VI Cart Terms of Use
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 Terms of Use
for access or usage of domain name [www.vicart.com][www.vicart.com] (“Website”),
including the related mobile site and mobile application (hereinafter referred
to as “Platform”)
The Platform is
owned by SVG Express Services (P) Ltd. a company incorporated under the
Companies Act, 1956 with its registered office at Buildings Plot no 62, Lane
No-2,Gopalbari, Jaipur-302001, India India (hereinafter referred to as "VI
Cart").
Your use of the Platform and services and tools are governed by the
following terms and conditions ("Terms of Use") as
applicable to the Platform including the applicable policies which are
incorporated herein by way of reference. If You transact on the Platform, You
shall be subject to the policies that are applicable to the Platform for such
transaction. By mere use of the Platform, You shall be contracting with VI Cart
Internet Private Limited and these terms and conditions including the policies
constitute Your binding obligations, with VI Cart.
For the purpose of these Terms of Use, wherever the context so
requires "You" or "User" shall mean any
natural or legal person who has agreed to become a buyer on the Platform by
providing Registration Data while registering on the Platform as Registered
User using the computer systems. VI Cart allows the User to surf the Platform
or making purchases without registering on the Platform. The
term "We", "Us", "Our" shall mean SVG
Express Services (P) Ltd.
When You use any of
the services provided by Us through the Platform, including but not limited to,
(e.g. Product Reviews, Seller Reviews), You will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and
they shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use. We reserve the right, at
Our sole discretion, to change, modify, add or remove portions of these Terms
of Use, at any time without any prior written notice to You. It is Your
responsibility to review these Terms of Use periodically for updates / changes.
Your continued use of the Platform following the posting of changes will mean
that You accept and agree to the revisions. As long as You comply with these
Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Platform.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT
TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE
TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting
these Terms of Use, You also accept and agree to be bound by SVG Express
Services (P) Ltd Policies ((including but not limited to Privacy Policy
available at Privacy) as amended from time to time.
Membership Eligibility
Transaction on the
Platform is available only to 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
un-discharged insolvents etc. are not eligible to use the Platform. If you are
a minor i.e. under the age of 18 years, you may use the Platform or access
content on the Platform only under the supervision and prior consent/
permission of a parent ormlegal guardian.
As a minor if you
wish to transact on the Platform, such transaction on the Platform may be made
by your legal guardian or parents. VI Cart reserves the right to terminate your
membership and / or refuse to provide you with access to the Platform if it is
brought to VI Cart’s notice or if it is discovered that You are under the age
of 18 years and transacting on the Platform.
Your Account and Registration Obligations
If You use the Platform,
You shall be responsible for maintaining the confidentiality of your Display
Name and Password and You shall be responsible for all activities that occur
under your Display Name and Password. You agree that if You provide any
information that is untrue, inaccurate, not current or incomplete or We have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with the this Terms of Use, We
shall have the right to indefinitely suspend or terminate or block access of
your membership on the Platform and refuse to provide You with access to the
Platform.
Your mobile phone
number and/or e-mail address is treated as Your primary identifier on the
Platform. It is your responsibility to ensure that Your mobile phone number and
your email address is up to date on the Platform at all times. You agree to
notify Us promptly if your mobile phone number or e-mail address changes by
updating the same on the Platform through a onetime password verification.
You agree that VI
Cart shall not be liable or responsible for the activities or consequences of
use or misuse of any information that occurs under your Account in cases,
including, where You have failed to update Your revised mobile phone number
and/or e-mail address on the Website Platform.
If You share or
allow others to have access to Your account on the Platform (“Account”), by
creating separate profiles under Your Account, or otherwise, they will be able
to view and access Your Account information. You shall be solely liable and
responsible for all the activities undertaken under Your Account, and any
consequences therefrom.
Communications
When You use the
Platform or send emails or other data, information or communication to us, You
agree and understand that You are communicating with Us through electronic
records and You consent to receive communications via electronic records from
Us periodically and as and when required. We may communicate with you by email
or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Platform is a
platform that Users utilize to meet and interact with one another for their
transactions. VI Cart is not and cannot be a party to or control in any manner
any transaction between the Platform's Users.
Henceforward:
1.
All commercial/contractual terms are offered by and agreed to between
Buyers and Sellers alone. The commercial/contractual terms include without
limitation price, shipping costs, payment methods, payment terms, date, period
and mode of delivery, warranties related to products and services and after
sales services related to products and services. VI Cart does not have any
control or does not determine or advise or in any way involve itself in the
offering or acceptance of such commercial/contractual terms between the Buyers
and Sellers. All discounts, offers (including exchange offers) are by the
Seller/Brand and not by VI Cart.
2.
Placement of order by a Buyer with Seller on the Platform is an offer to
buy the product(s) in the order by the Buyer to the Seller and it shall not be
construed as Seller's acceptance of Buyer's offer to buy the product(s)
ordered. The Seller retains the right to cancel any such order placed by the
Buyer, at its sole discretion and the Buyer shall be intimated of the same by
way of an email/SMS. Any transaction price paid by Buyer in case of such
cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may
cancel an order wherein the quantities exceed the typical individual
consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity that exceeds the typical individual
consumption. What comprises a typical individual's consumption quantity limit
shall be based on various factors and at the sole discretion of the Seller and
may vary from individual to individual.
3.
VI Cart does not make any representation or Warranty as to specifics
(such as quality, value, salability, etc) of the products or services proposed
to be sold or offered to be sold or purchased on the Platform. VI Cart does not
implicitly or explicitly support or endorse the sale or purchase of any
products or services on the Platform. VI Cart accepts no liability for any
errors or omissions, whether on behalf of itself or third parties.
4.
VI Cart is not responsible for any non-performance or breach of any
contract entered into between Buyers and Sellers. VI Cart cannot and does not
guarantee that the concerned Buyers and/or Sellers will perform any transaction
concluded on the Platform. VI Cart shall not and is not required to mediate or
resolve any dispute or disagreement between Buyers and Sellers.
5.
VI Cart does not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity, etc) of any of
its Users. You are advised to independently verify the bona fides of any
particular User that You choose to deal with on the Platform and use Your best judgment
in that behalf.
6.
VI Cart does not at any point of time during any transaction between
Buyer and Seller on the Platform come into or take possession of any of the
products or services offered by Seller nor does it at any point gain title to
or have any rights or claims over the products or services offered by Seller to
Buyer.
7.
At no time shall VI Cart hold any right, title or interest over the
products nor shall VI Cart have any obligations or liabilities in respect of
such contract entered into between Buyers and Sellers. VI Cart is not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
8.
The Platform is only a platform that can be utilized by Users to reach a
larger base to buy and sell products or services. VI Cart 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
Seller and the Buyer.
At no time shall VI
Cart hold any right, title or interest over the products nor shall VI Cart have
any obligations or liabilities in respect of such contract.
VI Cart is not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
Select products
offered by sellers may be eligible for business purchases on the Platform.
1. Upon Your purchase
of product(s) eligible for business purchases, You may be able to avail the
benefits of GST input tax credit. Accordingly, at your request, an invoice
containing the GSTIN as provided by You ("Tax Invoice") shall be
issued to You by the Seller(s) selling such products.
o GST invoice will
have, inter alia, the following details printed on it: -GSTIN associated with
your registered business, as provided by you
o Entity name of your
registered business, as provided by you
o Not all products
are eligible for business purchases on the Platform and the same is solely at
the discretion of the Sellers. You will be able to view the eligibility of Tax
Invoice on the product page on the Platform.
o Purchases on the
Platform must only be for end consumption. Users must not use products
purchased on the Platform for any commercial, promotional, resale or further
distribution purposes.
o For seamless
availment of input tax credit, kindly mention the delivery address as the
address which is mentioned as the registered place of business as per the
records of GST authority. Please note that availment of input tax credit is
subject to provisions of GST Act and rules.
o The delivery and
billing addresses will be required to be the same, please note that input tax
credit will be denied by GST authority if the delivery address and GSTIN in the
GST invoice are of different states.
o If GSTIN and/or
business entity details are not provided by You, it will be presumed that it is
a personal purchase and not a business purchase.
o VI Cart is not
responsible to verify the correctness of the GSTIN and/or entity name provided
by You and You shall be entirely responsible to provide the accurate details.
o VI Cart and Seller
shall not entertain any request for any revision in the GST Invoice. VI Cart
and Seller shall not be liable for Your default including for reasons
associated with details provided by You.
o VI Cart will not be
liable in case You are not able to avail input tax credit or if input tax
credit is denied to You for any reason whatsoever.
o You shall be solely
liable for all compliances required under applicable laws.
o You agree to
indemnify and hold VI Cart and Seller harmless from all losses, claims, costs,
expenses, suits, proceedings, or any other liability including any third-party
claims (including any penalties imposed by governmental authorities) arising
out of or in connection with (1) the GSTIN and/or entity name provided by you
or the input tax credit claimed by you or your use or misuse of the GST Invoice
and (2) your non-compliance with the applicable laws or (3) your use or misuse of
any third-party’s details including GSTIN.
o VI Cart has the
right to not allow business purchases on the Platform to You if a fraudulent
activity is identified.
o Seller reserves the
right to not issue Tax Invoice or issue a credit note against an already issued
Tax Invoice to cancel the transaction, if any fraudulent activity is
identified.
2. You shall
independently agree upon the manner and terms and conditions of delivery,
payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing
on any product(s) as is reflected on the Platform may due to some technical
issue, typographical error or product information published by seller may be
incorrectly reflected and in such an event seller may cancel such your
order(s).
1.
You release and indemnify VI Cart 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 the Platform and specifically waive any claims that
you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts in that behalf, VI Cart cannot take responsibility or
control the information provided by other Users which is made available on the
Platform. You may find other User's information to be offensive, harmful,
inconsistent, inaccurate, or deceptive. Please use caution and practice safe
trading when using the Platform.
Please note that
there could be risks in dealing with underage persons or people acting under
false pretence.
Charges
Membership on the
Platform is free for buyers. VI Cart does not charge any fee for browsing and
buying on the Platform. VI Cart reserves the right to change its Fee Policy
from time to time. In particular, VI Cart may at its sole discretion introduce
new services and modify some or all of the existing services offered on the
Platform. In such an event VI Cart reserves the right to introduce fees for the
new services offered or amend/introduce fees for existing services, as the case
may be. Changes to the Fee Policy shall be posted on the Platform and such
changes shall automatically become effective immediately after they are posted
on the Platform. Unless otherwise stated, all fees shall be quoted in Indian
Rupees. You shall be solely responsible for compliance of all applicable laws
including those in India for making payments to VI Cart Internet Private
Limited.
Use of the Platform
You agree,
undertake and confirm that Your use of Platform shall be strictly governed by
the following binding principles:
1.
You shall not host, display, upload, modify, publish, transmit, update
or share any information which:
(a) belongs to
another person and to which You does not have any right to;
(b) is grossly
harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, 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;
(c) is misleading
in any way;
(d) 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;
(e) harasses or
advocates harassment of another person;
(f) involves the
transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
(g) promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libellous;
(h) 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];
(i) 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;
(j) contains
restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page);
(k) provides
material that exploits people in a sexual, violent or otherwise inappropriate
manner or solicits personal information from anyone;
(l) provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
(m) contains video,
photographs, or images of another person (with a minor or an adult).
(n) 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;
(o) 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 "virtual" products related to the Platform. Throughout
this Terms of Use, VI Cart 's prior written consent means a communication
coming from VI Cart 's Legal Department, specifically in response to Your
request, and specifically addressing the activity or conduct for which You seek
authorization;
(p) solicits
gambling or engages in any gambling activity which We, in Our sole discretion,
believes is or could be construed as being illegal;
(q) interferes with
another USER's use and enjoyment of the Platform or any other individual's User
and enjoyment of similar services;
(r) refers to any
Platform or URL that, in Our sole discretion, contains material that is
inappropriate for the Platform or any other Platform, contains content that
would be prohibited or violates the letter or spirit of these Terms of Use.
(s) harm minors in
any way;
(t) 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 products;
(u) violates any
law for the time being in force;
(v) deceives or
misleads the addressee/ users about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
(w) impersonate
another person;
(x) 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;
(y) 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.
(z) shall not be
false, inaccurate or misleading;
(aa) 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.
(ab) shall not
create liability for Us or cause Us to lose (in whole or in part) the services
of Our internet service provider ("ISPs") or other suppliers;
1.
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 bar any such activity.
2.
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.
3.
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 customer, 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.
4.
You shall not make any negative, denigrating or defamatory statement(s)
or comment(s) about Us or the brand name or domain name used by Us including
the terms VI Cart, VI Cart.com, or otherwise engage in any conduct or action
that might tarnish the image or reputation, of VI Cart or sellers on platform
or otherwise tarnish or dilute any VI Cart 's trade or service marks, trade
name and/or goodwill associated with such trade or service marks, trade name as
may be owned or used by us. You agree that You will not take any action that
imposes an unreasonable or disproportionately large load on the infrastructure
of the Platform or VI Cart 's systems or networks, or any systems or networks
connected to VI Cart.
5.
You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Platform or any transaction
being conducted on the Platform, or with any other person's use of the
Platform.
6.
You may not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any message or transmittal You send to Us on or
through the Platform or any service offered on or through the Platform. You may
not pretend that You are, or that You represent, someone else, or impersonate
any other individual or entity.
7.
You may not use the Platform or any content for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the performance of
any illegal activity or other activity which infringes the rights of VI Cart
and / or others.
8.
You shall at all times ensure full compliance with the applicable
provisions of the Information Technology Act, 2000 and rules thereunder as
applicable and as amended from time to time and also all applicable Domestic
laws, rules and regulations (including the provisions of any applicable
Exchange Control Laws or Regulations in Force) and International Laws, Foreign
Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited
to Sales Tax/VAT, Income Tax, Octroi, Service 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.
9.
Solely to enable Us to use the information You supply Us with, so that
we are not violating any rights You might have in Your Information, 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 the Terms of Use and
Privacy Policy applicable to use of the Platform.
10. 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 accurate in all respects. You shall not exaggerate or
over emphasize the attributes of such products or services so as to mislead
other Users in any manner.
11. 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 these Terms of Use
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. In order to
protect Our Users from such advertising or solicitation, We reserve the right
to restrict the number of messages or emails which a user may send to other
Users in any 24-hour period which We deems appropriate in its sole discretion.
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 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 has no obligation, to monitor the materials posted on the Platform. Vi
Cart 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 of Use. 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 necessarily reflect Vi Cart views. In no event shall Vi Cart 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 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 other rights of
third parties or contain any libellous, tortious, or otherwise unlawful
information.
1.
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.
2.
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 also is 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 does 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.
3.
Vi Cart shall have all the rights to take necessary action and claim
damages that may occur due to your involvement/participation in any way on your
own or through group/s of people, intentionally or unintentionally in DoS/DDoS
(Distributed Denial of Services).
4.
