This User Agreement is published in accordance with the provisions of
Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that
require publishing the rules and regulations, privacy policy and terms and
conditions for access or usage of the website Cartpe (including the
uniform resource locator created for each Merchant) (“Website”),
the mobile application available on Play Store and app store- Cartpe i.e.
(“App”) and the uniform resource locator created for each Merchant
(the ‘Website’, the ‘App’ is collectively hereinafter referred to as the
“Platform”)
- General
- For the purposes of these Terms, ‘User’ and wherever
the context may require, ‘You’ (or any variation
thereof), shall mean any natural or legal person (including any legal
heirs, administrators or successors) who has agreed to become a user of
the Platform by accessing or using the Platform. If You are accepting
these Terms and using the Services (as defined below) or the
Platform on behalf of a company, organization, government, or other
legal entity, You represent and warrant that You are authorized to do
so.
- The Company enables transactions on its Platform between participating
restaurants/stores/merchants/sellers and buyers, dealing in (a) food and
beverages, (b) provisions, consumer goods, consumables etc., and (c) any
other products or services ("Platform Services''). The
buyers ("Buyers'') can choose and place orders
("Orders'') from a variety of products and services
listed and offered for sale by various merchants including but not
limited to the restaurants, eateries, grocery stores, other service
providers ("Merchants''), on the Platform.
- These Terms contain rules, regulations, policies, terms and conditions
applicable to any Person who may access or use the Platform, as modified
and updated from time to time.
- Use of the Platform and the Services provided are subject to the rules
and regulations, policies, notices, terms and conditions set forth or
included by reference in these Terms.
- Please read these Terms carefully before using or registering on the
Platform or listing any item, accessing any material, information or
Services, posting any information at or through the Platform.
- As a User, the User Agreement shall be effective and binding upon your
‘acceptance’. ‘Acceptance’ shall mean Your affirmative
action is on entering information as requested on the sign up page or
simply by accessing or visiting the Platform. If You do not agree or are
not willing to be bound by the User Agreement and our Policies(defined
below), please do not enter information as requested on the
sign up page and click the “Accept” button or do not seek to obtain
access to, view, visit, download or otherwise use the Platform (or any
of its components/constituents) or any information or Services.
- By impliedly or expressly accepting these Terms, You also accept and
agree to be bound by applicable policies of the Company including the
Privacy Policy as published on the Platform
(“Policies”) communicated to the Users by publication
on the Platform.
- The content on the Platform is provided for general information only. It
is not intended to amount to advice on which you should rely. You must
obtain professional or specialist advice before taking, or refraining
from taking, any action on the basis of the content on the Platform.
- Amendment
- The Company reserves the right to modify the Platform and/or alter these
Terms and/or Policies at any time and retains the right to deny access
at any time including the termination of membership and deletion of the
account, to anyone who the Company believes has violated the provisions
of the User Agreement.
- You are advised that any amendment to the User Agreement incorporated
herein by reference will only be notified on the Platform on publicly
accessible links and You agree by accessing, browsing or using the
Platform that such publication shall immediately constitute sufficient
notice for all purposes against You. The revised version/ terms shall be
effective from the time that the Company publishes the same on the
Platform.
- The Company shall not be liable to give any prior notice to the Users
for any amendments to the User Agreement, which in the opinion of the
Company, has the effect of diminishing the User’s existing rights or
imposing additional obligations. You understand and hereby accept that
the decision, whether any proposed amendments to the User Agreement have
the effect of diminishing the User’s existing rights or imposing
additional obligations on the User, shall be decided by the Company in
its sole discretion.
- Definitions
- “Affiliate” shall mean any Person who directly or
indirectly, controls, is controlled by, or is under the common control
of the Company. The term “Control” is used in the sense
of the possession by a Person or a group of Persons acting in concert,
directly or indirectly, of the right to direct or cause the direction of
the management and policies of another Person, whether through the board
of directors or ownership of voting rights by such other Person, by the
Articles of Association, contract or otherwise. A Person or a group of
Persons acting in concert shall be deemed to be in control of a body
corporate if such Person or group of Persons is in a position to appoint
or appoints the majority of the directors of such body corporate.
- “Authority” shall mean any union, national, state,
local, or other governmental, statutory, administrative, judicial,
regulatory or self-regulating authority, agency or instrumentality
having jurisdiction over the relevant matter.
- “Grievance Redressal Officer” means the grievance
redressal officer appointed by the Company in accordance with applicable
Law, from time to time.
- “Information” means and shall include any confidential
and/or personally identifiable information or other information provided
to the Company or other Users of the Platform or at the time of
registration with the Platform, or through any email/messaging feature
and shall include without limitation Your name, sex, age, email address,
mailing address, phone number (if provided) or such other personal
information.
- “Internal Service Provider” shall mean logistics or any
back end service providers of the Platform appointed by the Company that
will provide various services that the Company may require in order to
run operations of the Platform for example to facilitate or outsource
one or more aspects of the business, product and service operations
provided on the Platform, including search technology, discussion
boards, payments, affiliate and rewards programs, co-branded credit
cards, maintenance services, database management etc.
- “Law” shall mean all statutes, enactments, acts of
legislature, laws, ordinances, rules, byelaws, regulations,
notifications, guidelines, policies, directions, directives and orders
of any government and or any Authority.
- “Losses” shall include, without limitation, losses,
liabilities, actions, suits, claims, proceedings, costs, damages,
penalties, judgments, amounts paid in settlement, expenses, etc.
- “Pay Facility” means the automated electronic payment
or collection and remittance facility provided by the Company to the
Buyers to facilitate payments for paid services on the Platform directly
through banks or financial institution infrastructure or indirectly
through payment gateway facility providers or through any such facility
authorized by the Reserve Bank of India to provide enabling support
facility for collection and remittance of payment.
- “Person” shall mean and include any individual, legal
entity, company, body corporate, partnership firm, association, Hindu
undivided family, trust, society, limited liability partnership or
proprietorship, whether incorporated or not.
