Terms & Conditions
This document is an electronic record in terms of Information Technology
Act, 2000 and rules there under as applicable and the amended provisions
pertaining to electronic records in various statutes as amended by the
Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
This document 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 user agreement
for access or usage of www.elexkart.com website.
User Agreement: This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use Elexkart, including any sub domains, web pages or extension of Elexkart.com; you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of Elexkart
and the services provided are subject to the rules and regulations, policies,
notices, terms & conditions set forth in this User Agreement. For the
purposes of this User Agreement, 'User' and wherever the
context may require 'You' (or any variation thereof), shall
mean any natural or legal person who has agreed to become a user of Elexkart by
accessing or browsing the Website and/or has registered as a member of Elexkart
by submitting identification information/ registration details using the
computer system of Elexkart and accepting the electronic record of the User
Agreement, has obtained a unique username along and a secret alpha-numerical
key (password) for using the Website.
Amendment: Elexkart Handicrafts Private Limited (Henceforth referred to
as "Company") reserves the right to change this Website and/or alter
the terms and conditions of this User Agreement at any time and retains the
right to deny access to anyone who the Company believes has violated the
provisions of this User Agreement. You are advised that any amendment to the
User Agreement or rules and policies incorporated herein by reference will only
be notified on the Website on publicly accessible links and you agree by
accessing, browsing or using this website that this constitutes sufficient
notice for all purposes against you. The revised version/ terms shall be
effective from the time that the Company posts the same on the Website. [In the
event, that the User Agreement includes a substantial change, the Company will
provide 30 days' prior notice of such substantial change by posting the same on
the Website and also at the email address provided by the User to the Company.
For the purposes of this User Agreement, 'substantial change' means a change to
the terms of this User Agreement that reduces your rights or increases your
responsibilities.]
By impliedly or
expressly accepting this User Agreement, you also accept and agree to be bound
by Elexkart Rules and Policies for Sellers and Buyers as provided from time to
time in the following hyperlinks:
Definitions
Payment on Billing shall mean a Transaction where the payment for the items
purchased is paid through the (i) Elexkart authorized Payment Gateway Facility
or (ii) the buyer (if permitted by the relevant seller) has opted to deposit
the Transaction Price in the bank account of the Company by way of cash, Cheque,
demand draft or any other mode of payment and such payment of the Transaction
Price is credited to the bank account of the Company within [3] days of booking
the Transaction.
Payment on Delivery shall mean a Transaction where the payment for the items
is collected from the buyer by the Logistics Partner at the time of delivering
the goods. In this case, the Buyer shall only make payment in cash and no other
mode of payment will be accepted. However, this facility is available only in
limited cities in India and the Company in its sole discretion and without
notice, reserves the right to add or withdraw the cities in which such option
may be available. This facility shall not be available for delivery of items
outside India.
Delivery / Delivered means physical delivery of the items to the buyer (for
which a Transaction Price has been paid by the buyer by Payment on Billing or
the buyer has opted for Payment on Delivery, or such other mode of payment
approved by the Company) by the seller through a reputed courier service or by
the Logistics Partner at the address communicated by the buyer on Elexkart.
In Transit/
Dispatched all mean that the
items (for which a Transaction Price has been paid by the buyer by Payment on
Billing or the buyer has opted for Payment on Delivery, or such other mode of
payment approved by the Company) have been dispatched by the seller through a
reputed courier service or by the Logistics Partner at the address communicated
by the buyer on Elexkart.
Dispatch Details means the true, accurate and valid data, information, details or
documents as specified by the Company from time to time, which the seller/
Logistics Partner is obligated to provide to the Company as proof that the item
has been Dispatched and/or Delivered, as the case maybe.
Information means and shall include any confidential and/or personally
identifiable information or other information provided to the Company or other
Users of Elexkart at the time of registration, buying or listing process or
through any email feature and shall include without limitation your name, email
address, billing/shipping address, phone number and banking / financial
information.
Issuing Bank in respect of a buyer means any bank that has issued a
Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank
which maintains a valid Bank Account in the name of buyer; with which the buyer
makes payment of the Transaction Price. [Currently, Elexkart Authorised Payment
Gateway Facility supports online bank transfers from the banks that are
available while selecting prepay as the payment method. The Company may add or
remove or suspend any one or more banks directly or through any payment gateway
facilitators and such change shall come into effect upon the same being posted
on Elexkart.]
