Terms & Conditions
Personal Information:
Elexweb Digital India (“Elexkart”) is the licensed owner of the
brand Elexkart and the website https://www.elexkart.com (”The Site”) from Elexweb.com (“Elexkart”). Elexkart respects your privacy. This Privacy Policy provides
succinctly the manner your data is collected and used by Elexkart on the Site. As a visitor to the Site/ Customer you are
advised to please read the Privacy Policy carefully. By accessing the services
provided by the Site you agree to the collection and use of your data by Elexkart in the manner provided in this
Privacy Policy.
Services overview:
As part of the
registration process on the Site, Elexkart
may collect the following personally identifiable information about you: Name
including first and last name, alternate email address, mobile phone number and
contact details, Postal code, Demographic profile (like your age, gender,
occupation, education, address etc.) and information about the pages on the
site you visit/access, the links you click on the site, the number of times you
access the page and any such browsing information.
Eligibility:
Services of the Site
would be available to only select geographies in India. Persons who are
"incompetent to contract" within the meaning of the Indian Contract
Act, 1872 including un-discharged insolvents etc. are not eligible to use the
Site. If you are a minor i.e. under the age of 18 years but at least 13 years
of age you may use the Site only under the supervision of a parent or legal guardian
who agrees to be bound by these Terms of Use. If your age is below 18 years
your parents or legal guardians can transact on behalf of you if they are
registered users. You are prohibited from purchasing any material which is for
adult consumption and the sale of which to minors is prohibited
License & Site access:
Elexkart
grants you a limited sub-license to access and make personal use of this site
and not to download (other than page caching) or modify it, or any portion of
it, except with express written consent of Elexkart.
This license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or copying
of account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This site or
any portion of this site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of Elexkart.
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of the Site or of Elexkart and its
affiliates without express written consent. You may not use any Meta tags or
any other "hidden text" utilizing the Site’s or Elexkart’s name or Elexweb
Digital India’s name or trademarks without the express written consent of Elexkart. Any unauthorized use
terminates the permission or license granted by Elexkart
Account & Registration Obligations:
all shoppers have to
register and login for placing orders on the Site. You have to keep your
account and registration details current and correct for communications related
to your purchases from the site. By agreeing to the terms and conditions, the
shopper agrees to receive promotional communication and newsletters upon
registration. The customer can opt out either by unsubscribing in "My
Account" or by contacting the customer service.
Pricing decision:
all the products
listed on the Site will be sold at MRP unless otherwise specified. The prices
mentioned at the time of ordering will be the prices charged on the date of the
delivery. Although prices of most of the products do not fluctuate on a daily
basis but some of the commodities and fresh food prices do change on a daily
basis. In case the prices are higher or lower on the date of delivery not
additional charges will be collected or refunded as the case may be at the time
of the delivery of the order.
Cancellation by Site / Customer
you as a customer can
cancel your order anytime up to the cut-off time of the slot for which you have
placed an order by calling our customer service. In such a case we will refund
any payments already made by you for the order. If we suspect any fraudulent
transaction by any customer or any transaction which defies the terms &
conditions of using the website, we at our sole discretion could cancel such
orders. We will maintain a negative list of all fraudulent transactions and
customers and would deny access to them or cancel any orders placed by them.
Return & Refunds:
we have a "no
questions asked return and refund policy" which entitles all our members
to return the product at the time of delivery if due to some reason they are
not satisfied with the quality or freshness of the product. We will take the
returned product back with us and issue a credit note for the value of the
return products which will be credited to your account on the Site. This can be
used to pay your subsequent shopping bills.
You Agree and Confirm:
1.
That in the event that
a non-delivery occurs on account of a mistake by you (i.e. wrong name or
address or any other wrong information) any extra cost incurred by Elexkart for re-delivery shall be claimed
from you.
2.
That you will use the
services provided by the Site, its affiliates, consultants and contracted
companies, for lawful purposes only and comply with all applicable laws and
regulations while using and transacting on the Site.
3.
You will provide
authentic and true information in all instances where such information is
requested of you. Elexkart reserves
the right to confirm and validate the information and other details provided by
you at any point of time. If upon confirmation your details are found not to be
true (wholly or partly), it has the right in its sole discretion to reject the
registration and debar you from using the Services and / or other affiliated
websites without prior intimation whatsoever.
4.
