Last Updated: April 15 2025

Tomatocart Application is Vegetables, Fruits and Groceries  Online  Selling Application

Terms & Conditions

1.                   Introduction and Terms of Use

The terms and conditions contained hereinafter (“Terms of Use”) shall apply to the use of Tomatocart ("Tomatocart" or "we" or "our"), a trade name owned and managed Phoenix India Online E-Commerce Services. Tomatocart is an application in Apple & Android Store that facilitates users registered on Tomatocart, to buy fresh fruits and vegetables across cities in India (“Services”). 

Any person logging on to or using  Tomatocart (even when such person does not make any purchase from  Tomatocart) (“User” or “you”) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on Tomatocart) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and  Tomatocart (“Agreement”). This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with  Tomatocart for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of Tomatocart. To the extend applicable, this Terms of Use shall apply to the website of  Tomatocart and its visitors as well.

2.                   Privacy

In order to avail the Services from Tomatocart, you will need to provide Registration Data prior to getting registered. As an account holder you are required to provide Tomatocart with accurate personal information. Any personal information collected by Tomatocart shall not be disclosed to any third party unrelated to Tomatocart unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure. However, by accepting the terms and conditions, you grant Tomatocart an unconditional right to share your personal information with Tomatocart partners, affiliates, employees and agents for administrative purpose. You are requested to review the Privacy Policy before using Tomatocart. If you have any objection to the terms of our Privacy Policy, you are requested not to use Tomatocart.

3.                   Credit Cards/ Financial Wallets / UPI/ Banking A/c No or any other Financial Information.

You agree, understand and confirm that the financial details provided by you for availing of Services of Tomatocart will be correct and accurate and you shall not use any financial payment option which is un-lawfully owned by you or outside the purview of the law of the country of India. Thus, you must not pay or attempt to pay for Services using fraudulent financial information and through illegal payment option as per law of India. You further agree and undertake to provide the correct and details to Tomatocart.

Further the said information will not be utilized and shared by Tomatocart with any third parties unless required for fraud verifications or by law, regulation or court order. Tomatocart will not be liable for any kind of financial fraud. The liability for use of a financial payment option will be on you and the onus to ‘prove otherwise’ shall be exclusively yours.

4.                   User Liability

The User, by the act of logging onto Tomatocart is deemed to have consented to and has expressly/impliedly and irrevocably authorized Tomatocart to use, reveal, analyze, display or transmit all information required by Tomatocart. The User represents and warrants that all the information provided by him/her are true, correct and complete and if such information is found to be untrue, incorrect or incomplete, Tomatocart has the right to take any action it deems appropriate in relation to the particular circumstances without any limitations.

5.               Limitation of Liability

In no event shall Tomatocart be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if the User has been informed in advance of the possibility of such damages.

6.               Disclaimer

a.       General

You acknowledge and undertake that you are visiting and accessing the Services on the mobile application and website, as the case may be, (“Tomatocart Platform”) and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Tomatocart Platform. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

b.      No warranties

We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Tomatocart Platform. While we have taken precautions to avoid inaccuracies in content of Tomatocart Platform, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

(i)   the  Tomatocart Platform will be constantly available, or available at all; or

(ii)  the information on the  Tomatocart Platform is complete, true, accurate or not misleading.

Nothing on the Tomatocart Platform constitutes, or is meant to constitute, advice of any kind. While we strive to ensure that the information contained in the Tomatocart Platform is accurate and reliable, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and we assume no liability or responsibility for any omission or error in the content of the  Tomatocart  Platform. The information and materials contained on the Tomatocart Platform are subject to change without notice and are provided for general information only and should not be used as a basis for making business or financial decisions.

Despite our best efforts to provide accurate information on the  Tomatocart Platform, it is not possible to ensure that all the information provided here is up to date. We shall not be liable for any unintentional inaccuracies or errors with respect to the description of any product. Further, no liability shall be imposed on us, in the event of any damage, error, injury or loss caused to any person or User, whether direct or indirect, caused to him due to use or inability to use the  Tomatocart Platform or any links or hyperlinks provided on the Tomatocart Platform. The usage of any link or hyperlink by any visitor will be at his/ her own risk and we assume no liability for any damage caused. We recommend that the users read the terms and conditions of such link(s).

The contents, designs, materials, etc. available on this Tomatocart Platform may be protected by copyright law. You may no otherwise change, reproduce, modify, distribute, publicly display the materials available on the Tomatocart Platform in any way, unless authorized by us or the respective copyright owner(s).

c.       Limitations of Liability
 

We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this  Tomatocart  Platform:

(i)     to the extent that the  Tomatocart Platform is provided free-of-charge, for any direct loss;

(ii)   for any indirect, special or consequential loss;

(iii)   for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;

(iv)  for any errors in or omissions on this  Tomatocart Platform and the content therein, including but not limited to technical inaccuracies and typographical errors;

(v) for any third-party websites or content therein directly or indirectly accessed through links in this  Tomatocart Platform, including but not limited to any errors in or omissions therefrom;

(vi)   for your use of this  Tomatocart  Platform; or

(vii)   for your use of any equipment or software in connection with the  Tomatocart  Platform.

These limitations of liability apply even if we have been expressly advised of the potential loss.
 

7.               Governing law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Andhra Pradesh, India shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these