Logistics Partner shall mean reputable logistics and courier company(s)
appointed by the Company that will provide various services of collection and
delivery of items, collection of the Transaction Price from the buyer in case
of Payment on Delivery Transactions or such other services that the Company may
require.
Transaction means every electronically generated valid purchase order
placed by the Buyer for purchasing the items listed by the Seller on Elexkart.
Transaction Price means the price to be paid for the items to be purchased
by the buyer for every Transaction and which price shall include, if
applicable, the shipping charges, insurance charges and all other taxes,
duties, costs, charges and expenses in respect thereof as charged by the
seller.
Valid Card means any valid credit card/ valid debit card/ valid cash
card or any other card of whatsoever nature issued by Visa or MasterCard and/or
by any Issuing Bank or any institution designated to issue such cards and
lawfully owned by the User of the card at the time of the Transaction as well
as at the time of Refund, if any.
Valid Bank Account shall mean a valid and operational bank account in the
name of the User of which the User is the rightful and legal owner having the
ability to issue Cheques/ demand drafts and make deposits, which in respect of
the buyer shall be referred to as the Buyer Bank Account and
in respect of the Seller be referred to as the Seller Bank Account.
[Both the Buyer Bank Account and Seller Bank Account are required to be with a
branch of a nationalized bank as per applicable Indian laws or other banks
which are registered with or approved by Reserve Bank of India and such branch
and/or account of the Buyer and Seller supports Reserve Bank of India’s
electronic / online banking system including, without limitation, National
Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
Elexkart Authorised
Payment Gateway facility means the automated
electronic payment or collection and remittance facility provided by the
Company to Buyers and Sellers to facilitate purchase and sale of items as well
as making payments there for on Elexkart 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.
[Currently, Elexkart Authorised Payment Gateway Facility supports online bank
transfers from the banks that are available while selecting the Prepay mode as
the payment method. The Company may add or remove or suspend any one or more
banks directly or through any payment gateway facilitators, and such change
shall come into effect upon the same being posted on Elexkart.]
· Eligibility: Elexkart or any service provided by Elexkart may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undercharged insolvents are not eligible to use Elexkart. A minor is not allowed to access or register as a User or sell or purchase any items on Elexkart.
If you represent and
are registering as a business entity, by accepting the User Agreement you
represent that such entity has sufficient authority under applicable law to
enter into the User Agreement and you are duly authorized by the business
entity to accept this User Agreement and you have the authority to bind that
business entity to this User Agreement.
· Registration and Communication: By registering on Elexkart, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by you, on the contact details provided by you. Any kind of legal implication rose, due to the incorrect nature of the details provided by you, Elexkart will not be held responsible for the same.
You agree that your
sole purpose of registering or using Elexkart is to buy or sell unique Indian
handicraft products including green-crafted and ethnic products or such
products as may be specifically notified by the Company on the Website from
time to time (that are permitted to be bought and sold under applicable law)
and you shall not use Elexkart for any other purpose including for selling or
buying products other than as mentioned above or products that are not allowed
under applicable law to be sold or bought by you in any manner.
You agree to provide
true, accurate and complete information while registering or for any other
purpose when prompted to do so on Elexkart. 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
registering or for any other purpose on Elexkart to ensure that the information
provided by you is true, accurate, current and complete at all times. If you
provide any information that is untrue, inaccurate, not current or incomplete
or the Company has reasonable grounds to deduce that such information is
untrue, inaccurate, not current or incomplete, or not in accordance with this
User Agreement, the Company reserves the right to indefinitely suspend or
terminate or block your use or access to Elexkart in any manner whatsoever.
Seller Registration: To be eligible to sell items on Elexkart, the User is required
to separately register with Elexkart Authorised Payment Gateway facility on its
page on Elexkart. The seller shall provide complete details of the Seller Bank
Account as a part of the Elexkart Authorised Payment Gateway Seller
Registration or at a later date in lieu of or in addition to the original
Seller’s Bank Account..
Buyer Registration: Other than being a User, there is no separate registration
requirement for buyers. Elexkart Authorised Payment Gateway facility is
available to Buyers who hold a Valid Card or Valid Bank Account.