- “Policies” shall mean and include the Privacy Policy
and any other policies of the Company as amended and provided on the
Platform or communicated to the Users in any other way from time to
time.
- “Services” shall mean the services rendered by the
Platform as may be specifically notified by the Company on the Platform
or by other means of communication from time to time, in accordance with
the applicable Law, and currently includes acting as an intermediary or
a facilitator for providing a platform web and/or mobile application for
enabling the users to sell their products or services online.
- “User(s)” shall mean a user of the Platform.
- Eligibility
- In order to use the Platform, You need to be 18 (eighteen) years of age
or older. The Platform may only be used or accessed by such Persons who
can enter into and perform legally binding contracts under Indian
Contract Act, 1872.
- The Company shall not be liable in case of any false information is
provided by the User including User’s age and the User and/or his
natural or appointed guardian alone shall be liable for the consequences
as per the applicable Law of the country to which the User belongs.
- The Company disclaims all liability arising out of such unauthorised use
of the Platform and any third party liability arising out of Your use of
the Platform if You are a minor.
- Registration and Creation of Profile:
- A User is required to register and create a profile by creating a
username and password or registering using mobile verification and
providing necessary details about the User in order to be eligible to
access the relevant Services.
- You are solely responsible for maintaining secrecy and confidentiality
of Your login details including Your user name, password and user code
(if any).
- The User hereby agrees and acknowledges that the Platform will grant
access to any person who has obtained Your username, password and code
in the same manner as it would have granted access to You and You shall
be responsible for all activities conducted under Your username,
password and any code. The User is responsible for maintaining the
confidentiality of the User’s account access information and password,
if the User is registered on the Platform. The User shall be responsible
for all usage of the User’s account and password, whether or not
authorized by the Merchant.
- The User shall immediately notify the Company of any actual or suspected
unauthorized use of the User’s account or password. Although the
Company, its directors, shareholders, Affiliates, employees, associates,
contractors or agents (“Personnel”) shall not be
responsible in any manner for any Losses occurring from any breach of
secrecy of Your username, password, user code or any unauthorized use of
Your account, and You shall be liable for any Losses suffered by the
Company or such other parties as the case may be, due to any
unauthorized use of Your account.
- You agree that the sole purpose of registering on or using the Platform
is to enable yourself technically to run your legal business online, and
You shall not use the Platform in any manner whatsoever for any other
purpose other than as mentioned above and for purposes which are not
permitted under the applicable Law.
- User Information
- You agree to provide true, accurate, up to date and complete information
while signing up on the Platform or for any other purpose when prompted
or requested to do so on the Platform.
- Certain information You provide on the Platform in Your profile may
reveal, or allow others to identify different aspects of Your private
life, and more generally about You. You are expressly and voluntarily
accepting the terms of the User Agreement and supplying all such
information by You on the Platform, including all information deemed
"personal" or “sensitive” by applicable Laws, is entirely voluntary on
Your part.
- For the use of our Services, You will be required to use certain
devices, software, and data connections, which we otherwise do not
supply. For as long as You use our Services, You consent to downloading
and installing updates to our Services, including automatically,
downloading and installing such updates.
- You are responsible for all carrier data plan and other fees and taxes
associated with Your use of our Services. We may charge You for our
Services, including applicable taxes. We do not provide refunds for our
Services, except as required by Law.
- The Company shall not be responsible in any manner whatsoever for the
authenticity of the personal information or sensitive personal data or
information supplied by the User to the Company or to any other person
acting on behalf of the Company.
- You are prohibited from misrepresenting Your identity and agree not to
represent Yourself as another User or login/ register using the identity
of any other Person. You are responsible to maintain and promptly update
the information provided while signing up or verifying or for any other
purpose on the Platform to ensure that the information provided by You
is true, accurate, current, complete and not misleading at all times.
- If You provide any information that is untrue, inaccurate, misleading,
not current or incomplete or the Company has reasonable grounds to
believe that such information is untrue, inaccurate, misleading, not
current or incomplete, or not in accordance with the User Agreement, the
Company reserves the right to indefinitely suspend or terminate or block
Your use or access to the Platform in any manner whatsoever. Should any
other User or Person act upon such untrue, inaccurate, not current or
incomplete information provided or verified by You, the Company, and its
Personnel shall not be liable for any damages, Losses, direct, indirect,
immediate or remote, interests or claims resulting from such information
to You or to any third party. You hereby agree and undertake to
indemnify and to hold harmless the Company, and its Personnel in
accordance with the Indemnity clause contained in these Terms.
- Once You have signed up on the Platform, You agree, allow and grant the
Platform to gain access to Your mobile device to find and keep track of
mobile phone numbers of other Users of the Service, Your location,
inbuilt storage or other storage on Your mobile device, access to
internet, control vibration, accounts on Your mobile device and such
other data or information downloaded, added, edited, stored, processed,
used, deleted on or from Your mobile device.
- Electronic Communication
- You agree to keep Yourself updated with all data, information and
communication pertaining to You made available on the Platform by the
Company. You further agree that Your use of the Platform or provision of
any data or information including any correspondence (by email or
otherwise) to or by the Company is through electronic records and You
consent to receiving communication from the Company via electronic
documents including emails and/or SMS, which will be deemed adequate for
service of notice/ electronic record.
- You understand You may have to bear/pay any charges associated with any
such access (including text messaging charges for messages from Your
mobile device). Our communications to You may include communication that
would inform Users about various features of our services. The Company
may also send You promotional information unless You have opted out of
receiving such information.
- We may need to provide You with certain communications/notifications,
such as service announcements and administrative messages. These
communications are considered part of the Services and Your account, and
You may not be able to opt-out from receiving them. If You added Your
phone number to Your account and You later change or deactivate that
phone number, You must update Your account information to help prevent
us from communicating with anyone who acquires Your old number.
- General Terms
- All commercial/contractual terms are offered by and agreed to between
Buyers and Merchants alone with respect to products and services being
offered by the Merchants. The commercial/contractual terms include
without limitation price, applicable taxes, shipping costs, payment
terms, date, period and mode of delivery, warranties related to products
and services and after sales services related to products and services.