If you choose to browse or transact on the Platform using the voice
command-based shopping
feature, you acknowledge that Vi Cart and/or its affiliates will collect, store
and use your voice inputs on this feature to customize your experience and
provide additional functionality as well as to improve Vi Cart’s and/or its
affiliates’ products and services. Vi Cart’s and/or its affiliates’ use of your
voice data will be in accordance with the Vi Cart Privacy Policy. You accept
that your use of this feature is restricted to the territory of the Republic of
India. This feature may not be accessible on certain devices and requires an
internet connection. Vi Cart reserves the right to change, enhance, suspend, or
discontinue this feature, or any part of it, at any time without notice to you.
Your continued use of this feature constitutes your acceptance of the terms
related to this feature.
5. You acknowledge and
agree that the Hindi, Telegu, Tamil and Kannada translation features are made
available on the Platform on a reasonable effort basis for convenience only,
without any representation or warranties by Vi Cart, express or implied,
including the translations being error free, their accuracy, completeness or
reliability. Under the translation feature, You will have the option to adding
delivery addresses in the language selected by You out of the featured
languages. Such delivery addresses shall be transliterated in English language
for processing, handling and fulfilling Your orders on the Platform. Vi Cart
expressly disclaims any liability of any nature whatsoever arising from or
related to the said translation/transliteration features on the Platform. Some
features and sections on the Platform may not be translated in the language
selected by You [Hindi, Telegu, Tamil or Kannada language, as applicable], and
the English version of the same will be the definitive version. In the event of
any conflict or inconsistency between the translated terms and the English
version available on the Platform, the English version on the Platform shall
prevail. This feature may not be accessible on certain devices. Vi Cart
reserves the right to change, enhance, suspend, or discontinue this feature, or
any part of it, at any time without notice to You.
Contents Posted on Platform
All text, graphics,
user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music and artwork (collectively, "Content"), is a third party user
generated content and Vi Cart has no control over such third party user
generated content as Vi Cart is merely an intermediary for the purposes of this
Terms of Use.
Except as expressly
provided in these Terms of Use, no part of the Platform and no Content may be
copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including
"mirroring") to any other computer, server, Platform or other medium
for publication or distribution or for any commercial enterprise, without Vi
Cart 's express prior written consent.
You may use information
on the products and services purposely made available on the Platform for
downloading, provided that You (1) do not remove any proprietary notice
language in all copies of such documents, (2) use such information only for
your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) do not make any
additional representations or warranties relating to such documents.
You shall be
responsible for any notes, messages, emails, reviews, ratings, billboard
postings, photos, drawings, profiles, opinions, ideas, images, videos, audio
files or other materials or information posted or transmitted to the Platform
(collectively, "Content"). Such Content will become Our property and
You grant Us the worldwide, perpetual and transferable rights in such Content.
We shall be entitled to, consistent with Our Privacy Policy as adopted in
accordance with applicable law, use the Content or any of its elements for any
type of use forever, including but not limited to promotional and advertising
purposes and in any media whether now known or hereafter devised, including the
creation of derivative works that may include the Content You provide. You
agree that any Content You post may be used by us, consistent with Our Privacy
Policy and Rules of Conduct on Site as mentioned herein, and You are not
entitled to any payment or other compensation for such use.
SOME CONTENT
OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE
VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY
NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS
ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS
TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We view protection
of Your privacy as a very important principle. We understand clearly that You
and Your Personal Information is one of Our most important assets. We store and
process Your Information including any sensitive financial information
collected (as defined under the Information Technology Act, 2000), if any, on
computers that may be protected by physical as well as reasonable technological
security measures and procedures in accordance with Information Technology Act
2000 and Rules there under.Our current Privacy Policy is available at Privacy.
Our current Privacy Policy is available at Privacy. f You object to Your
Information being transferred or used in this way please do not use Platform.
If You object to Your Information being transferred or used in this way please
do not use Platform.
We may share
personal information with our other corporate entities and affiliates. These
entities and affiliatesmay market to you as a result of such sharing unless you
explicitly opt-out.
We may disclose
personal information to third parties. This disclosure may be required for us
to provide youaccess to our Services, to comply with our legal obligations, to
enforce our User Agreement, to facilitate our marketing and advertising
activities, or to prevent, detect, mitigate, and investigate fraudulent or
illegal activities related to our Services. We do not disclose your personal
information to third parties for their marketing and advertising purposes
without your explicit consent.
We may disclose
personal information if required to do so by law or in the good faith belief
that such disclosure is reasonably necessary to respond to subpoenas, court
orders, or other legal process. We may disclose personal information to law
enforcement offices, third party rights owners, or others in the good faith
belief that such disclosure is reasonably necessary to: enforce our Terms or
Privacy Policy; respond to claims that an advertisement, posting or other
content violates the rights of a third party; or protect the rights, property
or personal safety of our users or the general public.
We and our
affiliates will share / sell some or all of your personal information with
another business entity should we (or our assets) plan to merge with, or be
acquired by that business entity, or re-organization, amalgamation,
restructuring of business. Should such a transaction occur that other business
entity (or the new combined entity) will be required to follow this privacy
policy with respect to your personal information.
Disclaimer of Warranties and Liability
This Platform, all
the materials and products (including but not limited to software) and
services, included on or otherwise made available to You through this site are
provided on "as is" and "as available" basis without any
representation or warranties, express or implied except otherwise specified in
writing. Without prejudice to the forgoing paragraph, Vi Cart does not warrant
that:
This Platform will
be constantly available, or available at all; or
The information on
this Platform is complete, true, accurate or non-misleading.
Vi Cart will not be
liable to You in any way or in relation to the Contents of, or use of, or
otherwise in connection with, the Platform. Vi Cart does not warrant that this
site; information, Content, materials, product (including software) or services
included on or otherwise made available to You through the Platform; their
servers; or electronic communication sent from Us are free of viruses or other
harmful components.
Nothing on Platform
constitutes, or is meant to constitute, advice of any kind. All the Products
sold on Platform are governed by different state laws and if Seller is unable
to deliver such Products due to implications of different state laws, Seller
will return or will give credit for the amount (if any) received in advance by
Seller from the sale of such Product that could not be delivered to You.
You will be
required to enter a valid phone number while placing an order on the Platform.
By registering Your phone number with us, You consent to be contacted by Us via
phone calls, SMS notifications, mobile applications and/or any other electronic
mode of communication in case of any order or shipment or delivery related
updates. We will not use your personal information to initiate any promotional
phone calls or SMS.
Selling
As a registered
seller, you are allowed to list item(s) for sale on the Platform in accordance
with the Policies which are incorporated by way of reference in this Terms of
Use. You must be legally able to sell the item(s) you list for sale on our
Platform. You must ensure that the listed items do not infringe upon the
intellectual property, trade secret or other proprietary rights or rights of
publicity or privacy rights of third parties. Listings may only include text
descriptions, graphics and pictures that describe your item for sale. All
listed items must be listed in an appropriate category on the Platform. All
listed items must be kept in stock for successful fulfilment of sales.
The listing
description of the item must not be misleading and must describe actual
condition of the product. If the item description does not match the actual
condition of the item, you agree to refund any amounts that you may have
received from the Buyer. You agree not to list a single product in multiple
quantities across various categories on the Platform. Vi Cart reserves the
right to delete such multiple listings of the same product listed by you in various
categories.
Services
Payment
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:
1.
Lack of authorization for any transaction/s, or
2.
Exceeding the preset limit mutually agreed by You and between
"Bank/s", or
3.
Any payment issues arising out of the transaction, or
4.
Decline of transaction for any other reason/s
All payments made
against the purchases/services on Platform by you shall be compulsorily in
Indian Rupees acceptable in the Republic of India. Platform will not facilitate
transaction with respect to any other form of currency with respect to the
purchases made on Platform.
Before shipping /
delivering your order to you, Seller may request you to provide supporting
documents (including but not limited to Govt. issued ID and address proof) to
establish the ownership of the payment instrument used by you for your
purchase. This is done in the interest of providing a safe online shopping
environment to Our Users.
Further:
1.
Transactions, Transaction Price and all commercial terms such as
Delivery, Dispatch of products and/or services are as per principal to
principal bipartite contractual obligations between Buyer and Seller and
payment facility is merely used by the Buyer and Seller to facilitate the
completion of the Transaction. Use of the payment facility shall not render Vi
Cart liable or responsible for the non-delivery, non-receipt, non-payment,
damage, breach of representations and warranties, non-provision of after sales
or warranty services or fraud as regards the products and /or services listed
on Vi Cart 's Platform.
2.
You have specifically authorized Vi Cart or its service providers to collect,
process, facilitate and remit payments and / or the Transaction Price
electronically or through Cash on Delivery to and from other Users in respect
of transactions through Payment Facility. Your relationship with Vi Cart is on
a principal to principal basis and by accepting these Terms of Use you agree
that Vi Cart is an independent contractor for all purposes, and does not have
control of or liability for the products or services that are listed on Vi Cart
's Platform that are paid for by using the Payment Facility. Vi Cart does not
guarantee the identity of any User nor does it ensure that a Buyer or a Seller
will complete a transaction.
3.
You understand, accept and agree that the payment facility provided by Vi
Cart 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 Vi Cart Platform using the existing authorized banking
infrastructure and Credit Card payment gateway networks. Further, by providing
Payment Facility, Vi Cart is neither acting as trustees nor acting in a
fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for
Buyers:
1.
You, as a Buyer, understand that upon initiating a Transaction You are
entering into a legally binding and enforceable contract with the Seller to
purchase the products and /or services from the Seller using the Payment
Facility, and You shall pay the Transaction Price through Your Issuing Bank to
the Seller using Payment Facility.
2.
You, as a Buyer, may agree with the Seller through electronic
communication and electronic records and using the automated features as may be
provided by Payment Facility on any extension / increase in the Dispatch and/or
Delivery time and the Transaction shall stand amended to such extent. Any such
extension / increase of Dispatch / Delivery time or subsequent novation /
variation of the Transaction should be in compliance with Payment Facility
Rules and Policies.
3.
You, as a Buyer, shall electronically notify Payment Facility using the
appropriate Vi Cart Platform features immediately upon Delivery or non Delivery
within the time period as provided in Policies. Non notification by You of
Delivery or non Delivery within the time period specified in the Policies shall
be construed as a deemed Delivery in respect of that Transaction. In case of
Cash On Delivery transactions, Buyer is not required to confirm the receipt of
products or services.
4.
You, as a Buyer, shall be entitled to claim a refund of the Transaction
Price (as Your sole and exclusive remedy) in case You do not receive the
Delivery within the time period agreed in the Transaction or within the time
period as provided in the Policies, whichever is earlier. In case you do not
raise a refund claim using Platform features within the stipulated time than
this would make You ineligible for a refund.
5.
You, as a Buyer, understand that the Payment Facility may not be available
in full or in part for certain category of products and/or services and/or
Transactions as mentioned in the Policies and hence You may not be entitled to
a refund in respect of the Transactions for those products and /or services
6.
Except for Cash On Delivery transaction, refund, if any, shall be made
at the same Issuing Bank from where Transaction Price was received, or through
any other method available on the Platform, as chosen by You.
7.
For Cash On Delivery transactions, refunds, if any, will be made via
electronic payment transfers.
8.
Refund shall be made in Indian Rupees only and shall be equivalent to
the Transaction Price received in Indian Rupees.
9.
For electronics payments, refund shall be made through payment facility
using NEFT / RTGS or any other online banking / electronic funds transfer
system approved by Reserve Bank India (RBI).
10. 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 us
for processing the refund.
11. Refund shall be
conditional and shall be with recourse available to Vi Cart in case of any
misuse by Buyer.
12. We may also request
you for additional documents for verification.
13. Refund shall be
subject to Buyer complying with Policies.
14. Vi Cart reserves
the right to impose limits on the number of Transactions or Transaction Price
which Vi Cart may receive from on 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.
15. Vi Cart reserves
the right to refuse to process Transactions by Buyers with a prior history of
questionable charges including without limitation breach of any agreements by
Buyer with Vi Cart or breach/violation of any law or any charges imposed by
Issuing Bank or breach of any policy.
16. Vi Cart may do such
checks as it deems fit before approving the receipt of/Buyers commitment to pay
(for Cash On Delivery transactions) Transaction Price from the Buyer for
security or other reasons at the discretion of Vi Cart. As a result of such
check if Vi Cart is not satisfied with the creditability of the Buyer or
genuineness of the Transaction or other reasons at its sole discretion, Vi Cart
shall have the right to reject the receipt of / Buyers commitment to pay
Transaction Price. For avoidance of doubt, it is hereby clarified that the
‘Cash on Delivery’ feature for payment, may be disabled for certain account
users, at the sole discretion of Vi Cart.
17. Vi Cart may delay
notifying the payment confirmation i.e. informing Seller to Dispatch, if Vi
Cart deems suspicious or for Buyers conducting high transaction volumes to
ensure safety of the Transaction and Transaction Price. In addition, Vi Cart
may hold Transaction Price and Vi Cart may not inform Seller to Dispatch or
remit Transaction Price to law enforcement officials (instead of refunding the
same to Buyer) at the request of law enforcement officials or in the event the
Buyer is engaged in any form of illegal activity.
18. The Buyer and
Seller acknowledge that Vi Cart 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 Vi Cart.
Compliance with
Laws:
1.
As required by applicable law, if the Customer makes a purchase of an
amount equal to or above INR 2 00 000.00, the Customer will be required to
upload a scanned copy of his/her PAN card on the Platform, within 4 days of
making the purchase, failing which, the purchase made by the Customer will be
cancelled. The requirement to submit the PAN card arises only once and if it
has been submitted once by the Customer, it need not be submitted again. The
order of the Customer shall stand cancelled if there is a discrepancy between
the name of the Customer and the name on the PAN Card.
2.
Buyer and Seller shall comply with all the applicable laws (including
without limitation Foreign Exchange Management Act, 1999 and the rules made and
notifications issued there under 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 Payment Facility
and Vi Cart Platform.
Buyer's arrangement
with Issuing Bank:
1.
All Valid Credit / Debit/ Cash Card/ and other payment instruments are
processed using a Credit Card 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.
2.
All Online Bank Transfers from Valid Bank Accounts are processed using
the gateway provided by the respective Issuing Bank which support Payment
Facility to provide these services to the Users. All such Online Bank Transfers
on Payment Facility are also governed by the terms and conditions agreed to
between Buyer and the respective Issuing Bank.
Vi Cart 's Replacement Guarantee*
Vi Cart 's
Replacement Guarantee seeks to assist Buyers who have been defrauded by
qualified sellers on the Platform. The return policy period (Vi Cart 's
Replacement Guarantee) depends on the product category and the seller. Kindly
click here to know the return policy period applicable for different
categories. If at the time of delivery and/or within the applicable return
policy period, if any defect is found, then the buyer of the product/s can ask
for replacement of the product/s from the seller subject to the following terms
and conditions
1.
Notify seller of any defects in the product/s at the time of delivery of
the product/s and/or within the applicable return policy period and the same product/s
will be replaced in return of the defective product/s.
2.
Replacement can be for the entire product/s or part/s of the product
subject to availability of the same with the seller.