Electronic
Communication: You agree to keep
yourself updated with all data, information and communication pertaining to you
made available on Elexkart. You further agree that your use of Elexkart 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 receive communication from the Company via electronic records which will be
deemed adequate service of notice/ electronic record.
· Terms of Use: You understand and agree that the Company merely provide hosting services to its Users who access Elexkart for purchase and sale of unique Indian products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on Elexkart and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You also give permission to the Website and the Company to store details and records of your usage of Elexkart indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.
Currently the
membership on Elexkart is free and the Company does not levy any charges/fees
for browsing or buying on Elexkart. However, for the purposes of listing any
item on Elexkart to be sold or availing other services provided by the Company
through Elexkart such as packing, warehousing, courier etc., the Seller will be
charged fees as provided in the Facility Charges Policy incorporated herein by
reference. The Company reserves the right to introduce new services or modify
the existing services provided on Elexkart. Additionally, the Company at its
sole discretion may introduce fees for the new services provided or amend/
introduce fees for the existing services, as the case may be. Changes to the User
Agreement or any of the rules and policies of the Company shall be posted on Elexkart
and such changes shall automatically become effective immediately after they
are posted on Elexkart.
All fees/ charges
shall be quoted in Indian Rupees and shall be payable to Elexkart Handicrafts
Private Limited within such time as specified in the invoice. You are
responsible for paying all charges/ fees associated with the use of Elexkart
and shall be liable to pay any and all applicable taxes, charges, cesses etc.
which may be levied. In case of any non- payment, the Company reserves the
right to issue a warning or temporarily/ indefinitely suspend or terminate your
membership with Elexkart and disallow access to Elexkart. The Company also
reserves the right to take any legal action against you in case of any non-
payment of charges/fees to the Company.
If you purchase
anything on Elexkart, you agree to also comply with the terms and conditions
set out in the Policy for Buyers incorporated
herein by reference.
If you propose to sell anything on Elexkart,
you agree to also comply with the terms and conditions set out in the Policy
for Sellers incorporated herein by reference.
The Company offers
listing, packing, courier, warehousing, design and other value added services (Elexkart
Logistics) to the sellers who opt to avail any of the Elexkart Logistics
services agree to comply with the terms and conditions set out in Policy
for Elexkart Logistics incorporated herein by reference. The sellers will
be charged for such services availed from Elexkart Logistics in accordance with
the Facility Charges Policy.
You agree that the
Company may appoint any third party service provider, including but not
restricted to one or more of the Company's affiliate to provide back-end operations and support as instructed by the Company from time to time including
but not limited to collection, processing and remittance of the Transaction
Price using the existing authorized banking infrastructure to provide enabling
support facility for collection and remittance of payment including but not
limited to the Logistics Partner.
The Company neither
originates nor transmits any communication/ information on behalf of any User
nor does it modify the contents of any communication transmitted. The Company
has no control over third parties and contents generated by the Users on Elexkart.
Any information
provided by you to the Company or submitted to Elexkart or provide or display
to other Users of Elexkart in the registration, buying or listing process, in
the feedback area or through any e-mail communication is solely your
responsibility and the Company merely is a platform where such information is
distributed, published, displayed or used by Users. The Company or the Website
is not liable for accuracy, appropriateness or legality of such information.
· User Obligations: All contractual terms of the manner and terms & conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of Elexkart that you may transact with.
You will treat Elexkart
as a mere passive conduit which is used as a platform by Users to create
listings or provide information for the purpose of selling their items so that
such information can be discovered and read by other Users of Elexkart who may
wish to purchase such items from other Users or provide feedback on items they
have purchased or sellers who have sold any item to them.
You agree and
undertake not to host, display, upload, modify, publish, transmit, update or
share any information or list any information or item that:
o
belongs to another
person and to which you do not have any right to;
o
is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous,
invasive of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever; 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;
o
harm minors in any
way;
o
infringes any patent,
trademark, copyright or other proprietary 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 items;
o
violates any law for
the time being in force;
o
deceives or misleads
the addressee/ users about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
o
impersonate another
person or use an anonymous proxy;
o
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, cancel bots, 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;
o
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
cognizable offence or prevents investigation of any offence or is insulting any
other nation;
o
shall not be false,
inaccurate or misleading;
o
shall not, directly or
indirectly, offer, attempt to offer, trade or attempt 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;
o
may give rise to
liability on part of the Website or the Company or cause any hindrance (in
whole or in part) with respect to the services of ISPs or other suppliers of
the Website or the Company; and
o
link directly or
indirectly to or include descriptions of items that are (i) prohibited under
the User Agreement or any other applicable law for the time being in force
including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and
Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code,
1860, Information Technology Act 2000 as amended time to time and rules there
under or (ii) are at the same time listed for sale on a web site other than Elexkart.