The Company does not have any control or does not determine or advise or
in any way or involve itself in the offering or acceptance of such
commercial/contractual terms between the Buyers and Merchants. The
Company may, however, offer support services to Merchants in respect to
Order fulfilment, logistics, mode of payment, payment collection and
other ancillary services, pursuant to the understanding between the
Company and the Merchants. The price of the products and services
offered by the Merchant are solely determined by the Merchant itself and
the Company has no role to play in such determination of price in any
way whatsoever.
- The Company does not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity, etc.)
of any of the Merchants. You are advised to independently verify the
bona fides of any particular Merchant that You choose to deal with on
the Platform and use Your best judgment in this regard. All Merchant
offers/promotions and third-party offers/promotions are subject to
respective party terms and conditions and the Company takes no
responsibility for such offers or promotions.
- The Company neither makes any representation or warranty as to specifics
(such as quality, value, saleability, etc.) of the products or services
proposed to be sold or offered to be sold or purchased on the Platform
nor does implicitly or explicitly support or endorse the sale or
purchase of any products or services on the Platform. The Company
accepts no liability for any errors or omissions, whether on behalf of
itself or third parties (including the Merchants).
- The Company is not responsible for any non-performance or breach of any
contract entered into between Buyers and Merchants. The Merchant agrees
to indemnify the Company for any and all Losses suffered by the Company
due to Merchant’s use of the Platform and interactions with Buyers
pursuant thereto. The Company cannot and does not guarantee that the
concerned Buyers and Merchants will perform any transaction concluded on
the Platform. The Company is not responsible for unsatisfactory or
non-performance of services or damages or delays as a result of products
which are out of stock, unavailable or back ordered.
- The Company is operating an online marketplace and assumes the role of
facilitator, and does not at any point of time during any transaction
between Buyer and Merchant on the Platform come into or take possession
of any of the products or services offered by Merchant. At no time shall
the Company hold any right, title or interest over the products nor
shall the Company have any obligations or liabilities in respect of such
contract entered into between Buyer and Merchant.
- The Company is only providing a platform for communication and it is
agreed that the contract for sale of any of the products or services
shall be a strictly bipartite contract between the Merchant and the
Buyer. In case of complaints from the Buyer pertaining to efficacy,
quality, or any other such issues, the Company’s sole responsibility
shall be to notify the same to the Merchant and shall also redirect the
Buyer to the consumer call centre of the Merchant. The Merchant shall be
solely liable for redressing Buyer complaints. In the event You raise
any complaint on any Merchant accessed using our Platform, we shall
assist You to the best of our abilities by providing relevant
information to You, such as details of the Merchant and the specific
Order to which the complaint relates, to enable satisfactory resolution
of the complaint.
- Merchant Terms
- The Merchants may list and provide the details of the products/ services
offered for sale to the Buyers as a registered user of the Platform,
however the Merchants shall not be permitted to sell any product that
fall are under the list of banned items
identified by the Company from time to time, or are otherwise prohibited
for sale under applicable Law.
- The Merchants agree and undertake that are legally permitted to sell the
products listed for sale on the Platform. Listings may only include text
descriptions, graphics and pictures that describe your products for
sale. All listed products must be listed in an appropriate category on
the Platform. Soliciting business offline or outside of the Platform
with the Buyers is expressly prohibited and would be considered as a
breach of the User Agreement. All listed products must be kept in stock
for successful fulfilment of orders.
- The Merchants hereby agree and undertake that descriptions, images, and
other content pertaining to the products/services is complete and
accurate, and corresponds directly with the appearance, nature, quality,
purpose and other features of such products/services.
- The listing description of the products must not be misleading and must
describe the actual condition of the product. If the product description
does not match the actual product, You agree to refund any amounts that
You may have received from the Buyer.
- You shall not abuse or misuse the Platform or engage in any activity
which violates the terms of the User Agreement. In any such case, the
Company may suspend your account or permanently debar You from accessing
the Platform.
- User Obligations
- You agree, undertake and confirm that Your use of Platform shall be
strictly governed by the following binding principles:
- You shall not host, display, upload, download, modify, publish,
transmit, update or share any information which:
- belongs to another person and which You do not have any
right to;
- is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous,
slanderous, criminally inciting or invasive of another's
privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner
whatsoever; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent
representation of women" within the meaning of the
Indecent Representation of Women (Prohibition) Act,
1986;
- is misleading or misrepresentative in any way;
- is patently offensive to the online community, such as
sexually explicit content, or content that promotes
obscenity, paedophilia, racism, bigotry, hatred or
physical harm of any kind against any group or
individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights
including, but not limited to, intellectual property
rights, rights of privacy (including without limitation
unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of
publicity or any other proprietary rights;
- promotes an illegal or unauthorized copy of another
person's copyrighted work (see "copyright complaint"
below for instructions on how to lodge a complaint about
uploaded copyrighted material), such as providing
pirated computer programs or links to them, providing
information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or
links to pirated music files;
- contains restricted or password-only access pages, or
hidden pages or images (those not linked to or from
another accessible page);
- provides material that exploits people in a sexual,
violent or otherwise inappropriate manner or solicits
personal information from anyone;
- provides instructional information about illegal
activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating
computer viruses;
- contains video, photographs, or images of another person
(with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope
of authorized access to the Platform or to profiles,
blogs, communities, account information, bulletins,
friend request, or other areas of the Platform or
solicits passwords or personal identifying information
for commercial or unlawful purposes from other Users;
- engages in commercial activities and/or sales without
our prior written consent such as contests, sweepstakes,
barter, advertising and pyramid schemes, or the buying
or selling of products related to the Platform.