You authorize Elexkart to contact you for any
transactional purposes related to your order/account.
5.
That you are accessing
the services available on this Site and transacting at your sole risk and are
using your best and prudent judgment before entering into any transaction through
this Site.
6.
That the address at
which delivery of the product ordered by you is to be made will be correct and
proper in all respects.
7.
That before placing an
order you will check the product description carefully. By placing an order for
a product you agree to be bound by the conditions of sale included in the
item's description.
You may not use the Site for any of the following purposes:
1.
Disseminating any
unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene,
or otherwise objectionable material.
2.
Transmitting material
that encourages conduct that constitutes a criminal offence or results in civil
liability or otherwise breaches any relevant laws, regulations or code of
practice.
3.
Gaining unauthorized
access to other computer systems.
4.
Interfering with any
other person's use or enjoyment of the Site.
5.
Breaching any
applicable laws;
6.
Interfering or
disrupting networks or web sites connected to the Site.
7.
Making, transmitting
or storing electronic copies of materials protected by copyright without the
permission of the owner.
Colours:
we have made every
effort to display the colours of our products that appear on the Website as
accurately as possible. However, as the actual colours you see will depend on
your monitor, we cannot guarantee that your monitor's display of any Colour
will be accurate.
Modification of Terms & Conditions of Service:
Elexkart
may at any time modify the Terms & Conditions of Use of the Website without
any prior notification to you. You can access the latest version of these Terms
& Conditions at any given time on the Site. You should regularly review the
Terms & Conditions on the Site. In the event the modified Terms &
Conditions is not acceptable to you, you should discontinue using the Service.
However, if you continue to use the Service you shall be deemed to have agreed
to accept and abide by the modified Terms & Conditions of Use of this Site.
Governing Law and Jurisdiction:
This User Agreement
shall be construed in accordance with the applicable laws of India. The Courts
at Bangalore shall have exclusive jurisdiction in any proceedings arising out
of this agreement. Any dispute or difference either in interpretation or
otherwise, of any terms of this User Agreement between the parties hereto, the
same shall be referred to an independent arbitrator who will be appointed by Elexkart and his decision shall be final
and binding on the parties hereto. The above arbitration shall be in accordance
with the Arbitration and Conciliation Act, 1996 as amended from time to time.
The arbitration shall be held in Delhi.
The High Court of judicature at Delhi
alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions:
All reviews, comments,
feedback, postcards, suggestions, ideas, and other submissions disclosed,
submitted or offered to the Site on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of this Site (collectively,
the "Comments") shall be and remain the property of Elexkart. Such disclosure, submission or
offer of any Comments shall constitute an assignment to Elexkart of all worldwide rights, titles and interests in all
copyrights and other intellectual properties in the Comments. Thus, Elexkart owns exclusively all such
rights, titles and interests and shall not be limited in any way in its use,
commercial or otherwise, of any Comments. Elexkart
will be entitled to use, reproduce, disclose, modify, adapt, create derivative
works from, publish, display and distribute any Comments you submit for any purpose
whatsoever, without restriction and without compensating you in any way. Elexkart is and shall be under no
obligation (1) to maintain any Comments in confidence; (2) to pay you any
compensation for any Comments; or (3) to respond to any Comments. You agree
that any Comments submitted by you to the Site will not violate this policy or
any right of any third party, including copyright, trademark, privacy or other
personal or proprietary right(s), and will not cause injury to any person or
entity. You further agree that no Comments submitted by you to the Website will
be or contain libelous or otherwise unlawful, threatening, abusive or obscene
material, or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any form of "spam". Elexkart does not regularly review
posted Comments, but does reserve the right (but not the obligation) to monitor
and edit or remove any Comments submitted to the Site. You grant Elexkart the right to use the name that
you submit in connection with any Comments. You agree not to use a false email
address, impersonate any person or entity, or otherwise mislead as to the
origin of any Comments you submit. You are and shall remain solely responsible
for the content of any Comments you make and you agree to indemnify Elexkart and its affiliates for all
claims resulting from any Comments you submit. Elexkart and its affiliates take no responsibility and assume no
liability for any Comments submitted by you or any third party.