You shall not promote any website or web page or link on Elexkart.
In case of any
violation of the above provisions, the Company has the right to immediately
terminate the access or usage rights of the user to Elexkart without any notice
and any such violating information that is displayed or submitted on Elexkart
can be removed immediately and completely.
You shall be
responsible for keeping backup versions of the information and data provided by
you. You hereby agree that you will not expect Elexkart to restore or keep back
up of your information and data and not hold the Website or the Company
accountable for any loss of data in any circumstances.
You shall not, either
alone or in conjunction with other users, manipulate or attempt to manipulate
the prices of any item being sold or purchased on Elexkart. You will also
refrain from accessing information or databases in an unauthorized manner from Elexkart
or servers where information or databases are kept.
You shall not attempt
to or circumvent or manipulate any of the obligations conferred on you by this
User Agreement. If such attempt is discovered, it will constitute sufficient
ground for termination of access to Elexkart and also for taking appropriate
legal action.
In case of any
transaction or attempted transaction pertaining to any item listed on Elexkart
which is violating this User Agreement or applicable laws comes to your
knowledge, you shall forthwith take all steps to inform the Company of such
violation at customercare@elexkart.com
If you choose to
provide feedback on Elexkart which is visible to other users, you shall
exercise due care while making comments and not make any comments that are not
factual in nature and shall not post defamatory or illegal or offensive/
obscene contents.
You undertake not to
disclose or distribute any other User's Information to a third party, or use
the Information for any unauthorized purpose including for the purposes of
marketing unless you have obtained the User's express consent to do so.
You shall not place
any advertisements on the Website in any manner. Further, you shall not use the
Website to promote your own or any other persons business or interests on the
Website except for providing description on a listing for a specific item,
unless permitted by the Company in writing.
You shall not attempt
to 'double dip' during the course of a dispute by receiving or attempting to
receive funds from the Company and/or its service providers and/or the buyer or
seller as the case maybe.
· Disclaimers: Elexkart is only a platform where users may meet and interact with one another for their transactions. The Website or the Company is not and cannot be a party to or control in any manner any transaction between two users of Elexkart.
All commercial /
contractual terms are offered by and agreed to between buyers and sellers alone
as per principal to principal bipartite contractual obligations. The commercial
/ contractual terms include without limitation price, shipping costs, payment
methods, payment terms, date, period and mode of delivery, warranties related
to items listed for sale. The Company does not have any control and neither
does it determine or advise or in any way involves itself in the offering or
acceptance of such commercial / contractual terms between buyers and sellers.
Further, you understand that a listing may end if another User buys the item,
or the User who made the listing chooses to end the same or if the listing
expires after a stipulated period of time.
The Company is neither
involved in the buying and selling of items on the Website nor liable or
responsible for any non- performance or breach of any contract entered into
between the Users (i.e. buyer and seller) including but not limited to
non-delivery or non-receipt, non-payment, damage, breach of representations and
warranties provided by the seller or any fraud as regards the items listed on Elexkart.
The Users acknowledge that the Company will not be liable for any damages,
interests or claims etc. resulting from not processing or any delay in
processing a Transaction/ Transaction Price which is beyond the control of the
Company. The Company shall not and is not required to mediate or resolve any
dispute or disagreement between users.
The Company does not
make any representation or warranty as to the attributes (such as quality,
worth, marketability, merchant ability, usefulness) of the items proposed to be
sold or offered to be sold or purchased on Elexkart. In particular, the Company
does not implicitly or explicitly support or endorse the sale or purchase of
any items on the Website. The Company shall not be liable for any errors or
omissions, whether on behalf of itself or third parties.
The Company does not
make any representation or warranty as to the attributes (such as legal title,
creditworthiness, identity etc.) of any of its users. You are advised use your
best judgment and independently verify the bona fides of any particular User
that you choose to deal with on Elexkart.