Throughout these Terms, the Company’s prior written
consent means a communication coming from the Company’s
authorised representative, specifically in response to
Your request, and expressly addressing and allowing the
activity or conduct for which You seek authorization;
- solicits gambling or engages in any gambling activity
which is or could be construed as being illegal;
- interferes with another user's use and enjoyment of the
Platform or any third party's user and enjoyment of
similar services;
- refers to any website or URL that, in our sole
discretion, contains material that is inappropriate for
the Platform or any other website, contains content that
would be prohibited or violates the letter or spirit of
these Terms;
- harm minors in any way;
- infringes any patent, trademark, copyright or other
intellectual property rights or third party's trade
secrets or rights of publicity or privacy or shall not
be fraudulent or involve the sale of counterfeit or
stolen products;
- violates any Law for the time being in force;
- deceives or misleads the addressee/users about the
origin of such messages or communicates any information
which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or
limit the functionality of any computer resource; or
contains any trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with,
diminish value of, surreptitiously intercept or
expropriate any system, data or personal information;
- 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 criminal offence or prevents
investigation of any offence or is insulting any other
nation;
- is false, inaccurate or misleading;
- directly or indirectly, offers, attempts to offer,
trades or attempts to trade in any item, the dealing of
which is prohibited or restricted in any manner under
the provisions of any applicable Law, rule, regulation
or guideline for the time being in force; or
- creates liability for us or causes us to lose (in whole
or in part) the services of our internet service
provider or other suppliers.
- In case of any action, omission, transaction or attempted
transaction which is violative of these Terms or applicable Laws
comes to Your knowledge, You shall forthwith take all steps to
inform the Company of such violation at legal@Cartpe.
- You shall not use any "deep-link", "page-scrape", "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
any content, or in any way reproduce or circumvent the
navigational structure or presentation of the Platform or any
content, to obtain or attempt to obtain any materials, documents
or information through any means not purposely made available
through the Platform. We reserve our right to prohibit any such
activity.
- You shall not attempt to gain unauthorized access to any portion
or feature of the Platform, or any other systems or networks
connected to the Platform or to any server, computer, network,
or to any of the services offered on or through the Platform, by
hacking, "password mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the
Platform or any network connected to the Platform nor breach the
security or authentication measures on the Platform or any
network connected to the Platform. You may not reverse look-up,
trace or seek to trace any information on any other user of or
visitor to Platform, or any other Buyer, including any account
on the Platform not owned by You, to its source, or exploit the
Platform or any service or information made available or offered
by or through the Platform, in any way where the purpose is to
reveal any information, including but not limited to personal
identification or information, other than Your own information,
as provided for by the Platform.
- You may not use the Platform or any content on the Platform for
any purpose that is unlawful or prohibited by the User
Agreement, or to solicit the performance of any illegal activity
or other activity that infringes the rights of the Company
and/or others.
- You shall at all times ensure full compliance with the
applicable provisions, as amended from time to time, of (a) the
Information Technology Act, 2000 and the rules thereunder; (b)
all applicable Laws; and (c) international laws, foreign
exchange laws, statutes, ordinances and regulations (including,
but not limited to sales tax/VAT, income tax, general sales tax,
central excise, custom duty, local levies) regarding Your use of
our service and Your listing, purchase, solicitation of offers
to purchase, and sale of products or services. You shall not
engage in any transaction in an item or service, which is
prohibited by the provisions of any applicable law including
exchange control laws or regulations for the time being in
force.
- In order to allow us to use the information supplied by You,
without violating Your rights or any laws, You agree to grant us
a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to
exercise the copyright, publicity, database rights or any other
rights You have in Your information, in any media now known or
not currently known, with respect to Your information. We will
only use Your Information in accordance with these Terms and
Policies applicable to use of the Platform.
- From time to time, You shall be responsible for providing
information relating to the products or services proposed to be
sold by You. In this connection, You undertake that all such
information shall be complete, accurate and not misleading in
all respects. You shall not exaggerate or overemphasize the
attributes of such products or services so as to mislead other
Users in any manner.
- You shall not engage in advertising to, or solicitation of,
other Users of the Platform to buy or sell any products or
services, including, but not limited to, products or services
related to that being displayed on the Platform or related to
us. You may not transmit any chain letters or unsolicited
commercial or junk email to other Users via the Platform. It
shall be a violation of the User Agreement to use any
information obtained from the Platform in order to harass,
abuse, or harm another person, or in order to contact, advertise
to, solicit, or sell to another person other than us without our
prior explicit consent. You understand that we have the right,
at all times, to disclose any information (including the
identity of the persons providing information or materials on
the Platform) as necessary to satisfy any law, regulation or
valid governmental request. This may include, without
limitation, disclosure of the information in connection with
investigation of alleged illegal activity or solicitation of
illegal activity or in response to a lawful court order or
subpoena. In addition, We can (and You hereby expressly
authorize us to) disclose any information about You to any law
enforcement or other government officials, as we, in our sole
discretion, believe necessary or appropriate in connection with
the investigation and/or resolution of possible crimes,
especially those that may involve personal injury.
- We reserve the right, but have no obligation, to monitor the
materials posted on the Platform. The Company shall have the
right to remove or edit any content that in its sole discretion
violates, or is alleged to violate, any applicable law or either
the spirit or letter of these Terms. Notwithstanding this right,
You remain solely responsible for the content of the materials
You post on the platform and in Your private messages. Please be
advised that such content posted does not reflect the Company’s
views. In no event shall the Company assume or have any
responsibility or liability for any content posted or for any
claims, damages or Losses resulting from use of content and/or
appearance of the content on the Platform. You hereby represent
and warrant that You have all necessary rights in and to all
content which You provide and all information it contains and
that such content shall not infringe any proprietary or
intellectual property or other rights of third parties or
contain any libellous, tortious, or otherwise unlawful
information.
- Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Platform,
including payment and delivery of related products or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such
advertiser. We shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on
the Platform.
- It is possible that other Users (including unauthorized users or
'hackers') may post or transmit offensive or obscene materials
on the Platform and that You may be involuntarily exposed to
such offensive and obscene materials. It is also possible for
others to obtain personal information about You due to Your use
of the Platform, and that the recipient may use such information
to harass or injure You. We do not approve of such unauthorized
uses, but by using the Platform You acknowledge and agree that
we are not responsible for the use of any personal information
that You publicly disclose or share with others on the Platform.
Please carefully select the type of information that You
publicly disclose or share with others on the Platform.