Following products
shall not be eligible for return or replacement:
a. Damages due to
misuse of product;
b. Incidental
damage due to malfunctioning of product;
c. Any consumable
item which has been used/installed;
d. Products with
tampered or missing serial/UPC numbers;
e. Digital
products/services (Flyte music downloads)
f. Any
damage/defect which are not covered under the manufacturer's warranty
g. Any product that
is returned without all original packaging and accessories, including the box,
manufacturer's packaging if any, and all other items originally included with
the product/s delivered;
h. Jewellery which
is 'made to order' on customer's request
On Clothing and
Footwear, qualified sellers accept 30 day exchange subject to the following
conditions:
Clothes and
footwear are not used (other than for trial), altered, washed, soiled or
damaged in any way.
Original tags and
packaging should be intact. For items that come in branded packaging, the box
should be undamaged.
Returns are not
applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing
freebies, etc.
Damaged or
defective or 'Not as described' products in Lifestyle category (includes
clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement
Guarantee. Kindly click here to know the return policy period (Replacement
Guarantee) applicable for different categories.
If Vi Cart has any
suspicion or knowledge that any of its buyers and sellers are involved in any
activity that is intended to provide claims or information that is false or not
genuine, Vi Cart may also, while reserving its rights to initiate civil and/or
criminal proceedings against such member buyers and sellers, at its sole
discretion, suspend, block, restrict, cancel the Display Name of such buyers
and sellers and/or disqualify that user and any related users from availing
protection through this program. Customers who have been blocked for any
suspicious or fraudulent activity on Vi Cart will not be allowed to return
their products.
Vi Cart reserves
its right to initiate civil and/or criminal proceedings against a user who,
files a invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, Vi
Cart may at its sole discretion suspend, block, restrict, cancel the Display
Name [and its related Display Names] of such user and/or disqualify that user
and any related users from availing protection through this program. Any person
who, knowingly and with intent to injure, defraud or deceive, files a
Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest
extent of the law.
Exchange Offers:
By participating in
the exchange I confirm that I am the sole and absolute owner and/or user of the
product mentioned above (device).
I confirm that
device which I am exchanging under the buyback program is genuine and is not
counterfeit, free from any and all encumbrances, liens, attachments, disputes,
legal flaws, exchange or any Agreement of Sale etc. and I have got the clear
ownership of the said device.
You agree to
indemnity and keep indemnifying Vi Cart.com and any future buyer of the device
against all or any third party claims, demand, cost, expenses including
attorney fees which may be suffered, incurred, undergone and / or sustained by Vi
Cart.com, its affiliates or any future buyer due to usage of the device by you
till date and you undertake to make good the same.
I confirm that all
the data in the said device will be erased before handing it over under buy
back program. I also confirm that in spite of erasing the data
manually/electronically, if any data still accessible due any technical reason,
Vi Cart.com, Seller or the Manufacturer shall not be responsible for the same
and I will not approach Vi Cart.com for any retrieval of the data.
I hereby give my
consent that my personal information that I have provided in connection with
this buyback program might be processed, transferred and retained by the
retailer and other entities involved in managing the program for the purposes
of validating the information that I provided herein and for the administration
of the program.
I agree to
indemnity and keep indemnifying the Vi Cart.com and any future buyer of the old
device against all or any third party claims, demand, cost, expenses including
attorney fees which may be suffered, incurred, undergone and / or sustained by Vi
Cart.com, its affiliates or any future buyer due to usage of the device by me
till date and I undertake to make good the same.
I understand once a
device is sent by me to Vi Cart, in no scenario can this device be returned
back to me.
I understand that
the new device delivery and the old device pickup will happen simultaneously
(hand in hand) and I shall keep the old device ready to be given for exchange.
Products
distributed as gifts from state sponsored or NGO funded distribution programs
are not accepted for exchange under exchange offers.
Digital Content: Music
Music (MP3 format):
Only certain short listed Seller (at the sole discretion of Vi Cart) shall be
entitled to sell Music (MP3 format) on the Platform. You may be able to
purchase DRM-free digital music in MP3 file format on the Platform from the
respective Sellers. Such MP3 music files shall be provided to You as per
selection provided by Seller, subject to certain limitations as described by
the Seller. You shall be granted specified download rights of DRM-free MP3
music files from the catalogue of MP3 music displayed on the Platform. The MP3
music may include full-length MP3 audio tracks at best available bit rate and
certain other premium features, as may be provided on the Platform by
respective Sellers from time to time.
Territory:
Currently You can purchase downloadable digital MP3 music only through the
Platform and Flyte Music Application as may be made available from time to time
on the Platform, only within the territory of India.
Rights Granted:
Music download right is a non-exclusive, non-transferable right to use for your
personal, non-commercial, entertainment use, subject to and in accordance with
the Terms of Use. You may copy, store, transfer and burn the MP3 music file
only for your personal, non-commercial, entertainment use, subject to and in
accordance with the Terms of Use. You represent, warrant and agree that You will
use the MP3 music file only for your personal, non-commercial, entertainment
use and not for any redistribution of the same or other use restricted in this
Section. You agree not to infringe the rights of the copyright owners and to
comply with all applicable laws in your use of the MP3 music file. You agree
that You will not redistribute, transmit, assign, sell, broadcast, rent, share,
lend, modify, adapt, edit, license or otherwise transfer or use MP3 music file.
You are not granted any synchronization, public performance, promotional use,
commercial sale, resale, reproduction or distribution rights for MP3 music
file. You acknowledge that the MP3 music file embodies the intellectual
property of a third party and is protected by law.
Explicit Consent:
You agree that we shall have no liability to You for MP3 music file downloaded
by You on the Platform if You find the same to be offensive, indecent or
objectionable and expressions through the audio files are not subscribed by us.
Cash on Delivery as
a mode of payment is not available for purchasing MP3 music on the Platform
currently.
All Sales Final;
Downloading and Risk of Loss; Availability of MP3 music files: All sales of MP3
music files are final. Returns of MP3 music files are not permissible on Platform.
Once You have purchased MP3 music files, Vi Cart encourages You to download it
promptly. If You are unable to complete a download, please contact customer
service within 6 hours of the payment.
Further Vi Cart
assumes no liability if your media player does not support the file format made
available by the Seller on the Platform or your browser does not support the
music download application / software available by the Seller on the Platform,
by whatever name called.
You bear all risk
of loss after purchase and for any loss of MP3 music files You have downloaded,
including any loss due to a computer or hard drive crash.
Seller may, from
time to time, at its sole discretion, remove MP3 music files from the Service
without notice.
Intellectual
Property Rights: It is hereby specifically recorded that the copyright and
other Intellectual Property in the music available on the Platform is the sole
and exclusive property of third parties. Seller represents and warrants that
Sellers are authorized by such third parties to upload the music on the
Platform for license of use to the end customers. Intellectual Property Rights
for the purpose of this Terms of Use shall always mean and include copyrights
whether registered or not, patents including rights of filing patents,
trademarks, trade names, trade dresses, house marks, collective marks,
associate marks and the right to register them, designs both industrial and
layout, geographical indicators, moral rights, broadcasting rights, displaying
rights, distribution rights, selling rights, abridged rights, translating
rights, reproducing rights, performing rights, communicating rights, adapting
rights, circulating rights, protected rights, joint rights, reciprocating
rights, infringement rights. All those Intellectual Property rights arising as
a result of domain names, internet or any other right available under
applicable law shall vest in the domain of Vi Cart as the owner of such domain
name. The Parties hereto agree and confirm that no part of any Intellectual Property
rights mentioned hereinabove is transferred in the name of User and any
intellectual property rights arising as a result of these presents shall also
be in the absolute ownership, possession and Our control or control of its
licensors, as the case may be.
Your request to
download a MP3 music file is personal to You, and the track may not be used,
sold, rented, transferred, licensed or otherwise provided to any other User.
The license to downloaded tracks includes only those rights explicitly stated herein
(typically, the right to play back for your own personal use from your personal
computer, CD player, digital player, or other personal consumer electronic
device), and, for the avoidance of doubt, does not include the right to create
a derivative work, to make copies other than for your own personal use, or to
use the track in any commercial manner. You shall promptly notify Us in writing
upon your discovery of any unauthorized use or infringement.
Software: Seller
may make available to You, from time to time, software for Your use in
connection with the download of MP3 music files (any and all such software,
individually and collectively, the "Software").
You may use the
Software only in connection with the download of MP3 music files on the
Platform. You may not separate any individual component of the Software for use
other than in connection to the download, may not incorporate any portion of it
into Your own programs or compile any portion of it in combination with your
own programs, may not transfer it for use with another service, or use it, or
any portion of it, over a network and may not sell, rent, lease, lend, loan,
distribute or sub-license the Software or otherwise assign any rights to the
Software in whole or in part. Seller may discontinue some or all of any
Software Seller provide, and Seller may terminate your right to use any
Software at any time and in such event may modify it to make it inoperable.
Without limiting
the Disclaimer of Warranties and Limitation of Liability in this terms of use,
(i) in no event shall Our or software licensors' total liability to You for all
damages arising out of or related to your use or inability to use the Software
and / or download manager or any other application exceed the amount of ₹20;
and (ii) in no event shall Our or Our Digital Content providers' total
liability to You for all damages arising from your use of the Service, the
Digital Content, or information, materials or products included on or otherwise
made available to You through the Service (excluding the Software), exceed the
amount You paid to purchase, on the Service, the Digital Content related to
Your claim for damages.
Digital Content: eBooks
ebook (ePub
format): You will be able to purchase DRM-encrypted eBooks in ePub file format
on the Vi Cart Platform and the Flyte eBooks application. Such ePub files shall
be provided to you as per your selection, subject to certain limitations as
described herein. You shall be granted specified download rights of
DRM-encrypted ePub files from the catalog of eBooks displayed on the Platform.
Download rights:
You will need to be registered with Vi Cart to make an ebook purchase. The
eBooks which you purchase from the Vi Cart Platform or Flyte eBooks application
shall be added in your Vi Cart eBooks library from where you can download the
eBooks onto your device(/s). Each downloaded ebook is locked to the User
account and the downloader device. These downloaded eBooks cannot be
transferred onto other devices. Each device used by you will have to be synced
with your online eBooks library. You can sync a maximum of six(6) devices
against your user account. You can download the eBooks to your mobile or tablet
devices for offline reading and can read the eBooks using the Flyte eBooks
Application only.
Flyte eBooks
application: Flyte eBooks application will enable you to read the digital books
purchased from the Flyte eBooks store, on your mobile or tablet devices. The
app also has an in-app Flyte eBooks store where the user can quickly purchase
eBooks. The Flyte eBooks app will be available in the Android platform. The
Android app will be compatible with both mobiles and tablet devices. You can
download the Flyte eBooks android app for free from the Vi Cart Platform and
also Google Play.
Territory: Currently
you can purchase downloadable eBooks only through the Platform and Flyte eBooks
Application as may be made available from time to time on the Platform, only
within the territory of India. You have to be within the Indian Territory to
even download the already purchased files from your Vi Cart eBooks library.
DRM Specifications:
The DRM (Digital Rights Management) enables us to restrict certain permissions.
The Flyte DRM specifications restrict the following permissions:
Default Restrictions |
Vi Cart Settings |
Printing |
Not Allowed |
Copying |
Not Allowed |
Side-Loading
(from one device to other) |
Not Allowed |
e-mailing |
Not Allowed |
Saving Images |
Not Allowed |
Read out aloud |
Not Allowed |
Number of
distinct devices for file downloading |
Allowed (Six) |
Social media
sharing |
140 word |
Rights Granted:
Upon your payment of our fees for ebook, we grant you a non-exclusive,
non-transferable right to use the downloaded ebook for your personal,
non-commercial, entertainment use, subject to and in accordance with the Terms
of Use. You may store the ebook only for your personal, non-commercial,
entertainment use, subject to and in accordance with the Terms of Use.
You represent,
warrant and agree that you will use the ebook only for your personal,
non-commercial, entertainment use and not for any redistribution of the same or
other use restricted in this Section. You agree not to infringe the rights of
the copyright owners and to comply with all applicable laws in your use of the
ebook. You agree that you will not redistribute, transmit, assign, sell,
broadcast, rent, share, lend, modify, adapt, edit, license or otherwise
transfer or use ebook.
You are not granted
any synchronization, public performance, promotional use, commercial sale,
resale, reproduction or distribution rights for ebook. You acknowledge that the
ebook embodies the intellectual property of a third party and is protected by
law.
Explicit Consent:
You agree that we shall have no liability to you for ebook downloaded by You on
the Platform or Flyte Apps if you find the same to be offensive, indecent or
objectionable.
Payment: The Price
List for each downloadable ebook displayed on the Platform represents the full
retail price (inclusive of all taxes unless specified otherwise) for said
downloadable ebook. You shall pay for such downloadable ebook using one of the
payment options available on the Platform.
The Price List
mentions the prices of each downloadable ebook and the User shall pay in Indian
Currency (i.e. Indian Rupee). We reserve our right to change the prices of the
ebook and services and the availability of the same at our sole discretion.
Vi Cart will allow
the user to buy ebook using the following forms of payments.
--> Credit Cards
--> Internet
Banking
--> Debit Cards
--> Vi Cart
Wallet
--> any other
mode of payment, as may be decided and made available on the Platform.
Please note that
payment can be made only in India Rupees and all the above payment instruments
must have been issued by entities operating in India and subject to Indian
regulations.
Cash on Delivery as
a mode of payment is not available for purchasing ebook on the Platform
currently.
Payment made by
credit card or any other mode as mentioned above should be received by us on
time. If for any reason we do not receive payment from the credit card issuer
or any agent involved in any of the above payment modes, You agree that you
shall pay all amounts due upon demand by us.
All Sales Final;
Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are
final. We do not accept returns of eBooks. Once you have purchased eBooks, we
encourage you to download it promptly. If you are unable to complete a
download, please contact customer service within 30 days of the payment. The
ebook will be removed from your library and the amount that was charged during
the payment will be refunded in the form of store credit. The eBooks will also
be replaced in cases of genuine technical errors as mentioned in the
replacement policy.
You bear all risk
of loss after purchase and for any loss of eBooks you have downloaded,
including any loss due to a computer or hard drive crash. We may, from time to
time, at our sole discretion remove eBooks from the Service without notice.
Intellectual
Property Rights: It is hereby specifically recorded that the copyright and
other Intellectual Property in the ebook available on the Platform is the sole
and exclusive property of third parties. We are authorised by such third
parties to upload the ebook on the Platform for license of use to the end
customers. Intellectual Property Rights for the purpose of this Agreement shall
always mean and include copyrights whether registered or not, patents including
rights of filing patents, trademarks, trade names, trade dresses, house marks,
collective marks, associate marks and the right to register them, designs both
industrial and layout, geographical indicators, moral rights, broadcasting
rights, displaying rights, distribution rights, selling rights, abridged
rights, translating rights, reproducing rights, performing rights,
communicating rights, adapting rights, circulating rights, protected rights,
joint rights, reciprocating rights, infringement rights. All those Intellectual
Property rights arising as a result of domain names, internet or any other
right available under applicable law shall vest in the domain of Vi Cart
Internet Private Limited as the owner of such domain name. The Parties hereto
agree and confirm that no part of any Intellectual Property rights mentioned
hereinabove is transferred in the name of User and any intellectual property
rights arising as a result of these presents shall also be in the absolute
ownership, possession and our control or control of its licensors, as the case
may be.