Copyright & Trademark:
Elexkart
and Elexweb Digital India, its
suppliers and licensors expressly reserve all intellectual property rights in
all text, programs, products, processes, technology, content and other
materials, which appear on this Site. Access to this Website does not confer
and shall not be considered as conferring upon anyone any license under any of Elexkart or any third party's
intellectual property rights. All rights, including copyright, in this website
are owned by or licensed to Elexkart
from Elexweb Digital India. Any use
of this website or its contents, including copying or storing it or them in
whole or part, other than for your own personal, non-commercial use is
prohibited without the permission of Elexkart
and/or Elexweb Digital India. You
may not modify, distribute or re-post anything on this website for any purpose.
The names and logos and all related product and service names, design marks and
slogans are the trademarks or service marks of Elexweb Digital India, Elexkart, its affiliates, its partners
or its suppliers. All other marks are the property of their respective
companies. No trademark or service mark license is granted in connection with
the materials contained on this Site. Access to this Site does not authorize
anyone to use any name, logo or mark in any manner. References on this Site to
any names, marks, products or services of third parties or hypertext links to
third party sites or information are provided solely as a convenience to you
and do not in any way constitute or imply Elexkart
or Elexweb Digital India
endorsement, sponsorship or recommendation of the third party, information, product
or service. Elexkart or Elexweb Digital India is not responsible for the
content of any third party sites and does not make any representations
regarding the content or accuracy of material on such sites. If you decide to
link to any such third party websites, you do so entirely at your own risk. All
materials, including images, text, illustrations, designs, icons, photographs,
programs, music clips or downloads, video clips and written and other materials
that are part of this Website (collectively, the "Contents") are intended
solely for personal, non-commercial use. You may download or copy the Contents
and other downloadable materials displayed on the Website for your personal use
only. No right, title or interest in any downloaded materials or software is
transferred to you as a result of any such downloading or copying. You may not
reproduce (except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or participate in any sale of or
exploit in any way, in whole or in part, any of the Contents, the Website or
any related software. All software used on this Website is the property of "EDI" or its licensees and suppliers and protected by Indian and international
copyright laws. The Contents and software on this Website may be used only as a
shopping resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of the
Contents on this Website is strictly prohibited. Unless otherwise noted, all
Contents are copyrights, trademarks, trade dress and/or other intellectual
property owned, controlled or licensed by Elexkart,
one of its affiliates or by third parties who have licensed their materials to Elexkart and are protected by Indian and
international copyright laws. The compilation (meaning the collection,
arrangement, and assembly) of all Contents on this Website is the exclusive
property of Elexweb Digital India
and Elexkart and is also protected by
Indian and international copyright laws.
Objectionable Material:
you understand that by
using this Site or any services provided on the Site, you may encounter Content
that may be deemed by some to be offensive, indecent, or objectionable, which
Content may or may not be identified as such. You agree to use the Site and any
service at your sole risk and that to the fullest extent permitted under
applicable law, Elexweb Digital India
and/or Elexkart and its affiliates
shall have no liability to you for Content that may be deemed offensive,
indecent, or objectionable to you.
Indemnity:
You agree to defend,
indemnify and hold harmless Elexweb Digital
India, Elexkart, its employees,
directors, officers, agents and their successors and assigns from and against
any and all claims, liabilities, damages, losses, costs and expenses, including
attorney's fees, caused by or arising out of claims based upon your actions or inaction, which may result in any loss or liability to Elexweb Digital India or Elexkart
or any third party including but not limited to breach of any warranties,
representations or undertakings or in relation to the non-fulfillment of any of
your obligations under this User Agreement or arising out of the your violation
of any applicable laws, regulations including but not limited to Intellectual
Property Rights, payment of statutory dues and taxes, claim of libel,
defamation, violation of rights of privacy or publicity, loss of service by
other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this User Agreement.
Termination:
This User Agreement is
effective unless and until terminated by either you or Elexkart. You may terminate this User Agreement at any time,
provided that you discontinue any further use of this Site. Elexkart may terminate this User
Agreement at any time and may do so immediately without notice, and accordingly
deny you access to the Site, Such termination will be without any liability to Elexkart. Upon any termination of the
User Agreement by either you or Elexkart,
you must promptly destroy all materials downloaded or otherwise obtained from
this Site, as well as all copies of such materials, whether made under the User
Agreement or otherwise. Elexkart right to any Comments shall survive any termination of this User Agreement. Any
such termination of the User Agreement shall not cancel your obligation to pay
for the product already ordered from the Website or affect any liability that
may have arisen under the User Agreement.