- The Company respects the intellectual property rights of others and
expects Users of the Services to do the same. We reserve the right to
remove content alleged to be infringing without prior notice, at our
sole discretion, and without any liability to You. We will respond to
notices of alleged infringement that comply with applicable Law and are
properly provided to us. If You believe that Your content has been
copied in a way that constitutes copyright infringement, please report
this at legal@Cartpe
- The Company may in future charge a fee or charges, as intimated from
time to time on the Platform, for registration on the Platform as Users
especially for maintaining an official account, for availing services
provided by the Company through the Platform. Currently, the Company
does not levy any charges/fees for registration, access or maintaining
an account on the Platform. The Company reserves the right to introduce
new services including any premium or paid services or modify or
discontinue any existing services provided on the Platform. Changes to
the Terms or any of the Policies of the Company shall be published on
the Platform and such changes shall automatically become effective
immediately after they are published on the Platform. You are requested
to visit the Terms and various Policies links on the Platform often to
keep abreast of any amendments.
- You confirm that these Terms hereunder (and the User Agreement) will not
conflict with, result in a breach of or constitute a default (or any
event that, with notice or lapse of time, or both, would constitute a
default) or result in the acceleration of any obligation under any of
the terms, conditions or provisions of any other agreement or instrument
to which You are a party or by which You are bound or to which any of
Your property or assets are subject, conflict with or violate any of the
provisions of its charter documents, or violate any statute or any
order, rule or regulation of any Authority that would materially and
adversely affect the performance of Your duties hereunder. You have
obtained any consent, approval, authorization of Authority required for
the execution, delivery and performance of its respective obligations
hereunder. If the Company suffers any Loss or damages or a claim is made
by any Person against the Company or the Platform as a result of a
breach or default or contravention on Your part of the User Agreement ,
You agree to, forthwith upon delivery of notice by the Company, make
good such Losses or damages or claim amounts suffered by the Company.
- You confirm that there is no action, suit or proceeding pending against
You or to Your knowledge, threatened in any court or by or before any
other Authority which would prohibit Your entering into or performing
obligations under the User Agreement.
- You confirm that You shall not transfer Your account and shall not
assign any rights and obligations under the User Agreement to any third
party without the specific prito written permission of the Company.
- Action
- In case of any violation by You of the User Agreement , the Company has
the right to immediately terminate the access or usage rights of the
User to the Platform without any notice and any such violative
information that is displayed or submitted on the Platform may be
removed immediately and completely and/or report to investigating
authorities under applicable Law.
- If the Company terminates Your access to the Platform, the Company may,
in its sole and absolute discretion, remove and destroy any data and
files stored by You on its servers and You agree and acknowledge that
the Company or the Platform shall not in any manner be responsible
and/or liable for removing or deleting such information.
- No Endorsement
We neither endorse any Merchant or the products/services offered by them. In
addition, although these Terms require You to provide accurate Information,
we do not attempt to confirm, and do not confirm its purported identity. We
will not be responsible for any damage or harm resulting from Your
interactions with Merchants.
By using the Services, You agree that any legal remedy or liability that You
seek to obtain for actions or omissions of Merchants or other third parties
will be limited to a claim against the particular Merchant or other third
parties who caused You harm and You agree not to attempt to impose liability
on, or seek any legal remedy from us with respect to such actions or
omissions.
- Disclaimers
- The Platform may be under constant upgrades, and some functions and
features may not be fully operational.
- Due to the vagaries that can occur in the electronic distribution of
information and due to the limitations inherent in providing information
obtained from multiple sources, there may be delays, omissions, or
inaccuracies in the content provided on the platform or delay or errors
in functionality of the Platform. As a result, we do not represent that
the information posted is correct in every case.
- We expressly disclaim all liabilities that may arise as a consequence of
any unauthorized use of credit/ debit cards.
- The Company disclaims all liability that may arise due to any violation
of any applicable Laws including the Law applicable to products and
services offered by the Merchant.
- While the materials provided on the Platform were prepared to provide
accurate information regarding the subject discussed, the information
contained in these materials is being made available with the
understanding that we make no guarantees, representations or warranties
whatsoever, whether expressed or implied, with respect to professional
qualifications, expertise, quality of work or other information herein.
Further, we do not, in any way, endorse any service offered or described
herein. In no event shall we be liable to You or any third party for any
decision made or action taken in reliance on such information.
- The information provided hereunder is provided "as is". We and / or our
employees make no warranty or representation regarding the timeliness,
content, sequence, accuracy, effectiveness or completeness of any
information or data furnished hereunder or that the information or data
provided hereunder may be relied upon. Multiple responses may usually be
made available from different sources and it is left to the judgement of
Users based on their specific circumstances to use, adapt, modify or
alter suggestions or use them in conjunction with any other sources they
may have, thereby absolving us as well as our consultants, business
associates, Affiliates, business partners and employees from any kind of
professional liability.
- We shall not be liable to You or anyone else for any Losses or injury
arising out of or relating to the information provided on the Platform.
In no event will we or our Personnel be liable to You or any third party
for any decision made or action taken by Your reliance on the content
contained on the Platform.
- In no event will we be liable for any damages (including, without
limitation, direct, indirect, incidental, special, consequential or
exemplary damages, damages arising from personal injury/wrongful death,
and damages resulting from lost profits, lost data or business
interruption), resulting from any services provided by any third party
or merchant accessed through the platform, whether based on warranty,
contract, tort, or any other legal theory and whether or not we are
advised of the possibility of such damages.
- We reserve the right to do any of the following, at any time, without
notice: (a) to modify, suspend or terminate operation of or access to
the Platform, or any portion of the Platform, for any reason whatsoever;
(b) to modify or change the Platform, or any portion of the Platform,
and any applicable policies or terms; or (c) to interrupt the operation
of the Platform, or any portion of the Platform, as necessary to perform
routine or non-routine maintenance, error correction, or other changes.