Elexkart is only a
venue through which Users can reach a larger base to buy and sell unique Indian
products. The Company is only providing a platform in form of the Website for
communication and a hosting service for information and it is agreed that the
contract for sale of any of the items shall be a strictly bipartite contract
between the seller and the buyer. At no time shall any right, title or interest
over the items vest with the Company nor shall the Company have any obligations
or liabilities in respect of such contract. The Company is not responsible for
unsatisfactory or delayed performance of sellers or damages or delays as a
result of items being out of stock, back ordered or otherwise unavailable. All
items offered by sellers are only for a restricted time and only for the
available supply as offered by sellers.
The Company and its
suppliers, affiliates and service providers make available Elexkart and
services including the Elexkart Logistics, Elexkart Authorised Payment Gateway
facility for electronic payment on an "as is" basis and without any
warranty or condition, express, implied or statutory and specifically disclaim
any implied warranties of title, merchantability, fitness for a particular
purpose and non-infringement. The Company specifically disclaims any such warranty.
You expressly agree that the use of Elexkart and Elexkart Authorised payment
gateway electronic payment facility is at your own risk.
You release and
indemnify the Company and/or any of its officers and representatives from any
cost, damage, liability or other consequence of any of the actions of the users
of Elexkart and specifically waive any claims that you may have in this behalf
under any applicable law. The Company cannot control the information provided
by other Users, which is made available on the Website notwithstanding the
Company's reasonable efforts in that behalf. You may find other User's
information to be offensive, harmful, inaccurate, or deceptive. Please use
caution and practice safe trading when using the Website. Please note that
there may be risks in dealing with foreign nationals, underage persons or
people acting under false pretence.
· Limited liability of the Company: In no event shall the Company or its suppliers, affiliates and 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, including but not limited to negligence) out of or in connection with Elexkart, Elexkart Authorised payment gateway facility, services provided by the Logistics Partner or any other services or this User Agreement.
The Company liability
in any circumstance is limited to the amount of charges/ fees, if any, paid by
you to the Company. The Company, its associates, affiliates and service
providers and technology partners make no representations or warranties about
the accuracy, reliability, completeness, and/or timeliness of any content,
information, software, text, graphics, links or communications provided on or
through the use of Elexkart or that the operation of Elexkart or the Logistics
Partner or Elexkart Authorised payment gateway facility will be error free
and/or uninterrupted. The Company provides no guarantee to its Users in respect
of the products sold on the Website. Consequently, the Company assumes no
liability whatsoever for any monetary or other damage suffered by you on
account of:
o
The delay, failure,
interruption, or corruption of any data or other information transmitted in
connection with use of the Website or Elexkart Authorised payment gateway
facility.
o
Any delay, failure,
interruption or errors in the operation of Elexkart or the Logistics Partner or
Elexkart authorised payment gateway facility.
· Indemnity: You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.
· Payment: Payments for the items on Elexkart, at the option of the relevant seller, can be made by way of (i) Payment on Billing which can be made through the Elexkart Authorised payment gateway Facility or by depositing cash, Cheque, demand draft in the bank account of the Company; or (ii) Payment on Delivery wherein payment shall be made only by cash on delivery, or such other method of payment as may be permitted by the Company on Elexkart in its sole discretion.
For the purposes of
buying and/or selling any item listed on Elexkart, you agree and undertake not
to make payments in any manner other than as provided, without the prior
consent of the Company.
You acknowledge and
accept that you have specifically authorized the Company to collect, process,
facilitate and remit payments and/ or the Transaction Price by any of the
prescribed methods of payment through Payment on Billing or Payment on Delivery
to and from other Users in respect of Transactions.
In order to enable
Users to carry out transactions on Elexkart, the Company will in addition to
other methods of payment provide an electronic payment facility i.e. Elexkart Authorised
payment gateway facility by E-billing Solutions Private Limited on the Website.
The Elexkart Authorised payment gateway facility enables 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 Elexkart Authorised
payment gateway facility shall be availed in accordance with the terms of this
User Agreement and the rules and policies prescribed here under.