Your request to
download an ebook is personal to you, and the ebook may not be used, sold,
rented, transferred, licensed or otherwise provided to any other user. The
license to downloaded eBooks includes only those rights explicitly stated
herein (typically, the right to read the ebook in Flyte eBooks Application),
and, for the avoidance of doubt, does not include the right to create a
derivative work, to make copies, or to use the ebook in any commercial manner.
You shall promptly notify us in writing upon your discovery of any unauthorized
use or infringement.
Software: We may
make available to you, from time to time, software or updates for your use in
connection with the download of eBooks (any and all such software, individually
and collectively, the "Software").
You may use the
Software only in connection with the download of eBooks on the Platform. You
may not separate any individual component of the Software for use other than in
connection to the download, may not incorporate any portion of it into Your own
programs or compile any portion of it in combination with your own programs,
may not transfer it for use with another service, or use it, or any portion of
it, over a network and may not sell, rent, lease, lend, loan, distribute or
sub-license the Software or otherwise assign any rights to the Software in whole
or in part. We may discontinue some or all of any Software we provide, and we
may terminate your right to use any Software at any time and in such event may
modify it to make it inoperable.
Without limiting
the Disclaimer of Warranties and Limitation of Liability in this terms of use,
in no event shall our or our and/or our Digital Content providers' total
liability to You for all damages arising from your use of the Service, the
Digital Content, or information, materials or products included on or otherwise
made available to You through the Service (excluding the Software), exceed the
amount You paid to purchase, on the Service, the Digital Content related to
Your claim for damages.
Digital Content: Vi Cart Ideas
1.
These Terms of Service (“Terms”) govern your access to and use of Vi
Cart Ideas (hereinafter referred to as “Content”). By viewing the Contents you
agree to be bound by these Terms. Content posted on the Platform is public and
can be viewed by everyone who can see the Page.
2.
Vi Cart is hosting the Content generated by third party users (“Content
Owner”), within the FK Platform for convenience of Platform Users, and as such,
Vi Cart has no ownership or control whatsoever in the Contents displayed. The
Contents posted by the Content Owners are of personal views wherein Vi Cart
plays no role in creating/developing the Content. You are responsible for your
use of the Platform for viewing the Content.
3.
By hosting the Content on the Platform, Vi Cart is neither guaranteeing
nor giving any warranty nor making any representation with respect to the
Contents. Vi Cart is neither endorsing the views, products or the Services, nor
is it responsible for quality or features of the content displayed on the
Platform.
4.
Any information on the Platform, whether the content or any other
information, have not been verified by Vi Cart, therefore, Vi Cart shall not be
responsible for any such content or information. Vi Cart will not bear any
obligation or liability if You rely on the Contents.
5.
If You choose to view or rely, Vi Cart will neither be a party to nor in
any manner concerned with the same nor be liable or responsible for any act or
omission of the Content Owner.
6.
You hereby acknowledge that the Contents are created and owned by
Content Owners who own all the rights including the copyrights in the contents.
The Contents are available on the Platform for personal use only and you shall
not use it for any commercial, promotional, resale or further distribution
purposes.
7.
Any use or reliance on any Content or materials obtained by you through
the Content is at your own risk. We do not endorse, support, represent or
guarantee the completeness, truthfulness, accuracy, or reliability of any
Content or communications posted on the Platform or endorse any opinions expressed
via the contents. You understand that by using the Platform, you may be exposed
to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. All Content is the sole responsibility of the person who
originated such Content. Vi Cart may not monitor or control the Content posted
on the Platform and, we do not take responsibility for such Content.
8.
We reserve the right to remove Content that violates the Terms of Use,
including for example, copyright or trademark violations, impersonation,
unlawful conduct, or harassment.
9.
If you see an offensive, abusive, or any unlawful content on the
Platform, you can report it to ideas-support@ vicart.com
10. You may find
content that offends you or that you simply don’t like, but that doesn’t
violate the content guidelines. If that happens, you can unfollow the user who
posted it or hide the post
11. Your access to and
use of the Services or any Content are at your own risk. You understand and
agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE”
basis. Vi Cart makes no warranty or representation and disclaim all
responsibility and liability for: (i) the completeness, accuracy, availability,
timeliness, security or reliability of any Content; (ii) any harm to your
computer system, loss of data, or other harm that results from your access to
or use of any Content; (iii) the deletion of, or the failure to store or to
transmit, any Content and other communications maintained by the Services; and
(iv) whether the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information, whether
oral or written, obtained through the Content, will create any warranty or
representation not expressly made herein.
12. By using the
Services you agree that Vi Cart, its parents, affiliates, related companies,
officers, directors, employees, agents representatives, partners and licensors,
liability is limited to the maximum extent permissible by Law.
13. We may revise these
Terms from time to time.
Digital Content: Vi Cart Video
1. These Terms of
Service ("Terms") govern your access to and use of Vi Cart Video
which is an online over-the-top platform providing users with live and/or
on-demand audio and video content of various genres which may be offered by
either Vi Cart or by third party content providers (all such content,
collectively, the "Content").
2. The Content is
being hosted on Vi Cart mobile App only ("Platform"), that is owned
and operated by Vi Cart Internet Private Limited ("Vi Cart ",
"We" or "Our").
3.
This document sets out the terms and conditions in connection with your
use of the Platform and, subsequently, your access to and/or consumption of the
Content and/or other related services provided on the Platform (all such
content and services, collectively, "Services" and such terms and
conditions, the "Terms" ).
4. Use of Vi Cart
Services is available only to persons who can form a legally binding contract
under the Indian Contract Act, 1872.You must be 18 years of age, to avail the
Services. Minors may only use the service under the supervision of an adult.
Some content offered on the Platform may not be appropriate for viewership by
minors. Accordingly, parents and/or the guardians of such children or minors
are advised to exercise discretion before allowing their children or minors to
access such content on the Platform.
5. All the Content
being offered to the users on the Platform shall be, for the convenience of the
users, free of cost, or at such other terms as may be offered by Vi Cart or the
Content Providers with respect to any Content from time to time, and such other
terms shall be communicated to the user at the time of viewing such Content
and/or at the time of registering with the Platform. Subject to you accepting
these Terms and any other terms as may be communicated to you from time to
time, you are given a limited, non-exclusive, non-transferable,
non-sub-licensable, revocable permission to view the Platform and avail the
Services during the subsistence of your account with Vi Cart and no right,
title or interest in any Content will be deemed transferred to you.
6.
The Platform is an interactive online platform for the users to view the
Content of various genres, which may either be offered by Vi Cart or third
party content providers. As regards third party audio-video content generated
by third parties (such content, the " Third Party Content" and
such content providers, the " Content Owners"), the Platform
offers you such Third Party Content by providing hosting services to Content
Owners displaying their content and/or by allowing their content to be viewed
by you on the Platform by integrating services and application of other
audio-video hosting, caching and/or streaming service or infrastructure
providers (" Platform Partners") who may have content
procurement arrangements with the Content Owners The Platform may also provide
content which is commissioned by Vi Cart and/or is procured by Vi Cart either
under a license or copyright agreement (such content, " Vi Cart
Originals").
7. Content will
therefore consist of Vi Cart Originals or Third Party Content. Content Owners
and/or Platform Partners will provide Third Party Content. Specifically, for more
information in relation to Third Party Content (including the terms of use
relating specifically to Third Partner Content), you may refer to their
respective terms and conditions. As such, Vi Cart has no ownership or control
whatsoever on Third Party Content, whether it is uploaded or streamed by
Content Owners or by the Platform Partners. Vi Cart plays no role in
creating/developing Third Party Content.
8. As regards all the
news content which are also Third Party Content through the Platform Partners, Vi
Cart 's role is strictly limited to providing a uniform resource locator (URL)
or a web-address to access and/or share such content on the Internet with the
users and all news content is provided, uploaded, streamed and/or hosted by
Content Owners, the Platform Partners and/or their respective agents or service
providers. For avoidance of doubt, it is clarified that Vi Cart will not be
hosting, uploading or streaming any news content on its servers or IT systems. Vi
Cart will not be exercising any control – physical, editorial or digital - over
the news Content being viewed by or provided to the user on the Platform. Vi
Cart will only be providing the user with an option and/or a medium to access
news content through the Platform which, in turn, will provide the Content
Providers and/or the Platform Partners an opportunity to disseminate their
content on the Platform. The news Content on the Platform is directly uploaded
or streamed onto the Platform by Platform Partners who avail of Vi Cart 's
communication platform, without any intervention from Vi Cart in the content
procurement/uploading/streaming/transmission process. Vi Cart 's role is that
of an 'intermediary' as defined under the Information Technology Act, 2000 and
the rules thereunder, with regard to the news Content. Being an intermediary, Vi
Cart has no responsibility and/or liability in respect of any news Content on
the Platform, including for intellectual property rights infringement,
defamation, obscenity or any other violation under applicable law.
9. Irrespective of
whether the Content is a Third Party Content or a Vi Cart Original, you, at all
times, are responsible for your use of the Platform and for viewing any Content
and Vi Cart shall have no liability with respect to any loss or damage caused
by viewing or relying on the Content. By hosting Vi Cart Originals on the
Platform and by permitting the hosting, uploading or streaming of Third Party
Content on the Platform, Vi Cart will neither guaranteeing nor giving any
warranty nor making any representation with respect to the Contents. The
Content provided on the Platform is for entertainment or information purposes
only and Vi Cart will neither be endorsing the views, products or the services
being depicted or offered as part of the Content, nor will Vi Cart be
responsible for quality or features of the Content displayed on the Platform.
Unless expressly stated otherwise, all characters, themes and events depicted
in Vi Cart Originals are entirely fictitious and any similarity to actual
events or persons, living or dead, is purely coincidental, unintentional or
accidental.
10. Third Party Content
will be made available to you through different modes, including via
video-on-demand or on a live streaming basis, depending on the nature of the
content and at the discretion of the Content Owners and/or Platform Partners. Vi
Cart Originals will be provided to you through different modes as well as the
discretion of Vi Cart. You may choose to view any Content at your discretion at
a time chosen by you and by accepting these Terms and any other terms relating
to such Content.
11. Please note that
the availability of, and your ability to access, the Content or some part of
the Services, (a) is subject to applicable law and the contractual arrangements
between Vi Cart and the Content Owners and/or Platform Partners; and (b) may be
dependent upon your geographical location, your Internet/data connectivity or
your system capabilities or compatibility with the Platform. Not all Content or
Services will be available to all users. On account of the nature of the
Internet/data connectivity and system compatibility, the Platform and the
Services may also be accessed in various geographical locations. You,
therefore, hereby agree and acknowledge that you are accessing the Platform and
availing of the Services, at your own risk, choice and initiative, and you
agree and undertake to ensure that your use of the Platform and the Services
complies with all applicable laws including the local laws in your jurisdiction.
Further, you agree and acknowledge that the Services and Content may vary from
place to place, time to time and device to device and the quality and the
quantity of your access to the Content or the use of the Platform or availing
of the Services would be subject to various parameters such as specifications,
device, Internet availability and speed, bandwidth, etc.
12. Any information on
the Platform, whether the Content or any other information (other than Vi Cart
Original), have not been verified by Vi Cart, and therefore, Vi Cart shall not
be responsible for any such Third Party Content or information. Vi Cart will
not bear any obligation or liability if You rely on the Contents or information
and any loss or liability has been incurred by you arising from such Third
Party Content or information.
13. If you choose to
view or rely on any Third Party Content or information on the Platform, you
will be impliedly accepting the terms of viewing or relying on such Third Party
Content or information, as offered by the Content Providers and/or the Platform
Partners, and Vi Cart will neither be a party to such an arrangement nor will
it in any manner be concerned with such an arrangement nor will Vi Cart be
liable or responsible for any act or omission of the Content Owner and/or the
Platform Partners.
14. You hereby
acknowledge that the Third Party Content is created and owned by the Content
Owners who own all the rights including the copyrights with respect to such
content. The Content is available on the Platform for personal and
non-commercial use only and you shall not use it for any commercial,
promotional, resale, further distribution or any other unauthorized purposes.
You agree not to use the service for public performances.
15. You further
acknowledge that all the intellectual property rights contained in (a) the Vi
Cart Originals are solely owned by Vi Cart and (b) in the Third Party Content
are solely owned by the Content Owners or licensed to the Platform Partners.
During the term of your Vi Cart membership we grant you a limited,
non-exclusive, non-transferable, revocable right to access the Platform and
view the Content. Except for the foregoing, no right, title or interest shall
be transferred to you in any Content or the Platform.
16. We can terminate
your account or place your account on hold in order to protect our or the
interests of the Content Owners or of the Platform Partners, from an actual,
probable or suspected theft, loss, damage or other fraudulent activity. Vi Cart
reserves the right to immediately terminate, suspend, limit, or restrict your
access or use of the Platform and/or the Services, at any time, without any
notice or liability, if Vi Cart so determines, in its sole discretion, for any
reason whatsoever, including that you have: (a) breached these Terms or the
Privacy Policy; or (b) violated any applicable law, rule, or regulation; or (c)
you have engaged in any inappropriate or unlawful conduct; or (d) provided any
false or inaccurate information; or (e) for any other reason that Vi Cart deems
fit in its sole discretion.
17. Any use or reliance
on any Content or materials obtained by you through the Platform is at your own
risk. We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications posted
on the Platform or endorse any opinions expressed via the Contents. You
understand that by using the Platform, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. All Third Party
Content is the sole responsibility of the Content Owners who originated such
content or it is the responsibility of the Platform Partners who host, upload
and/or stream such Third Party Content. Vi Cart may not monitor or control the
Content posted, uploaded and/or streamed on the Platform by the Content Owners,
the Platform Partners and/or their respective agents or affiliates, and, we do
not take responsibility or liability for any such content.
18. We reserve the
right to remove any Content or the user data that violates these Terms or the
applicable law, including for example, copyright or trademark violations,
impersonation, unlawful conduct, or harassment. With respect to Third Party
Content, Vi Cart 's role is limited to providing a communication platform to
Content Owners and/or Platform Partners, to enable the transmission of the
Third Party Content directly from such third parties to you.
19. Personal
Information; We may use information such as device ID, location or an account
email address used with an existing Vi Cart account to determine eligibility
and any offers therof. We may share personal information with our other
corporate entities and Platform Partners only for the purposes of giving
enhanced customer services.
20. Service
Interruptions: You hereby consent to sharing your information with third
parties unless you specifically opt out. In addition, your access to the
Services and the Platform may also be occasionally suspended or restricted to
allow for repairs, maintenance, or the introduction of new facilities or
services at any time without prior notice. We will attempt to limit the
frequency and duration of any such suspension or restrictions.
21. If you see an offensive,
abusive, or any unlawful content on the Platform, you can report it to customer
care of Vi Cart.