- Intellectual Property
- We are either the owner of intellectual property rights or have the
non-exclusive, worldwide, perpetual, irrevocable, royalty free,
sub-licensable (through multiple tiers) right to exercise the
intellectual property, in the Platform, and in the material published on
it including but not limited to user interface, layout format, order
placing process flow, ideas, design, structure, expression, and any
content thereof (except any content that is posted by the Merchants).
- You recognize that the Company is the registered owner of the word mark
‘Cartpe’ and the logoincluding but not limited to its variants
(“IPR”) and You shall not directly or indirectly,
attack or assist another in attacking the validity of, or Company’s or
its Affiliates proprietary rights in, the licensed marks or any
registrations thereof, or file any applications for the registration of
the licensed marks or any names or logos derived from or confusingly
similar to the licensed marks, any variation thereof, or any translation
or transliteration thereof in another language, in respect of any
products/services and in any territory throughout the world. If You
become aware or acquire knowledge of any infringement of IPR You shall
report the same at legal@Cartpe with all
relevant information.
- You may print off one copy, and may download extracts, of any page(s)
from the Platform for Your personal reference and You may draw the
attention of others within Your organisation to material available on
the Platform.
- You must not modify the paper or digital copies of any materials You
have printed off or downloaded in any way, and You must not use any
illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text.
- You must not use any part of the materials on the Platform for
commercial purposes without obtaining a licence to do so from us or our
licensors.
- If You print off, copy or download any part of the Platform in breach of
these Terms, Your right to use the Platform will cease immediately and
You must, at our option, return or destroy any copies of the materials
You have made.
- You may download information presented on the Platform at Your sole
risk, and without any express or implied warranty from us in relation to
such information, provided that:
- such information is used solely for personal purposes and not
for any commercial purposes whatsoever;
- no alterations or modifications of any kind are made to such
information;
- no further statements and warranties shall be made with regard
to such information or documents containing such information for
or on our behalf;
- no statements and/or notifications indicating our ownership of
and other legal rights and interests in relation to such
information shall be removed, in part or in full;
- such information is not reproduced, republished, transmitted,
displayed, posted or distributed in any form or by any means.
- Payment
- For all the transactions between the Merchant and the Buyer, the
Merchant agrees to pay an amount equal to 2% of the transaction value
(“Transaction Fees”) to the Company. The Merchant
agrees that the Transaction Fees is subject to change and such change
shall be published on the Platform from time to time.
- We use third party service providers or payment gateway(s) for
processing the payments made in relation to the purchase of products
offered by the Merchants to Buyers.
- The relevant third party service provider shall transfer the amount paid
by the Buyer against an Order (after deducting the Transaction Fees) in
the Merchant’s account, within 2 working days from the Buyer being in
receipt of the good/service pursuant to such an Order delivered.
- In order to enable Buyers to use paid services on the Platform, the
Company facilitates the provision of Pay Facility by a third-party
service provider on the Platform, at its sole discretion. The Pay
Facility shall enable automated collection and remittance services using
the facilities of various Indian banks, financial institutions, credit/
debit/ cash card brands, various third-party service providers and/or
payment card industry issuers and through such other infrastructure and
facilities as may be authorized by the Reserve Bank of India for
collection, refund and remittance, as the case may be. The Pay Facility
shall be availed in accordance with these Terms.
- The Pay Facility may support payments through credit/debit cards from
the banks that are available while selecting the Pay Facility as the
payment method or by cash. The Pay Facility may support payments through
UPI and mobile wallet payment options. However, payment mechanisms may
be added or removed or suspended through any one or more banks directly
or through any payment gateway facilitators and such change shall come
into effect upon the same being published on such third party service
provider’s website.
- The Pay Facility shall be made available to the Buyers to make payment
easier. In case wrong bank account details are used by the Buyer, the
Company shall not be responsible for loss of money, if any. In case of
there being any technical failure, at the time of transaction and there
is a problem in making payment, You could contact us atsupport@Cartpe
however, the Company shall not be liable for transaction failure
or payment issues. You assume sole responsibility for all risks
associated with transfer of money or payments to the Merchants, whether
or not such transfer or payments are done through the use of a
third-party payment gateway. All disputes regarding delayed payments or
failed payments must be resolved by You, and the third-party payment
gateway directly.
- You agree and accept that the Company is neither acting as a trustee nor
acting in a fiduciary capacity with respect to the payment transaction
by reason of providing the Pay Facility or any other method of payment
to its Buyers.
- While availing any of the payment method/s available on the Platform, we
will not be responsible or assume any liability, whatsoever in respect
of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction;
- Exceeding the preset limit mutually agreed by You and between
"Banks";
- Any payment issues arising out of the transaction; or
- Decline of transaction for any other reason.
- All payment transactions are subject to approval by Your issuing bank as
applicable. If Your bank refuses to authorize payment, the Merchant
shall have the right to cancel the Order without any further liability.
Further, You agree that we/Merchants will not be held accountable for
any delays caused to the delivery in cases where the payment
authorization is delayed by Your bank/ financial institution.
- You acknowledge and agree that You shall not use the details of credit
card/debit card/net-banking or any other payment instrument which is not
lawfully owned by You.
- All payments made against the purchases/Services on the Platform by You
shall be compulsorily in Indian Rupees acceptable in the Republic of
India. The Platform shall not facilitate transaction with respect to any
other form of currency with respect to the purchases made on the
Platform.
- The Merchants have specifically authorized the Company or its service
providers to collect, process, facilitate and remit payments
electronically or through ‘cash on delivery’ to and from other Buyers in
respect of transactions through Pay Facility.
- Your relationship with the Company is on a principal to principal basis
and by accepting these Terms, You agree that the Company is an
independent contractor for all purposes, and does not have control of or
liability for the products or services that are listed on the Platform
that are paid for by using the Pay Facility. The Company does not
guarantee the identity of any Buyer nor does it ensure that a Buyer or a
Merchant will complete a transaction.
- You understand, accept and agree that the Pay Facility provided by the
Company is neither a banking nor financial service but is merely a
facilitator providing an electronic, automated online electronic
payment, receiving payment through ‘cash on delivery’, collection and
remittance facility for the transactions on the Platform using the
existing authorized banking infrastructure and credit card payment
gateway networks. Further, by providing the Pay Facility, the Company is
neither acting as trustees nor acting in a fiduciary capacity with
respect to the transaction or the transaction price.
