TERMS OF SERVICE – Ekart
Please read the following terms carefully before using this service
This Terms of Service Agreement made between Ekart Technologies Pvt. Ltd. Online service of the first part and You of the second part is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with Ekart will always include, at a minimum, the terms and conditions set out in this document.
Ekart does not sell its own products or services but merely acts as a platform to other service – providers.
- Accepting the Terms
2.1 Ekart shall interact with customers / clients through e-mail, a form on our website, chat program on our website and phone call, Skype or similar service. By clicking a button or checkbox on a website. you accept and agree to the terms, where this option is made available to you by Ekart in the user interface for any offering.
2.2 In order to use the offering, you must first agree to the terms. You may not use the offering if you do not accept the terms.
- Your passwords and account security
3.1 You agree and understand that you are responsible to Ekart and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering. You will be solely responsible for all activities that occur under your account.
3.2 Ekart will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Ekart database, Ekart shall not be made liable for the resulting damages.
3.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at Ekart immediately.
- Content in the offering
4.1 You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the offering are the sole responsibility of the person from which such content originated.
4.2 You should be aware that content presented to you as part of the offering, including but not limited to advertisements and promotional material of Ekart or other companies, is protected by intellectual property rights which are owned by Ekart, or the sponsors or advertisers who provide that content to Ekart (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically told that you may do so by Ekart or by the owners of that content, in a separate agreement. Any content being disseminated using sales network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
4.3 You agree that you are solely responsible for any content that you create, transmit or display while using the offering or for the consequences of your actions.
4.4 You understand that by using the offering you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the offering at your own risk. Ekart shall not be made responsible for any repugnant content circulated on its offering by other users.
4.5 On noticing any such content, it is your duty to bring it to the attention of Ekart officials immediately, who will take due care to delete it from the offering.
- Intellectual Property rights
5.1 You acknowledge and agree that Ekart (or s licensors) owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the offering may contain information which is designated confidential by Ekart and that you shall not disclose such information without s prior written consent.
5.2 Unless Ekart has otherwise agreed in writing, nothing in the terms gives you a right to use any of trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- License from Ekart
6.1 Ekart gives you a personal non-exclusive license to use the software provided to you by Ekart as part of the offering as provided to you by Ekart. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by Ekart, in the manner permitted by these terms.
6.2 You are not entitled to commercially exploit, either directly or by sale, or transfer commercially or profit from the offering and products.
6.3 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.
6.4 Unless Ekart has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
- Ending your relationship with Ekart
7.1 The Terms will continue to apply until terminated by either you or Ekart as set out below.
7.2 Ekart may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or (B) Ekart is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)
7.3 When these terms come to an end, all of the legal rights, obligations and liabilities that you and Ekart are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
- EXCLUSION OF WARRANTIES
8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED AS IS AND AS AVAILABLE.
8.2 IN PARTICULAR, EkartK DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
8.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND Ekart WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EKart OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8.5 Ekart FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
- LIMITATION OF LIABILITY
9.1 SUBJECT TO OVERALL PROVISION IN CLAUSE 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT EKart SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH EKart MAY MAKE TO THE OFFERING, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE OFFERING;
(III) YOUR FAILURE TO PROVIDE EKart WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS
SECURE AND CONFIDENTIAL
- Other content to which references are made, links are provided, etc.
10.1 The offering may include hyperlinks to other web sites or content or resources. Ekart may have no control over any web sites or resources which are provided by companies or persons other than Ekart.
10.2 You acknowledge and agree that Ekart is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that Ekart is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- Changes to the Terms
11.1 Ekart may make changes to the terms from time to time. The same will be communicated to you, on the website, without prior intimation to you. Your continued use of the offering will indicate your acceptance of the modified terms. When these changes are made, Ekart shall make the amended copy of the terms available in an accessible location.
11.2 You understand and agree that if you use the offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, Ekart will treat your use as acceptance of the amended terms.
- General legal terms
11.1 Sometimes when you use the offering, you may (as a result of, or through your use of the offering) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other offering, software or goods may be subject to separate terms between you and the company or person concerned.
11.2 The terms constitute the legal agreement between you and Ekart and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. (but excluding any offering which Ekart may provide to you under a separate written agreement), and completely replace any prior agreements between you and Ekart in relation to the offering.
11.3 You agree that if Ekart does not exercise or enforce any legal right or remedy which is contained in the terms (or which Ekart has the benefit of under any applicable law), this will not be taken to be a formal waiver of s rights and that those rights or remedies will still be available to Ekart.
11.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
11.5 The terms, and your relationship with Ekart under the terms, shall be governed by the laws of india. You and Ekart agree that any dispute will be referred to arbitration, with the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen.
11.6 We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time