22. Disclaimer of
representations and warranties: Your access to and use of the Services or any
Content are at your own risk. You understand and agree that the Services are
provided to you on an "AS IS" or "AS AVAILABLE" basis. Vi
Cart makes no warranty or representation and disclaim all responsibility and
liability for: (i) the completeness, accuracy, availability, timeliness,
security, security and non-compatibility or reliability of any Content; (ii)
any harm to your computer system, loss of data, or other harm that results from
your access to or use of any Content; (iii) the deletion of, or the failure to
store or to transmit, any Content and other communications maintained by the
Services; and (iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained through the Content, will create
any warranty or representation not expressly made herein or therein.
23. Limitation of
liability: By using the Services, you agree that the liability of Vi Cart, its
parents, affiliates, related companies, officers, directors, employees, agents,
representatives, partners and licensors, shall be limited to the maximum extent
permissible by applicable law. In no case shall Vi Cart, its directors,
officers, employees, affiliates, agents, contractors, principals, or licensors
be liable for any direct, indirect, incidental, punitive, special, or
consequential damages arising from your use of the Services or any Content or
for any other claim related in any way to your access to the Platform and/or
use of the Services, including, but not limited to, any errors or omissions in
any Content or information on the Platform, or any loss or damage of any kind
incurred as a result of the use of the Services and/or reliance on any Content
or information on the Platform.
24. Indemnification:
You shall defend, indemnify and hold harmless Vi Cart its owners, affiliates,
subsidiaries, group companies, partners (as applicable), and their respective
officers, directors, agents, and employees (" Indemnified
Parties"), from and against any claim, demand, damages, obligations,
penalty, losses or actions (including reasonable attorneys' fees) made by any
third party against the Indemnified Parties or imposed against the Indemnified
Parties, due to or arising out of your or your affiliate's or relative's: (a)
breach of these Terms, the Privacy Policy and/or any other policies; or (b)
violation of any applicable law, rules, regulations; or (c) violation of the
rights (including infringement of intellectual property rights) of a third
party or Vi Cart; or (d) unauthorized, improper, illegal or wrongful use of
your Vi Cart account (including by you or by any person, including a third
party, whether or not authorized or permitted by you). This indemnification
obligation will survive the expiry or termination of these Terms and/or your
use of the Service.
25. Force Majeure: You
agree that Vi Cart shall be under no liability whatsoever to you in the event
of non-availability of the Platform and/or any of the Services or any portion
thereof, occasioned by an Act of God, war, disease, revolution, riot, civil
commotion, strike, lockout, flood, fire, satellite failure, failure of any
public utility, man-made disaster, satellite failure or any other cause
whatsoever beyond the control of Vi Cart (including any event which is caused
by the failure or non-performance on the part of the Content Owners or the
Platform Partners).
26. Governing laws:
These Terms shall be governed, interpreted, and construed in accordance with
the laws of India, without regard to the conflict of law provisions and for
resolution of any dispute arising out of your use of the Services or in
relation to these Terms. Notwithstanding the foregoing, you agree that (i) Vi
Cart has the right to bring any proceedings before any court/forum of competent
jurisdiction and you irrevocably submit to the jurisdiction of such courts or
forum; and (ii) any proceeding brought by you shall be exclusively before the
courts in Bengaluru, India.
27. Severability: If
any provision of these Terms is held invalid, void, or unenforceable, then that
provision shall be considered severable from the remaining provisions, and the
remaining provisions shall be given full force and effect.
28. Amendments: We may
revise these Terms from time to time, without prior notice to you, to update,
revise, supplement, and otherwise modify these Terms and to impose new or
additional rules, policies, terms, or conditions on your use of the Service.
Any updates, revisions, supplements, modifications, and additional rules,
policies, terms, and conditions will be posted on the Platform and will be
effective immediately after such posting and we recommend that you periodically
check these Terms on the Platform for such revised terms. Your continued use of
the Services and/or the Platform will be deemed to constitute your acceptance
of any and all such revised terms.
29. Entire agreement:
These Terms, the Privacy Policy and any other terms or policies as may be
prescribed by Vi Cart from time to time, constitute the entire agreement
between you and Vi Cart, which will govern your use of or access to the
Services and/or the Platform, superseding any prior agreements between you and Vi
Cart regarding such use or access.
30. Survival: You
acknowledge that your representations, undertakings, and warranties and the
clauses relating to indemnities, limitation of liability, grant of license,
governing law shall survive the efflux of time and the termination of these
Terms (including but not limited to Clauses 22 to 30 of these Terms).
Indemnity
You shall indemnify
and hold harmless Vi Cart, its owner, licensee, affiliates, subsidiaries, group
companies (as applicable) 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 this Terms of Use, privacy Policy and other Policies, or Your
violation of any law, rules or regulations or the rights (including
infringement of intellectual property rights) of a third party.
Applicable Law
Terms of Use shall
be governed by and interpreted and construed in accordance with the laws of
India. The place of jurisdiction shall be exclusively in Bangalore.
Jurisdictional Issues/Sale in India Only
Unless otherwise
specified, the material on the Platform is presented solely for the purpose of
sale in India. Vi Cart make no representation that materials in the Platform
are appropriate or available for use in other locations/Countries other than
India. Those who choose to access this site from other locations/Countries other
than India do so on their own initiative and Vi Cart is not responsible for
supply of products/refund for the products ordered from other
locations/Countries other than India, compliance with local laws, if and to the
extent local laws are applicable.
Trademark, Copyright and Restriction
This site is
controlled and operated by Vi Cart and products are sold by respective Sellers.
All material on this site, including images, illustrations, audio clips, and
video clips, are protected by copyrights, trademarks, and other intellectual
property rights. Material on Platform is solely for Your personal,
non-commercial use. You must not copy, reproduce, republish, upload, post,
transmit or distribute such material in any way, including by email or other
electronic means and whether directly or indirectly and You must not assist any
other person to do so. Without the prior written consent of the owner,
modification of the materials, use of the materials on any other Platform or
networked computer environment or use of the materials for any purpose other
than personal, non-commercial use is a violation of the copyrights, trademarks
and other proprietary rights, and is prohibited. Any use for which You receive
any remuneration, whether in money or otherwise, is a commercial use for the
purposes of this clause.
Trademark complaint
Vi Cart respects
the intellectual property of others. In case You feel that Your Trademark has
been infringed, You can write to Vi Cart at infringement@ Vi Cart.com or ss@ Vi
Cart.com.
Product Description
Vi Cart we do not
warrant that Product description or other content of this Platform is accurate,
complete, reliable, current, or error-free and assumes no liability in this
regard.
Limitation of Liability
IN NO EVENT SHALL Vi
Cart BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN
INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please [contact
us][] for any questions or comments (including all inquiries unrelated to
copyright infringement) regarding this Platform.
Grievance officer
In accordance with
Information Technology Act 2000 and rules made there under and the Consumer
Protection (E-Commerce) Rules, 2020, the name and contact details of the
Grievance Officer are provided below:
Mr. Vijay
SVG Express Services (P)Ltd, India
contact us
Email:
grievance.officer@vicart.com
Phone: 1800 208
9898
Time: Mon - Sat
(9:00 - 18:00)
POLICIES
Profanity Policy
VI Cart prohibits
the use of language that is racist, hateful, sexual or obscene in nature in a
public area.
This policy extends
to text within listings, on Seller pages and all other areas of the site that
another User may view. If the profane words are part of a title for the item
being sold, we allow Sellers to 'blur' out the bulk of the offending word with
asterisks (i.e., s*** or f***).
Please report any
violations of this policy to the correct area for review:
·
Report offensive Display Names
·
Report offensive language in a listing or otherwise
If a feedback
comment; or any communication made between Users on the Platform; or email
communication between Users in relation to transactions conducted on Platform
contain profanity, please review Our feedback removal policy and submit a
request for action/removal.
Disciplinary action
may result in the indefinite suspension of a User's account, temporary
suspension, or a formal warning.
VI Cart will
consider the circumstances of an alleged policy violation and the user's
trading records before taking action.
Violations of this
policy may result in a range of actions, including:
1.
Limits placed on account privileges;
2.
Loss of special status;
3.
Account suspension.
VI Cart shall have
the right to delete a product review posted by the customer at its sole
discretion, if it is of the opinion that the review contains offensive language
as stated above. Further, if VI Cart is of the opinion that the review unfairly
either: (i) causes disadvantage to a product; or (ii) increases the popularity
of the product, VI Cart shall have the right to delete the customer review. VI
Cart shall also, at its sole discretion have the right to blacklist the
customer from posting any further customer reviews.
Replacement
Guarantee*
The Replacement
Guarantee seeks to assist Buyers who have been defrauded by qualified sellers
on the Platform. If at the time of delivery and/or within specified days from
the date of delivery of the product/s, if any defect is found, then the buyer
of the product/s can ask for replacement of the product/s from the seller.
If VI Cart has
suspicion or knowledge, that any of its buyers and sellers are involved in any
activity that is intended to provide claims or information that is false,
misleading or not genuine, then VI Cart may while reserving its rights to
initiate civil and/or criminal proceedings against User may also at its sole
discretion suspend, block, restrict, cancel the Display Name of such buyer and
seller and /or disqualify that User and any related Users from availing
protection through this program.
VI Cart reserves
its right to initiate civil and/or criminal proceedings against a User who,
files a invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, VI
Cart may at its sole discretion suspend, block, restrict, cancel the Display
Name [and its related Display Names] of such User and/or disqualify that User
and any related Users from availing protection through this program. Any person
who, knowingly and with intent to injure, defraud or deceive, files a
Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest
extent of the law.
For more details
related to Replacement Policy, refer to s/help/cancellation-returns
Returns Policy
Definition:
'Return' is defined as the action of giving back the item purchased by the
Buyer to the Seller on the VI Cart Platform. Following situations may arise:
1.
Item was defective
2.
Item was damaged during the Shipping
3.
Products was / were missing
4.
Wrong item was sent by the Seller.
Return could also
result in refund of money in most of the cases.
Points to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees a return request, Buyer can file a dispute under the
Buyer Protection Program*.
We encourage the
Buyer to review the listing before making the purchase decision. In case Buyer
orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer needs to
raise the return request within the return period applicable to the respective
product.Once Buyer has raised a return request by contacting Us on Our Toll
Free Number, Seller while closing the return ticket can select one of the
following:
1.
Replace after shipment collection - Seller has agreed to wait for the
logistics team to collect the shipment from the buyer before replacing it)
2.
Refund after shipment collection - Seller has agreed to wait for the
logistics team to collect the shipment from the buyer before refunding)
3.
Refund without shipment collection - Seller has agreed to refund the
buyer without expecting the original shipment back)
4.
Replace without shipment collection - Seller has agreed to replace the
order without expecting the original shipment back)
5.
On certain select days as specified by VI Cart (such as 'The Big Billion
Day') separate policies may be applicable.
In the event the
Seller accepts the return request raised by the Buyer, Buyer will have to
return the product and then the refund shall be credited to the Buyers account.
In case the Seller
doesn't close the ticket in 3 days from the date of intimation to the Seller
about the refund request, the refund request shall be settled in favor of the
Buyer.
Further for returns
being made by Buyer to the Seller of the product, the following parameters
needs to be ensured by the Buyer:
Category |
Condition |
Electronics |
Should be
included |
Clothing and
Footwear |
Should be
"New & Unworn" (other than for trial) |
Beauty, Health
& Personal Care |
Should be
"New & Unopened" |
Sports &
Equipment |
Should be
"New" and returned with original packaging |
Office Products |
Should be
"New" and returned with original packaging |
Jewellery |
Should be
"New" and returned with original packaging |
If the product
being returned is not in accordance with the above parameters, then Buyer shall
not be entitled to any refund of money from the Seller.
Shipping cost for
returning the product shall be borne and incurred by the Seller.
Replacement
Definition:
Replacement is the action or process of replacing something in place of
another. A Buyer can request for replacement whenever he is not happy with the
item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong
item shipped and the like.
Points to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees for a return request, Buyer can file a dispute under
Buyer Protection Program*.
Buyer needs to
raise the replacement request within the return period applicable to the
respective product. Once Buyer has raised a replacement request by contacting
Us on the Toll Free Number provided on the Platform. Once the replacement
request has been raised, the following steps shall be followed:
1.
Buyer is asked for "Reason for Return". Among others, the
following are the leading reasons:
2.
Shipping was damaged
3.
Item was defective
4.
Item Dead on Arrival
5.
Item(s) were missing
6.
Wrong item sent
7.
An intimation shall be provided to Seller seeking either
"approval" or "rejection" of the replacement request.
8.
In case the Seller accepts the replacement request, Buyer shall be
required to return the product to the Seller and only after return of the
product, Seller shall be obliged to provide the replacement product to the
Buyer.
9.
Incase Seller rejects the replacement request, Buyer can choose to raise
a dispute by writing to https://www. VI Cart.com/helpcentre.
In case the Seller
doesn't have the product at all, Seller can provide the refund to the Buyer and
Buyer shall be obligated to accept the refund in lieu of replacement. All the
product parameters shall be required to be complied with in cases of
replacement.
If the Seller
doesn't respond to the Buyer's replacement request, within three (3) days from
the date of replacement request placed by the Buyer, refund shall be processed
in favour of Buyer and Seller shall be liable to refund amount paid to the
Seller.
All shipping and
other replacement charges shall be borne and incurred by the Seller.
Disputes
(Resolutions) Policy
Overview
Generally,
transactions are conducted smoothly on VI Cart. However there may be some cases
where both the Buyers and Sellers may face issues. At VI Cart, we have a
Dispute Resolution process in order to resolve disputes between Buyers and
Sellers.
What is a
'dispute'?
A 'Dispute' can be
defined as a disagreement between a Buyer and a Seller in connection with a
transaction on the Platform.
How does a
'dispute' occur in the Marketplace?
Disputes are filed
as a result of a disagreement between the Buyer and the Seller. Disputes arise
out of an issue that is raised by either party not being completely satisfied
with the resolution of their complaint/issue.
It is important
that before a Buyer/Seller raises a dispute, they should attempt to solve the
issue. Please note that whenever a Buyer raises a dispute, the Seller's payment
for that order is put on hold immediately until the issue is resolved.
How is a 'dispute'
created?
Whenever there is a disagreement, the Buyer can write to https://www. VI Cart.com/helpcentre , while the Seller can write to ss@ VI
Cart.com, in order to raise a dispute. Disputes can be raised at a particular
transaction level.
What are the
various types of 'disputes'?
Following are the
indicative examples of potential disputes:
1.
Wrong item received
2.
Item Not as described
3.
Damaged or Seal broken on Product
4.
Part/Accessory missing
5.
Item not Compatible
6.
Seller Description/Specification Wrong
7.
Defective (Functional issues)
8.
Product not working and Manufacturer claims invalid Invoice
In case the Seller
rejects the return request of the Buyer, and Buyer raises a dispute, then VI
Cart will try to mediate and resolve the dispute between both the parties. If
the dispute is resolved in favour of the Buyer, a refund is provided once the
product is returned to the Seller. If the dispute is settled in favour of the
Seller, Buyer is entitled to any refund.