- Buyers acknowledge and agree that the Company acts as the Merchant's
payment agent for the limited purpose of accepting payments from Buyers
on behalf of the Merchant. Upon Your payment of amounts to us, which are
due to the Merchant, Your payment obligation to the Merchant for such
amounts is completed, and we are responsible for remitting such amounts
to the Merchant. You shall not, under any circumstances whatsoever, make
any payment directly to the Merchant for Order bookings made using the
Platform.
- Payment Facility for Buyers:
- You, as a Buyer, understand that upon initiating a transaction
You are entering into a legally binding and enforceable contract
with the Merchant to purchase the products and /or services from
the Merchant using the Pay Facility, and You shall pay the
transaction price through Your issuing bank to the Merchant
using Pay Facility.
- You, as a Buyer, shall be entitled to claim a refund of the
transaction price from the Merchant (as Your sole and exclusive
remedy) in case You do not receive the delivery of the goods or
services being sold by the Merchant within the time period
agreed in the transaction.
- You, as a Buyer, understand that refund may not be available in
full or in part for certain category of products and/or services
and/or transactions and hence You may not be entitled to a
refund in respect of the transactions for those products and /or
services.
- Except for ‘cash on delivery’ transactions, refund, if any,
shall be made at the same issuing bank from where the
transaction price was received, or through any other method
available on the third party payment gateway’s website, as
chosen by You.
- For ‘cash on delivery’ transactions, refunds, if any, will be
made via electronic payment transfers in accordance with the
policies adopted by the third party payment gateway.
- Refund shall be made in Indian Rupees only and shall be
equivalent to the transaction price received in Indian Rupees.
- For electronics payments, refund shall be made through payment
facility using any other online banking / electronic funds
transfer system approved by Reserve Bank India (RBI).
- Refunds may be supported for select banks. Where a bank is not
supported for processing refunds, You will be required to share
alternate bank account details with for processing the refund.
- Refund shall be conditional and shall be with recourse available
to the Company in case of any misuse by Buyer.
- We may also request You for additional documents for
verification.
- The Company reserves the right to impose limits on the number of
transactions or transaction price from an individual valid
Credit/Debit/ Cash Card / Valid Bank Account/ and such other
infrastructure or any other financial instrument directly or
indirectly through payment aggregator or through any such
facility authorized by Reserve Bank of India to provide enabling
support facility for collection and remittance of payment or by
an individual Buyer during any time period, and reserves the
right to refuse to process transactions exceeding such limit.
- The Company reserves the right to refuse to process transactions
by Buyers with a prior history of questionable charges including
without limitation breach of the User Agreement by Buyer with
the Company or breach/violation of any law or any charges
imposed by the issuing bank.
- The Buyer and Merchant acknowledge that the Company will not be
liable for any damages, interests or claims etc. resulting from
not processing a transaction/transaction price or any delay in
processing a transaction/transaction price which is beyond
control of the Company.
- Compliance with Laws:
- Buyer and Merchant shall comply with all the applicable Laws
(including without limitation Foreign Exchange Management Act,
1999 and the rules made and notifications issued thereunder and
the Exchange Control Manual as may be issued by Reserve Bank of
India from time to time, Customs Act, Information and Technology
Act, 2000 as amended by the Information Technology (Amendment)
Act 2008, Prevention of Money Laundering Act, 2002 and the rules
made there under, Foreign Contribution Regulation Act, 1976 and
the rules made there under, Income Tax Act, 1961 and the rules
made there under, Export Import Policy of government of India)
applicable to them respectively for using the payment facility.
- Buyer's arrangement with Issuing Bank:
- All valid credit / debit/ cash card/ and other payment
instruments are processed using a payment gateway or appropriate
payment system infrastructure and the same will also be governed
by the terms and conditions agreed to between the Buyer and the
respective issuing bank and payment instrument issuing company.
- All online bank transfers from valid bank accounts are processed
using the gateway provided by the respective issuing bank which
support Pay Facility to provide these services to the Users. All
such online bank transfers on Pay Facility are also governed by
the terms and conditions agreed to between Buyer and the
respective issuing bank.
- Third Party Links
To the extent that the Platform contains links to advertisement banners,
information about outside services and resources offered by third parties,
we do not give any express or implied warranties or guarantees regarding the
content, services, and information provided on such linked websites. Any
concerns regarding any such services or resources, or any link thereto,
should be directed to the particular service or resource provider. We
provide these links only for the convenience of visitors to the Platform.
You can visit any and all of the linked websites entirely at your own
discretion, however we shall assume no responsibility for the outcome of any
such interactions.
- Limitation of Liability
- In no event shall the Company or its Personnel or its suppliers, service
providers and internal service providers be liable for any direct,
indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible Losses arising (in any manner whatsoever)
out of or in connection with the Platform, the Pay Facility, services
provided by internal service providers on behalf of the Platform or the
Company or any other services.
- The Company’s liability under all circumstances is limited to the amount
of charges/ fees, if any, paid by You to the Company. The Company, its
Personnel and internal service providers and technology partners make no
representations or warranties about the accuracy, reliability,
completeness, and/or timeliness of any information or communication
provided on or through the use of the Platform or that of the operation
of the Platform or Pay Facility will be error free and/or uninterrupted.
The Company assumes no liability whatsoever for any monetary or other
damage suffered by You on account of: (a) the delay, failure,
interruption, or corruption of any data or other information transmitted
in connection with use of the Platform or Pay Facility; or (b) any
delay, failure, interruption or errors in the operation of the Platform
or Pay Facility.
- Indemnity for non-compliance or breach
You shall indemnify and hold harmless the Company and the Company's parent,
subsidiaries, its Personnel, Affiliates, internal service providers and
their respective officers, shareholders, directors, agents, and employees,
from and against any and all Losses, liabilities, actions, suits, claims,
proceedings, costs, damages, judgments, amounts paid in settlement and
expenses (including without limitation attorneys' fees and disbursements),
made by any third party or penalty imposed due to or arising out of Your
breach of the User Agreement or resulting from untrue, inaccurate,
misleading not current or incomplete information provided or verified by
You.
