superseding any prior agreement or understanding. Your electronic acceptance of these Terms constitutes a valid signature for all purposes.

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14. Contact Us

For questions regarding these Terms, please contact:

SwitchKart Technologies Private Limited

Registered Office

422, 3rd Floor, 302, 5th Main Road, HRBR Layout, 2nd Block, Kalyan Nagar, Bengaluru – 560043, Karnataka, India