The Company shall make
reasonable efforts to ensure that requests for electronic debits and credits
involving Issuing Bank are informed to the Nodal Bank (defined below) in a
timely manner. However, a number of factors that are outside of the Company's
control (including without limitation actions of Issuing Bank, Nodal Bank and
the bank or credit / debit/ cash card and/or 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 where the
Transaction Price is remitted and/or refunded) may delay the time within which
the Transaction Price are collected/ remitted by the Company through the Elexkart
Authorised payment gateway facility. The Company neither makes any
representations nor makes any warranties regarding the amount of time needed to
complete processing, including delays in the banking system and nor shall the
Company be liable for any actual or consequential damages arising from any
claim of delay.
Any claim for refund
of any payment made to the Company, for any reason whatsoever, shall be to the
account of the Seller and the Company shall not be responsible for the same including
but not limited to service charges or any other fees/ charges.
You agree and accept
that the Company is neither acting as trustee nor acting in a fiduciary
capacity with respect to the Transaction or the Transaction Price, by providing
the Elexkart Authorised payment gateway facility or any other method of payment
to its Users.
· Consent and Privacy Policy: By using Elexkart and/or by providing your information, you consent to the collection and use of such information disclosed by you on Elexkart on Elexkart Authorised payment gateway facility, by the Company. The personal information / data including but not limited to the Information provided by the You to Elexkart/ Elexkart Authorised payment gateway facility during the course of a Transaction shall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules there under. The Company does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent and the Company only uses your information in the manner described in the Privacy Policy. If you do not agree to your Information being transferred or used in this way, please do not use Elexkart.
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 in computers located in India that
are protected by physical as well as reasonable technological security measures
and procedures in compliance with the provisions of the Information Technology
Act, 2000 and rules made there under.
· BREACH: 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 Transaction or payments made, limit your activity, immediately remove your information or listings, or end your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Elexkart or initiate any legal action it may deem fit, particularly in the event:
o
You breach any of the
provisions of this User Agreement including any of the rules and policies,
documents, terms and conditions made there under which are incorporated therein
by reference;
o
Any misuse of the Elexkart
Authorised payment gateway facility
o
The Company is unable
to verify or authenticate any information provided by you;
o
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.
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 Elexkart
or use Elexkart in any manner whatsoever until such time that such User is
reinstated by the Company. Notwithstanding the above, if you breach the User
Agreement or the rules and policies and other documents incorporated therein by
reference, the Company reserves the right to recover any amounts due and owed
by you to the Company and to take strict legal action including but not limited
to referral to the appropriate police or other authorities for initiating
criminal or other proceedings against me.
· Grievance Redressal Mechanism: In case of any grievance, objection or complaint on your part with respect to the Website, other Users, Elexkart authorized payment gateway facility or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use Elexkart, you should promptly raise such grievance or complaint with the designated Grievance Officer at customercare@elexkart.com and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue.
The name and contact
details of the Grievance Officer is published on Elexkart as required under the
provisions of the Information Technology Act, 2000 and the rules made there under.
· General: None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly
stated otherwise, any notices directed to the Company shall be given by email
to customercare@elexkart.com and any notices to you by the Company shall be
provided to the email address provided by you during the registration process.
Notice shall be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid. Alternatively, we may give
you notice by registered mail, postage prepaid and return receipt requested, to
the address provided to us during the registration process. In such case,
notice shall be deemed given 3 days after the date of mailing.
If any clause of this
User Agreement or the application thereof to any User or circumstance shall be
deemed invalid, void or for any reason unenforceable to any extent, the
remainder of this User Agreement and the application of such unenforceable
provision to Users or circumstances other than those as to which it is held
invalid or unenforceable shall not be affected thereby, and each provision of
this User Agreement shall be valid and enforceable to the fullest extent permitted
by law.
This User Agreement
together with the rules and policies incorporated herein by reference
constitutes the entire understanding and agreement between You and the Company
with respect to the subject matter herein.
The Company at its
sole discretion shall be entitled to assign or transfer its rights and
obligations under this User Agreement here under to any other person without
your prior consent provided that the Company assigns this User Agreement on the
same terms or such terms that are no less favorable to you.
All remedies of the
Company under this User Agreement whether provided herein or conferred by
statute, civil law, common law, custom or trade usage, are cumulative and not
alternative and may be enforced successively or concurrently.
· ARBITRATION: If any dispute arises between you and the Company during your use of Elexkart or the Elexkart Authorised payment gateway facility or Elexkart Services or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and/or Elexkart Authorised payment gateway Agreement, or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
· GOVERNING LAW: This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Mumbai shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.