Buyer Protection
Program
In case of a
dispute where the Seller is unable to provide a refund or a replacement, VI
Cart will actively work towards reaching a resolution.
The Buyer
Protection Program covers Buyers who are unable to successfully resolve their
dispute with the Seller or are not satisfied the resolution provided by the
Seller.
The Buyer can write to https://www. VI Cart.com/helpcentre ,if
the issue with the Seller is not resolved. VI Cart 's Customer Support team
will look into the case to check for possible fraud and if the Buyer has been
blacklisted/blocked from making purchases on the Platform. Only after verifying
these facts, a dispute can be registered.
CS team will not
facilitate a conference call, CS team acts as the bridge between customer and
seller.
When a dispute has
been raised, VI Cart may provide both the parties access to each others Display
Names, contact details including email addresses and other details pertaining
to the dispute. Buyers and Sellers are subject to final consent from VI Cart
for settling the dispute.
Buyer Eligibility
and Restrictions
Only the Buyers who
have purchased the product on VI Cart are eligible for the Buyer Protection
Program.
Buyers can file a
dispute within 45 days from the date of delivery of the product
Any damage or loss
to the product after delivery will not be covered under this program and will
completely be the Buyer's responsibility. Buyers should refuse to accept
delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program, Buyers
should first contact the Seller and attempt to resolve the issue. If the Buyer
doesn't hear from the Seller or is unable to resolve the issue with the Seller
even after contact, a dispute can be raised with VI Cart by writing an email
to https://www. VI Cart.com/helpcentre
Fraudulent charges
and claims are not covered under Buyer Protection Program
If the Buyer has
already initiated chargeback through the credit card issuing bank, it will not
be covered under Buyer Protection Program, though in such cases a Seller can
file a claim through the Seller Protection Program.
Blacklisted and
Blocked Buyers are not covered by the Buyer Protection Program.
Buyers who have
reached their maximum lifetime limit for claims are also not eligible. Buyers
can make a maximum of 5 claims per year on VI Cart. If the claim was withdrawn,
it is not counted. The coverage amount will be limited to ₹50,000
Through the Buyer
Protection program, VI Cart does not provide any guarantee/warranty to Buyers
for products sold on VI Cart against technical/manufacturing defects.
Raising disputes
against Sellers does not automatically entitle the Buyer to a refund or
replacement for the product purchased. VI Cart shall verify the disputes so
raised and may process only such claims that are valid and genuine.
VI Cart shall at no
point be responsible for any direct or indirect losses, expenses, costs of any
nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the
nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer
by mistake or where the Buyer chooses to change his/her mind with regard to the
product purchased by him) will not be entertained through this program.
VI Cart reserves
its right to initiate civil and/or criminal proceedings against a User who,
files an invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, VI
Cart may at its sole discretion suspend, block, restrict, cancel the Display
Name [and its related Display Names] of such User and/or disqualify that user
and any related users from availing protection through this program.
Decisions made by VI
Cart under the Buyer Protection Program shall be final and binding on its
Users.
VI Cart reserves
the right to modify / discontinue Buyer Protection Program without any prior
notice period to its Users.
Through this
program, VI Cart shall not entertain claims of Buyers who have incurred loss
due to delayed shipment or delivery of the item by the Seller.
VI Cart Customer Support
Team may seek additional information / clarification from Buyer to facilitate
resolution of the dispute. In the event Buyer does not respond with information
/ clarification sought within 10 days of such request, the dispute shall be
auto-closed in favour of the Seller.
Disputes via
Chargeback
Whenever a
chargeback (CB) comes from a payment gateway/bank, following situations may
arise:
1.
Item not received CB - Buyer hasn't received the item. Refund will be
created in accordance with the dispute policies
2.
Unauthorized CB - Buyer hasn't made this particular transaction. Refund
will be created in accordance with the dispute policies.
Seller expressly
agrees that issuing the correct and complete invoice is the sole and primary
responsibility of the Seller. Furthermore, Seller shall ensure that invoices
state "Powered by VI Cart " and failing to do so Seller will be
liable for chargebacks (as applicable).
1.
Item not as described - meaning item is not what Buyer expected. Dispute
will be decided in accordance with the dispute policies.
Email Abuse &
Threat Policy
Private
communication, including email correspondence, is not regulated by VI Cart. VI
Cart encourages its Users to be professional, courteous and respectful when
communicating by email.
However, VI Cart
will investigate and can take action on certain types of unwanted emails that
violate VI Cart policies.
Such instances:
Threats of Bodily
Harm - VI Cart does not permit Users to send explicit threats of bodily harm.
Misuse of VI Cart
System - VI Cart allows Users to facilitate transactions through the VI Cart
system, but will investigate any misuse of this service.
Spoof (Fake) email
- VI Cart will never ask you to provide sensitive information through email. In
case you receive any spoof (fake) email, you are requested to report the same
to Us through 'Contact Us' tab.
Spam (Unsolicited
Commercial email) - VI Cart 's spam policy applies only to unsolicited
commercial messages sent by VI Cart Users. VI Cart Users are not allowed to
send spam messages to other Users.
Offers to Buy or
Sell Outside of VI Cart - VI Cart prohibits email offers to buy or sell listed
products outside of the VI Cart Platform. Offers of this nature are a potential
fraud risk for both Buyers and Sellers.
VI Cart policy prohibits
user-to-user threats of physical harm via any method including, phone, email
and on Our public message boards.
Violations of this
policy may result in a range of actions, including:
·
Limits on account privileges
·
Account suspension
·
Cancellation of listings
·
Loss of special status
Other Businesses
VI Cart does not
take responsibility or liability for the actions, products, content and
services on the Platform, which are linked to Affiliates and / or third party
Platforms using Platform's APIs or otherwise. In addition, the Platform may
provide links to the third party Platforms of Our affiliated companies and
certain other businesses for which, VI Cart assumes no responsibility for
examining or evaluating the products and services offered by them. VI Cart do
not warrant the offerings of, any of these businesses or individuals or the
content of such third party Platform(s). VI Cart does not endorse, in any way,
any third party Platform(s) or content thereof.
VI Cart
Infringement Verification (FIV) - Reporting Listing Violations
VI Cart has put in
place VI Cart Infringement Verification process so that intellectual property
owners could easily report listings that infringe their rights. It is in VI
Cart 's interest to ensure that infringing products are removed from the site,
as they erode Buyer and good Seller trust.
·
If you are a Verified Rights Owner and want to report a listing issue,
see VI Cart 's FIV. Note: Only the intellectual property rights owner can
report potentially infringing products or listings through FIV. If you are not
the intellectual property rights owner, you can still help by getting in touch
with the rights owner and encouraging them to [contact us][].
·
If your listing was removed through FIV, and you believe that your
listing was removed in error, please [contact us][].
VI Cart does not
and cannot verify that Sellers have the right or ability to sell or distribute
their listed products. However, VI Cart is committed to removing infringing or
unlicensed products once an authorized representative of the rights owner
properly reports them to VI Cart.
FIV works to ensure
that item listings do not infringe upon the copyright, trademark or other
intellectual property rights of third parties. FIV participants have the
ability to identify and request removal of allegedly infringing products and
materials.
Any person or
company who holds intellectual property rights (such as a copyright, trademark
or patent) which may be infringed upon by products listed on VI Cart is
encouraged to become a FIV member.
Program membership
entitles you (Verified Rights Owner) to the following benefits:
·
Rapid response by VI Cart in ending listings reported by you (as the
Verified Rights Owner) as allegedly infringing
·
Dedicated priority email queues for reporting alleged infringements
·
The ability to obtain identifying information about VI Cart 's users'
How to Become a FIV
Member
To join the FIV, we
require only that you fully complete and email Us a Notice of Infringement form
specifying the allegedly infringing listings and the infringed work, complete
with an original authorized signature. The information requested by the Notice
of Infringement is designed to ensure that parties reporting products are
authorized by the rights owners, and to enable VI Cart to easily identify the
material or listing to be ended.
In the interest of
keeping the process easy and simple, after we receive your first Notice of
Infringement in hard copy, future notices can be sent to Us by email at ss@ VI
Cart.com.
Note: In your notice
of infringement, you shall be required to identify the individual listing which
is infringing your intellectual property. General notices shall not be
accepted.
We are happy to
receive such information, but must advise that we may be limited in Our ability
to respond to your request absent formal notice from an authorized rights
owner.
Notice of
Infringement
VI Cart Internet
Private Limited
_______________________
_______________________
I, [name]
____________________________ of [address] _________________________ do solemnly
and sincerely declare as follows:
1.
I am the owner of certain intellectual property rights, said owner being
named __________________ ("IP Owner").
2.
I have a good faith belief that the item listings or materials
identified in the annexure attached hereto are not authorised by the above IP
Owner, its agent, or the law and therefore infringe the IP Owner's rights.
Please expeditiously remove or disable access to the material or products
claimed to be infringing.
3.
I may be contacted at:
Name
___________________________________________________________
Title & Company
________________________________________________________
Address
_________________________________________________________
Email
(correspondence) ___________________________________________________
Telephone/Fax
_____________________________________________________________
Date
_________________________________________________________________
and I make this
declaration conscientiously believing it to be true and correct.
Declared by
______________________________
on [date]
___________________________________ in [place]________
Truthfully,
Signature
Addendum to Notice
of Infringement:
List of Allegedly
Infringing Listings, Products, or Materials
A Note on Reason
Codes: When identifying item numbers please use the reasons below. When
removing products from the site, VI Cart will inform Sellers of the specific
reason for the removal of their products.
Select the most
appropriate reason. Please associate each item you report with only one reason
code.
Trademark-infringement
1.
Trademark owner doesn't make this type of product or has discontinued
the production of the product
2.
Item(s) is an unlawful replica of a product made by the trademark owner
or is counterfeit
Trademark-listing
description infringement
1.
Listing(s) has unlawful comparison to trademark owner's brand or product
2.
Listing(s) contains unlawful use of trademark owner's logo
Copyright-item
infringement
1.
Software is being offered without any license or in violation of a
license
2.
Item(s) is a bootleg recording;
3.
Item(s) is an unlawful copy (software, games, movies, etc.);
4.
Item(s) is unlawful duplication of printed material
5.
Item(s) is an unlawful copy of other copyrighted work (paintings,
sculptures, etc.)
Copyright-listing
content infringement
1.
Listing(s) comprises unauthorized copy of copyrighted text
2.
Listing(s) comprises unauthorized copy of copyrighted image
3.
Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code:
_____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item Number(s):
___________________________________________________________
Note:
1.
Please provide the ownership of Trademark (Trademark Registration
Certificate should be in the name of applicant)
2.
Please provide the evidence as to the ownership of copyright.
All such Notices of
Infringement shall be sent to infringement@ VI Cart.com; or ss@ VI Cart.com.
Contacting the
Seller
At VI Cart we are committed towards ensuring that disputes between
sellers and buyers are settled amicably by way of the above dispute resolution
mechanisms and procedures. However, in the event that a buyer wishes to contact
the seller, he/ she may proceed to do so by accessing the seller related
information made available by the sellers on their product listing pages.
Alternatively, the buyers may also reach out to customer support at 1800 208
9898 or access help center at [http://www. VI Cart.com/helpcentre][http_www. VI Cart.com_helpcentre].
For Buyers from Maharashtra
VI Cart Terms of Use
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 Terms of Use
for access or usage of domain name [www. VI Cart.com][www. VI Cart.com] (“Website”),
including the related mobile site and mobile application (hereinafter referred
to as “Platform”)
The Platform is
owned by VI Cart Internet Private Limited a company incorporated under the
Companies Act, 1956 with its registered office at Plot no 62, Lane No-2,Gopalbari,
Jaipur-302001, India (hereinafter referred to as
"VI Cart").
Your use of the Platform and services and tools are governed by the
following terms and conditions ("Terms of Use") as
applicable to the Platform including the applicable policies which are
incorporated herein by way of reference. If You transact on the Platform, You
shall be subject to the policies that are applicable to the Platform for such
transaction. By mere use of the Platform, You shall be contracting with VI Cart
Internet Private Limited and these terms and conditions including the policies
constitute Your binding obligations, with VI Cart.
For the purpose of these Terms of Use, wherever the context so
requires "You" or "User" shall mean any
natural or legal person who has agreed to become a buyer on the Platform by
providing Registration Data while registering on the Platform as Registered
User using the computer systems. VI Cart allows the User to surf the Platform
or making purchases without registering on the Platform. The
term "We", "Us", "Our" shall mean VI
Cart Internet Private Limited.
When You use any of
the services provided by Us through the Platform, including but not limited to,
(e.g. Product Reviews, Seller Reviews), You will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and
they shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use. We reserve the right, at
Our sole discretion, to change, modify, add or remove portions of these Terms
of Use, at any time without any prior written notice to You. It is Your
responsibility to review these Terms of Use periodically for updates / changes.
Your continued use of the Platform following the posting of changes will mean
that You accept and agree to the revisions. As long as You comply with these
Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Platform.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT
TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE
TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting
these Terms of Use, You also accept and agree to be bound by VI Cart Policies
((including but not limited to Privacy Policy available at Privacy) as amended
from time to time.
Membership Eligibility
Transaction on the
Platform is available only to 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
un-discharged insolvents etc. are not eligible to use the Platform. If you are
a minor i.e. under the age of 18 years, you may use the Platform or access
content on the Platform only under the supervision and prior consent/
permission of a parent ormlegal guardian.
As a minor if you wish
to transact on the Platform, such transaction on the Platform may be made by
your legal guardian or parents. VI Cart reserves the right to terminate your
membership and / or refuse to provide you with access to the Platform if it is
brought to VI Cart 's notice or if it is discovered that You are under the age
of 18 years and transacting on the Platform.
Your Account and Registration Obligations
If You use the
Platform, You shall be responsible for maintaining the confidentiality of your
Display Name and Password and You shall be responsible for all activities that
occur under your Display Name and Password. You agree that if You provide any
information that is untrue, inaccurate, not current or incomplete or We have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with the this Terms of Use, We
shall have the right to indefinitely suspend or terminate or block access of
your membership on the Platform and refuse to provide You with access to the
Platform.
Your mobile phone
number and/or e-mail address is treated as Your primary identifier on the
Platform. It is your responsibility to ensure that Your mobile phone number and
your email address is up to date on the Platform at all times. You agree to
notify Us promptly if your mobile phone number or e-mail address changes by
updating the same on the Platform through a onetime password verification.
You agree that VI
Cart shall not be liable or responsible for the activities or consequences of
use or misuse of any information that occurs under your Account in cases,
including, where You have failed to update Your revised mobile phone number
and/or e-mail address on the Website Platform.
If You share or
allow others to have access to Your account on the Platform (“Account”), by
creating separate profiles under Your Account, or otherwise, they will be able
to view and access Your Account information. You shall be solely liable and
responsible for all the activities undertaken under Your Account, and any
consequences therefrom.
Communications
When You use the
Platform or send emails or other data, information or communication to us, You
agree and understand that You are communicating with Us through electronic
records and You consent to receive communications via electronic records from
Us periodically and as and when required. We may communicate with you by email
or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Platform is a
platform that Users utilize to meet and interact with one another for their
transactions. VI Cart is not and cannot be a party to or control in any manner
any transaction between the Platform's Users.