- Consent and Privacy Policy
- By using the Platform and/or by providing Your Information, You consent
to the collection and use of such Information disclosed by You on the
Platform and on the Pay Facility (if applicable), by the Company. The
personal information / data including but not limited to the information
provided by You to the Platform /Pay Facility (if applicable) during the
course of You being a registered User shall be retained in accordance
with the Privacy Policy published on the Platform from time to time
which is incorporated herein by reference and applicable Laws including
but not limited to Information Technology Act, 2000 and rules there
under. If You do not agree to Your information being transferred or used
in this way, please do not use the Platform.
- The Company views the protection of User’s privacy as a very important
community principle. The Company clearly understands that You and the
personal information provided by You is one of the most important assets
to the Company. The Company stores and processes the information
provided by You that are protected by physical as well as reasonable
technological security measures and procedures in compliance with the
applicable Law.
- Breach and Termination
- Without limiting other remedies that the Company may pursue, the Company
may at its sole discretion take such action as it deems fit including
but not limited to cancellation of the membership and deletion of the
account , limit Your activity on the Platform, immediately remove Your
information, or warn other Users of Your actions, forthwith
temporarily/indefinitely suspend or terminate or block Your user
account/membership, and/or refuse to provide You with access to the
Platform or initiate any legal action it may deem fit, particularly in
the event: You breach any of the provisions of the User Agreement, any
of the documents, agreements between the Company and You in addition to
these Terms, terms and conditions made thereunder which are incorporated
therein by reference; any misuse of Youraccount or the Pay Facility (if
utilised), in case the Company is unable to verify or authenticate any
information provided by You, if the Company believes that Your actions
may cause legal liability to the Company, other Users or Yourself.
- No actions, omissions or decisions taken by the Company shall waive any
rights or claims that the Company may have against the User. Any User
that may have been suspended or blocked may not register or attempt to
register with the Platform or use the Platform in any manner whatsoever
until such time that such User is reinstated by the Company.
Notwithstanding the above, if You breach the Terms or the Policies and
other documents incorporated therein by reference or any other
agreements entered into by the Company and You in addition to the Terms,
the Company reserves the right to take strict legal action including but
not limited to referral to the appropriate police or other authorities
for initiating criminal or civil or other proceedings against You.
- You agree and acknowledge that we, in our sole discretion, without prior
notification or intimation, may terminate your access to all or part of
the Platform or cease to provide accessibility to the Platform, for
reasons including but not limited to:
- In response to the requests of law enforcement agencies or other
government institutions;
- In response to your own request;
- The suspension or major modification of the website or any of
its services;
- Unforeseeable technical issues;
- Occurrence of an event outside our control.
- All Your obligations and liabilities incurred prior to the termination
date shall survive the termination of the User Agreement for all
purposes.
- Grievance Redressal Mechanism
- In case of any grievance, objection or complaint on Your part with
respect to the Platform, other Users or the Company, including any
complaints or enquiry about suspension, termination or blocking of Your
membership or right to use the Platform, You should promptly raise such
grievance or complaint with the designated Grievance Officer at
support@Cartpe and provide
the Grievance Officer with all necessary information and/or documents to
enable the Company/Grievance Officer to try and resolve the issue.
- The Grievance Officer shall attempt to acknowledge your grievances/
complaints within 48 (forty-eight) hours of receiving it. The Grievance
Officer may requisite such information as he may require in order to
look into the grievances/ complaints for resolving the same. The
Grievance Officer shall attempt to resolve the grievance/ complaint
within 1 (one) month of having received it. You acknowledge that in the
event you fail to provide the information sought by the Grievance
Officer to look into your complaint, the Grievance Officer shall not be
able to proceed with your grievance/ complaint, and as such, the
grievance/ complaint may remain unresolved. By agreeing to the Terms
herein, you hereby consent and authorize the Grievance Officer to
contact you on the basis of the information provided by you, for the
purposes of the grievance/ complaint.
- Confidentiality
- All communications between the You and the Company and all confidential
information given to or received by You from the Company, and all
information concerning the business transactions of the Company with any
entity or person with whom it may or may not have a confidentiality
obligation with regard to the matter in question, shall be kept
confidential by You (whether or not such information or data has been
marked as confidential) unless specifically permitted to the contrary in
writing to the Company.
- Further the Company may at any time disclose any confidential
information on a confidential basis to any prospective and current
investors, strategic or financial, partners or service providers other
than other Users of the Platform.
- This confidentiality obligation shall survive the termination of the
agreement with and the User account of the concerned User.
- Severability
If any provision of the User Agreement or the application thereof to any
person or circumstance is determined to be invalid, unlawful, void or
unenforceable to any extent for any reason including by reason of any
applicable Law, the remainder of the User Agreement and the application of
such provision to persons or circumstances other than those as to which it
is held invalid or unenforceable shall not be affected thereby, and each
provision of the User Agreement shall be valid and enforceable to the
fullest extent permitted by Law. Any invalid or unenforceable provision of
the User Agreement shall be replaced with a provision, which is valid and
enforceable and most nearly reflects the original intent of the invalid and
unenforceable provision.
- Governing Law and Jurisdiction
- The User Agreement and documents incorporated by reference shall be
governed and construed in accordance with the laws of India. If any
dispute arises between You and the Company during Your use of the
Platform or the Pay Facility or any service incidental to the Platform
or thereafter, in connection with the validity, interpretation,
implementation or alleged breach of any provision of the Terms and/or
any other agreement between the Company and You in addition to the User
Agreement and any other documents incorporated therein by reference, the
dispute shall be referred to the senior management of the Company for
conciliation. If the dispute has not been resolved, then such a dispute
shall be subject to the exclusive jurisdiction of the courts in
Bengaluru, Karnataka and You hereby submit to the jurisdiction of such
courts.