Henceforward:
1.
All commercial/contractual terms are offered by and agreed to between
Buyers and Sellers alone. The commercial/contractual terms include without
limitation price, shipping costs, payment methods, payment terms, date, period
and mode of delivery, warranties related to products and services and after
sales services related to products and services. VI Cart does not have any
control or does not determine or advise or in any way involve itself in the
offering or acceptance of such commercial/contractual terms between the Buyers
and Sellers. All discounts, offers (including exchange offers) are by the
Seller/Brand and not by VI Cart.
2.
Placement of order by a Buyer with Seller on the Platform is an offer to
buy the product(s) in the order by the Buyer to the Seller and it shall not be
construed as Seller's acceptance of Buyer's offer to buy the product(s)
ordered. The Seller retains the right to cancel any such order placed by the
Buyer, at its sole discretion and the Buyer shall be intimated of the same by
way of an email/SMS. Any transaction price paid by Buyer in case of such
cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may
cancel an order wherein the quantities exceed the typical individual
consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity that exceeds the typical individual
consumption. What comprises a typical individual's consumption quantity limit
shall be based on various factors and at the sole discretion of the Seller and
may vary from individual to individual.
3.
VI Cart does not make any representation or Warranty as to specifics
(such as quality, value, salability, etc) of the products or services proposed
to be sold or offered to be sold or purchased on the Platform. VI Cart does not
implicitly or explicitly support or endorse the sale or purchase of any
products or services on the Platform. VI Cart accepts no liability for any
errors or omissions, whether on behalf of itself or third parties.
4.
VI Cart is not responsible for any non-performance or breach of any
contract entered into between Buyers and Sellers. VI Cart cannot and does not
guarantee that the concerned Buyers and/or Sellers will perform any transaction
concluded on the Platform. VI Cart shall not and is not required to mediate or
resolve any dispute or disagreement between Buyers and Sellers.
5.
VI Cart does not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity, etc) of any of
its Users. You are advised to independently verify the bona fides of any
particular User that You choose to deal with on the Platform and use Your best
judgment in that behalf.
6.
VI Cart does not at any point of time during any transaction between
Buyer and Seller on the Platform come into or take possession of any of the
products or services offered by Seller nor does it at any point gain title to
or have any rights or claims over the products or services offered by Seller to
Buyer.
7.
At no time shall VI Cart hold any right, title or interest over the
products nor shall VI Cart have any obligations or liabilities in respect of
such contract entered into between Buyers and Sellers. VI Cart is not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
8.
The Platform is only a platform that can be utilized by Users to reach a
larger base to buy and sell products or services. VI Cart 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
Seller and the Buyer.
At no time shall VI
Cart hold any right, title or interest over the products nor shall VI Cart have
any obligations or liabilities in respect of such contract.
VI Cart is not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back
ordered.
Select products
offered by sellers may be eligible for business purchases on the Platform.
1. Upon Your purchase
of product(s) eligible for business purchases, You may be able to avail the
benefits of GST input tax credit. Accordingly, at your request, an invoice
containing the GSTIN as provided by You ("Tax Invoice") shall be
issued to You by the Seller(s) selling such products.
o GST invoice will
have, inter alia, the following details printed on it: -GSTIN associated with
your registered business, as provided by you
o Entity name of your
registered business, as provided by you
o Not all products
are eligible for business purchases on the Platform and the same is solely at
the discretion of the Sellers. You will be able to view the eligibility of Tax
Invoice on the product page on the Platform.
o Purchases on the
Platform must only be for end consumption. Users must not use products
purchased on the Platform for any commercial, promotional, resale or further
distribution purposes.
o For seamless
availment of input tax credit, kindly mention the delivery address as the
address which is mentioned as the registered place of business as per the
records of GST authority. Please note that availment of input tax credit is
subject to provisions of GST Act and rules.
o The delivery and
billing addresses will be required to be the same, please note that input tax
credit will be denied by GST authority if the delivery address and GSTIN in the
GST invoice are of different states.
o If GSTIN and/or
business entity details are not provided by You, it will be presumed that it is
a personal purchase and not a business purchase.
o VI Cart is not
responsible to verify the correctness of the GSTIN and/or entity name provided
by You and You shall be entirely responsible to provide the accurate details.
o VI Cart and Seller
shall not entertain any request for any revision in the GST Invoice. VI Cart
and Seller shall not be liable for Your default including for reasons
associated with details provided by You.
o VI Cart will not be
liable in case You are not able to avail input tax credit or if input tax
credit is denied to You for any reason whatsoever.
o You shall be solely
liable for all compliances required under applicable laws.
o You agree to
indemnify and hold VI Cart and Seller harmless from all losses, claims, costs,
expenses, suits, proceedings, or any other liability including any third-party
claims (including any penalties imposed by governmental authorities) arising
out of or in connection with (1) the GSTIN and/or entity name provided by you
or the input tax credit claimed by you or your use or misuse of the GST Invoice
and (2) your non-compliance with the applicable laws or (3) your use or misuse
of any third-party’s details including GSTIN.
o VI Cart has the
right to not allow business purchases on the Platform to You if a fraudulent
activity is identified.
o Seller reserves the
right to not issue Tax Invoice or issue a credit note against an already issued
Tax Invoice to cancel the transaction, if any fraudulent activity is
identified.
2. You shall
independently agree upon the manner and terms and conditions of delivery,
payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing
on any product(s) as is reflected on the Platform may due to some technical
issue, typographical error or product information published by seller may be
incorrectly reflected and in such an event seller may cancel such your
order(s).
1.
You release and indemnify VI Cart 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 the Platform and specifically waive any claims that
you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts in that behalf, VI Cart cannot take responsibility or
control the information provided by other Users which is made available on the
Platform. You may find other User's information to be offensive, harmful,
inconsistent, inaccurate, or deceptive. Please use caution and practice safe
trading when using the Platform.
Please note that
there could be risks in dealing with underage persons or people acting under
false pretence.
Charges
Membership on the
Platform is free for buyers. VI Cart does not charge any fee for browsing and
buying on the Platform. VI Cart reserves the right to change its Fee Policy
from time to time. In particular, VI Cart may at its sole discretion introduce
new services and modify some or all of the existing services offered on the
Platform. In such an event VI Cart reserves the right to introduce fees for the
new services offered or amend/introduce fees for existing services, as the case
may be. Changes to the Fee Policy shall be posted on the Platform and such
changes shall automatically become effective immediately after they are posted
on the Platform. Unless otherwise stated, all fees shall be quoted in Indian
Rupees. You shall be solely responsible for compliance of all applicable laws
including those in India for making payments to VI Cart Internet Private
Limited.
Use of the Platform
You agree,
undertake and confirm that Your use of Platform shall be strictly governed by
the following binding principles:
1.
You shall not host, display, upload, modify, publish, transmit, update
or share any information which:
(a) belongs to
another person and to which You does not have any right to;
(b) is grossly
harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, 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;
(c) is misleading
in any way;
(d) 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;
(e) harasses or
advocates harassment of another person;
(f) involves the
transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming";
(g) promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libellous;
(h) 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];
(i) 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;
(j) contains
restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page);
(k) provides
material that exploits people in a sexual, violent or otherwise inappropriate
manner or solicits personal information from anyone;
(l) provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
(m) contains video,
photographs, or images of another person (with a minor or an adult).
(n) 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;
(o) 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 "virtual" products related to the Platform. Throughout
this Terms of Use, VI Cart 's prior written consent means a communication
coming from VI Cart 's Legal Department, specifically in response to Your
request, and specifically addressing the activity or conduct for which You seek
authorization;
(p) solicits
gambling or engages in any gambling activity which We, in Our sole discretion,
believes is or could be construed as being illegal;
(q) interferes with
another USER's use and enjoyment of the Platform or any other individual's User
and enjoyment of similar services;
(r) refers to any
Platform or URL that, in Our sole discretion, contains material that is
inappropriate for the Platform or any other Platform, contains content that
would be prohibited or violates the letter or spirit of these Terms of Use.
(s) harm minors in
any way;
(t) 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 products;
(u) violates any
law for the time being in force;
(v) deceives or
misleads the addressee/ users about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
(w) impersonate
another person;
(x) 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;
(y) 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.
(z) shall not be false,
inaccurate or misleading;
(aa) 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.
(ab) shall not
create liability for Us or cause Us to lose (in whole or in part) the services
of Our internet service provider ("ISPs") or other suppliers;
1.
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 bar any such activity.
2.
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.
3.
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 customer, 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.
4.
You shall not make any negative, denigrating or defamatory statement(s)
or comment(s) about Us or the brand name or domain name used by Us including
the terms VI Cart, VI Cart.com, or
otherwise engage in any conduct or action that might tarnish the image or
reputation, of VI Cart or sellers on platform or otherwise tarnish or dilute
any VI Cart art's trade or service marks, trade name and/or goodwill associated
with such trade or service marks, trade name as may be owned or used by us. You
agree that You will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Platform or VI Cart 's
systems or networks, or any systems or networks connected to VI Cart.
5.
You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Platform or any transaction
being conducted on the Platform, or with any other person's use of the
Platform.
6.
You may not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any message or transmittal You send to Us on or
through the Platform or any service offered on or through the Platform. You may
not pretend that You are, or that You represent, someone else, or impersonate
any other individual or entity.
7.
You may not use the Platform or any content for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the performance of
any illegal activity or other activity which infringes the rights of VI Cart
and / or others.
8.
You shall at all times ensure full compliance with the applicable
provisions of the Information Technology Act, 2000 and rules thereunder as
applicable and as amended from time to time and also all applicable Domestic
laws, rules and regulations (including the provisions of any applicable
Exchange Control Laws or Regulations in Force) and International Laws, Foreign
Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited
to Sales Tax/VAT, Income Tax, Octroi, Service 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.
9.
Solely to enable Us to use the information You supply Us with, so that
we are not violating any rights You might have in Your Information, 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 the Terms of Use and
Privacy Policy applicable to use of the Platform.
10. 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 accurate in all respects. You shall not exaggerate or
over emphasize the attributes of such products or services so as to mislead
other Users in any manner.
11. 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 these Terms of Use
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. In order to
protect Our Users from such advertising or solicitation, We reserve the right to
restrict the number of messages or emails which a user may send to other Users
in any 24-hour period which We deems appropriate in its sole discretion. 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 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 has no obligation, to monitor the materials posted on the Platform. VI
Cart 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 of Use. 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 necessarily reflect VI Cart views. In no event shall VI Cart 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 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 other rights of
third parties or contain any libellous, tortious, or otherwise unlawful
information.
1.
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.
2.
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 also is 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 does 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.
3.
VI Cart shall have all the rights to take necessary action and claim damages
that may occur due to your involvement/participation in any way on your own or
through group/s of people, intentionally or unintentionally in DoS/DDoS
(Distributed Denial of Services).
4.
If you choose to browse or transact on the Platform using the voice
command-based shopping
feature, you acknowledge that VI Cart and/or its affiliates will collect, store
and use your voice inputs on this feature to customize your experience and
provide additional functionality as well as to improve VI Cart’s and/or its
affiliates’ products and services. VI Cart’s and/or its affiliates’ use of your
voice data will be in accordance with the VI Cart Privacy Policy. You accept
that your use of this feature is restricted to the territory of the Republic of
India. This feature may not be accessible on certain devices and requires an
internet connection. VI Cart reserves the right to change, enhance, suspend, or
discontinue this feature, or any part of it, at any time without notice to you.
Your continued use of this feature constitutes your acceptance of the terms
related to this feature.
5. You acknowledge and
agree that the Hindi, Telegu, Tamil and Kannada translation features are made
available on the Platform on a reasonable effort basis for convenience only,
without any representation or warranties by VI Cart, express or implied,
including the translations being error free, their accuracy, completeness or
reliability. Under the translation feature, You will have the option to adding
delivery addresses in the language selected by You out of the featured
languages. Such delivery addresses shall be transliterated in English language
for processing, handling and fulfilling Your orders on the Platform. VI Cart
expressly disclaims any liability of any nature whatsoever arising from or
related to the said translation/transliteration features on the Platform. Some
features and sections on the Platform may not be translated in the language
selected by You [Hindi, Telegu, Tamil or Kannada language, as applicable], and
the English version of the same will be the definitive version. In the event of
any conflict or inconsistency between the translated terms and the English
version available on the Platform, the English version on the Platform shall
prevail. This feature may not be accessible on certain devices. VI Cart
reserves the right to change, enhance, suspend, or discontinue this feature, or
any part of it, at any time without notice to You.
Contents Posted on Platform
All text, graphics,
user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music and artwork (collectively, "Content"), is a third party user
generated content and VI Cart has no control over such third party user
generated content as VI Cart is merely an intermediary for the purposes of this
Terms of Use.
Except as expressly
provided in these Terms of Use, no part of the Platform and no Content may be
copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including "mirroring")
to any other computer, server, Platform or other medium for publication or
distribution or for any commercial enterprise, without VI Cart 's express prior
written consent.
You may use
information on the products and services purposely made available on the
Platform for downloading, provided that You (1) do not remove any proprietary
notice language in all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) do not make any
additional representations or warranties relating to such documents.
You shall be
responsible for any notes, messages, emails, reviews, ratings, billboard
postings, photos, drawings, profiles, opinions, ideas, images, videos, audio
files or other materials or information posted or transmitted to the Platform
(collectively, "Content"). Such Content will become Our property and
You grant Us the worldwide, perpetual and transferable rights in such Content.
We shall be entitled to, consistent with Our Privacy Policy as adopted in
accordance with applicable law, use the Content or any of its elements for any
type of use forever, including but not limited to promotional and advertising
purposes and in any media whether now known or hereafter devised, including the
creation of derivative works that may include the Content You provide. You
agree that any Content You post may be used by us, consistent with Our Privacy
Policy and Rules of Conduct on Site as mentioned herein, and You are not
entitled to any payment or other compensation for such use.
SOME CONTENT
OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE
VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY
NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS
ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS
TO ACCESS CONTENT ON THE PLATFORM.
Privacy
We view protection
of Your privacy as a very important principle. We understand clearly that You
and Your Personal Information is one of Our most important assets. We store and
process Your Information including any sensitive financial information
collected (as defined under the Information Technology Act, 2000), if any, on
computers that may be protected by physical as well as reasonable technological
security measures and procedures in accordance with Information Technology Act
2000 and Rules there under.Our current Privacy Policy is available at Privacy.
Our current Privacy Policy is available at Privacy. f You object to Your
Information being transferred or used in this way please do not use Platform.
If You object to Your Information being transferred or used in this way please
do not use Platform.
We may share
personal information with our other corporate entities and affiliates. These
entities and affiliatesmay market to you as a result of such sharing unless you
explicitly opt-out.
We may disclose
personal information to third parties. This disclosure may be required for us
to provide youaccess to our Services, to comply with our legal obligations, to
enforce our User Agreement, to facilitate our marketing and advertising activities,
or to prevent, detect, mitigate, and investigate fraudulent or illegal
activities related to our Services. We do not disclose your personal
information to third parties for their marketing and advertising purposes
without your explicit consent.
We may disclose
personal information if required to do so by law or in the good faith belief
that such disclosure is reasonably necessary to respond to subpoenas, court
orders, or other legal process. We may disclose personal information to law
enforcement offices, third party rights owners, or others in the good faith
belief that such disclosure is reasonably necessary to: enforce our Terms or
Privacy Policy; respond to claims that an advertisement, posting or other
content violates the rights of a third party; or protect the rights, property
or personal safety of our users or the general public.
We and our
affiliates will share / sell some or all of your personal information with
another business entity should we (or our assets) plan to merge with, or be
acquired by that business entity, or re-organization, amalgamation,
restructuring of business. Should such a transaction occur that other business
entity (or the new combined entity) will be required to follow this privacy
policy with respect to your personal information.
Disclaimer of Warranties and Liability
This Platform, all
the materials and products (including but not limited to software) and
services, included on or otherwise made available to You through this site are
provided on "as is" and "as available" basis without any
representation or warranties, express or implied except otherwise specified in
writing. Without prejudice to the forgoing paragraph, VI Cart does not warrant
that:
This Platform will
be constantly available, or available at all; or
The information on
this Platform is complete, true, accurate or non-misleading.
VI Cart will not be
liable to You in any way or in relation to the Contents of, or use of, or
otherwise in connection with, the Platform. VI Cart does not warrant that this
site; information, Content, materials, product (including software) or services
included on or otherwise made available to You through the Platform; their
servers; or electronic communication sent from Us are free of viruses or other
harmful components.
Nothing on Platform
constitutes, or is meant to constitute, advice of any kind. All the Products
sold on Platform are governed by different state laws and if Seller is unable
to deliver such Products due to implications of different state laws, Seller
will return or will give credit for the amount (if any) received in advance by
Seller from the sale of such Product that could not be delivered to You.
You will be
required to enter a valid phone number while placing an order on the Platform.
By registering Your phone number with us, You consent to be contacted by Us via
phone calls, SMS notifications, mobile applications and/or any other electronic
mode of communication in case of any order or shipment or delivery related
updates. We will not use your personal information to initiate any promotional
phone calls or SMS.
Selling
As a registered
seller, you are allowed to list item(s) for sale on the Platform in accordance
with the Policies which are incorporated by way of reference in this Terms of
Use. You must be legally able to sell the item(s) you list for sale on our
Platform. You must ensure that the listed items do not infringe upon the
intellectual property, trade secret or other proprietary rights or rights of
publicity or privacy rights of third parties. Listings may only include text
descriptions, graphics and pictures that describe your item for sale. All
listed items must be listed in an appropriate category on the Platform. All
listed items must be kept in stock for successful fulfilment of sales.
The listing
description of the item must not be misleading and must describe actual
condition of the product. If the item description does not match the actual
condition of the item, you agree to refund any amounts that you may have
received from the Buyer. You agree not to list a single product in multiple
quantities across various categories on the Platform. VI Cart reserves the
right to delete such multiple listings of the same product listed by you in
various categories.
Services
Payment
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:
1.
Lack of authorization for any transaction/s, or
2.
Exceeding the preset limit mutually agreed by You and between
"Bank/s", or
3.
Any payment issues arising out of the transaction, or
4.
Decline of transaction for any other reason/s
All payments made
against the purchases/services on Platform by you shall be compulsorily in
Indian Rupees acceptable in the Republic of India. Platform will not facilitate
transaction with respect to any other form of currency with respect to the
purchases made on Platform.
Before shipping /
delivering your order to you, Seller may request you to provide supporting
documents (including but not limited to Govt. issued ID and address proof) to
establish the ownership of the payment instrument used by you for your
purchase. This is done in the interest of providing a safe online shopping
environment to Our Users.
Further:
1.
Transactions, Transaction Price and all commercial terms such as
Delivery, Dispatch of products and/or services are as per principal to
principal bipartite contractual obligations between Buyer and Seller and
payment facility is merely used by the Buyer and Seller to facilitate the
completion of the Transaction. Use of the payment facility shall not render VI
Cart liable or responsible for the non-delivery, non-receipt, non-payment,
damage, breach of representations and warranties, non-provision of after sales
or warranty services or fraud as regards the products and /or services listed
on VI Cart 's Platform.
2.
You have specifically authorized VI Cart or its service providers to
collect, process, facilitate and remit payments and / or the Transaction Price
electronically or through Cash on Delivery to and from other Users in respect
of transactions through Payment Facility. Your relationship with VI Cart is on
a principal to principal basis and by accepting these Terms of Use you agree
that VI Cart is an independent contractor for all purposes, and does not have
control of or liability for the products or services that are listed on VI Cart
's Platform that are paid for by using the Payment Facility. VI Cart does not
guarantee the identity of any User nor does it ensure that a Buyer or a Seller
will complete a transaction.
3.
You understand, accept and agree that the payment facility provided by VI
Cart 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 VI Cart Platform using the existing authorized banking
infrastructure and Credit Card payment gateway networks. Further, by providing
Payment Facility, VI Cart is neither acting as trustees nor acting in a
fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility
for Buyers:
1.
You, as a Buyer, understand that upon initiating a Transaction You are
entering into a legally binding and enforceable contract with the Seller to
purchase the products and /or services from the Seller using the Payment
Facility, and You shall pay the Transaction Price through Your Issuing Bank to
the Seller using Payment Facility.
2.
You, as a Buyer, may agree with the Seller through electronic
communication and electronic records and using the automated features as may be
provided by Payment Facility on any extension / increase in the Dispatch and/or
Delivery time and the Transaction shall stand amended to such extent. Any such
extension / increase of Dispatch / Delivery time or subsequent novation /
variation of the Transaction should be in compliance with Payment Facility
Rules and Policies.
3.
You, as a Buyer, shall electronically notify Payment Facility using the
appropriate VI Cart Platform features immediately upon Delivery or non Delivery
within the time period as provided in Policies. Non notification by You of
Delivery or non Delivery within the time period specified in the Policies shall
be construed as a deemed Delivery in respect of that Transaction. In case of
Cash On Delivery transactions, Buyer is not required to confirm the receipt of
products or services.
4.
You, as a Buyer, shall be entitled to claim a refund of the Transaction
Price (as Your sole and exclusive remedy) in case You do not receive the
Delivery within the time period agreed in the Transaction or within the time
period as provided in the Policies, whichever is earlier. In case you do not
raise a refund claim using Platform features within the stipulated time than
this would make You ineligible for a refund.
5.
You, as a Buyer, understand that the Payment Facility may not be
available in full or in part for certain category of products and/or services
and/or Transactions as mentioned in the Policies and hence You may not be
entitled to a refund in respect of the Transactions for those products and /or
services
6.
Except for Cash On Delivery transaction, refund, if any, shall be made
at the same Issuing Bank from where Transaction Price was received, or through
any other method available on the Platform, as chosen by You.
7.
For Cash On Delivery transactions, refunds, if any, will be made via
electronic payment transfers.
8.
Refund shall be made in Indian Rupees only and shall be equivalent to
the Transaction Price received in Indian Rupees.
9.
For electronics payments, refund shall be made through payment facility
using NEFT / RTGS or any other online banking / electronic funds transfer
system approved by Reserve Bank India (RBI).
10. 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 us
for processing the refund.
11. Refund shall be
conditional and shall be with recourse available to VI Cart in case of any
misuse by Buyer.
12. We may also request
you for additional documents for verification.
13. Refund shall be
subject to Buyer complying with Policies.
14. VI Cart reserves
the right to impose limits on the number of Transactions or Transaction Price
which VI Cart may receive from on 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.
15. VI Cart reserves
the right to refuse to process Transactions by Buyers with a prior history of
questionable charges including without limitation breach of any agreements by
Buyer with VI Cart or breach/violation of any law or any charges imposed by
Issuing Bank or breach of any policy.
16. VI Cart may do such
checks as it deems fit before approving the receipt of/Buyers commitment to pay
(for Cash On Delivery transactions) Transaction Price from the Buyer for
security or other reasons at the discretion of VI Cart. As a result of such
check if VI Cart is not satisfied with the creditability of the Buyer or
genuineness of the Transaction or other reasons at its sole discretion, VI Cart
shall have the right to reject the receipt of / Buyers commitment to pay
Transaction Price. For avoidance of doubt, it is hereby clarified that the
‘Cash on Delivery’ feature for payment, may be disabled for certain account
users, at the sole discretion of VI Cart.
17. VI Cart may delay
notifying the payment confirmation i.e. informing Seller to Dispatch, if VI
Cart deems suspicious or for Buyers conducting high transaction volumes to
ensure safety of the Transaction and Transaction Price. In addition, VI Cart
may hold Transaction Price and VI Cart may not inform Seller to Dispatch or
remit Transaction Price to law enforcement officials (instead of refunding the
same to Buyer) at the request of law enforcement officials or in the event the
Buyer is engaged in any form of illegal activity.
18. The Buyer and
Seller acknowledge that VI Cart 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 VI Cart.
Compliance with
Laws:
1.
As required by applicable law, if the Customer makes a purchase of an
amount equal to or above INR 2 00 000.00, the Customer will be required to
upload a scanned copy of his/her PAN card on the Platform, within 4 days of
making the purchase, failing which, the purchase made by the Customer will be
cancelled. The requirement to submit the PAN card arises only once and if it
has been submitted once by the Customer, it need not be submitted again. The
order of the Customer shall stand cancelled if there is a discrepancy between
the name of the Customer and the name on the PAN Card.
2.
Buyer and Seller shall comply with all the applicable laws (including
without limitation Foreign Exchange Management Act, 1999 and the rules made and
notifications issued there under 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 Payment Facility
and VI Cart Platform.
Buyer's arrangement
with Issuing Bank:
1.
All Valid Credit / Debit/ Cash Card/ and other payment instruments are
processed using a Credit Card 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.
2.
All Online Bank Transfers from Valid Bank Accounts are processed using
the gateway provided by the respective Issuing Bank which support Payment
Facility to provide these services to the Users. All such Online Bank Transfers
on Payment Facility are also governed by the terms and conditions agreed to
between Buyer and the respective Issuing Bank.
VI Cart 's Replacement Guarantee*
VI Cart 's
Replacement Guarantee seeks to assist Buyers who have been defrauded by
qualified sellers on the Platform. The return policy period (VI Cart 's
Replacement Guarantee) depends on the product category and the seller. Kindly
click here to know the return policy period applicable for different
categories. If at the time of delivery and/or within the applicable return
policy period, if any defect is found, then the buyer of the product/s can ask
for replacement of the product/s from the seller subject to the following terms
and conditions
1.
Notify seller of any defects in the product/s at the time of delivery of
the product/s and/or within the applicable return policy period and the same
product/s will be replaced in return of the defective product/s.
2.
Replacement can be for the entire product/s or part/s of the product
subject to availability of the same with the seller.
Following products
shall not be eligible for return or replacement:
a. Damages due to
misuse of product;
b. Incidental
damage due to malfunctioning of product;
c. Any consumable
item which has been used/installed;
d. Products with
tampered or missing serial/UPC numbers;
e. Digital
products/services (Flyte music downloads)
f. Any
damage/defect which are not covered under the manufacturer's warranty
g. Any product that
is returned without all original packaging and accessories, including the box,
manufacturer's packaging if any, and all other items originally included with
the product/s delivered;
h. Jewellery which
is 'made to order' on customer's request
On Clothing and
Footwear, qualified sellers accept 30 day exchange subject to the following
conditions:
Clothes and
footwear are not used (other than for trial), altered, washed, soiled or
damaged in any way.
Original tags and
packaging should be intact. For items that come in branded packaging, the box
should be undamaged.
Returns are not
applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing
freebies, etc.
Damaged or
defective or 'Not as described' products in Lifestyle category (includes
clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement
Guarantee. Kindly click here to know the return policy period (Replacement
Guarantee) applicable for different categories.
If VI Cart has any
suspicion or knowledge that any of its buyers and sellers are involved in any
activity that is intended to provide claims or information that is false or not
genuine, VI Cart may also, while reserving its rights to initiate civil and/or
criminal proceedings against such member buyers and sellers, at its sole
discretion, suspend, block, restrict, cancel the Display Name of such buyers
and sellers and/or disqualify that user and any related users from availing
protection through this program. Customers who have been blocked for any
suspicious or fraudulent activity on VI Cart will not be allowed to return
their products.
VI Cart reserves
its right to initiate civil and/or criminal proceedings against a user who,
files a invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, VI
Cart may at its sole discretion suspend, block, restrict, cancel the Display
Name [and its related Display Names] of such user and/or disqualify that user
and any related users from availing protection through this program. Any person
who, knowingly and with intent to injure, defraud or deceive, files a
Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest
extent of the law.
Exchange Offers:
By participating in
the exchange I confirm that I am the sole and absolute owner and/or user of the
product mentioned above (device).
I confirm that
device which I am exchanging under the buyback program is genuine and is not
counterfeit, free from any and all encumbrances, liens, attachments, disputes,
legal flaws, exchange or any Agreement of Sale etc. and I have got the clear
ownership of the said device.
You agree to
indemnity and keep indemnifying VI Cart.com and any future buyer of the device
against all or any third party claims, demand, cost, expenses including
attorney fees which may be suffered, incurred, undergone and / or sustained by VI
Cart.com, its affiliates or any future buyer due to usage of the device by you
till date and you undertake to make good the same.
I confirm that all
the data in the said device will be erased before handing it over under buy
back program. I also confirm that in spite of erasing the data manually/electronically,
if any data still accessible due any technical reason, VI Cart.com, Seller or
the Manufacturer shall not be responsible for the same and I will not approach VI
Cart.com for any retrieval of the data.
I hereby give my
consent that my personal information that I have provided in connection with
this buyback program might be processed, transferred and retained by the
retailer and other entities involved in managing the program for the purposes
of validating the information that I provided herein and for the administration
of the program.
I agree to
indemnity and keep indemnifying the VI Cart.com and any future buyer of the old
device against all or any third party claims, demand, cost, expenses including
attorney fees which may be suffered, incurred, undergone and / or sustained by VI
Cart.com, its affiliates or any future buyer due to usage of the device by me
till date and I undertake to make good the same.
I understand once a
device is sent by me to VI Cart, in no scenario can this device be returned
back to me.
I understand that
the new device delivery and the old device pickup will happen simultaneously
(hand in hand) and I shall keep the old device ready to be given for exchange.
Products
distributed as gifts from state sponsored or NGO funded distribution programs
are not accepted for exchange under exchange offers.
Digital Content: Music
Music (MP3 format):
Only certain short listed Seller (at the sole discretion of VI Cart) shall be
entitled to sell Music (MP3 format) on the Platform. You may be able to
purchase DRM-free digital music in MP3 file format on the Platform from the
respective Sellers. Such MP3 music files shall be provided to You as per
selection provided by Seller, subject to certain limitations as described by the
Seller. You shall be granted specified download rights of DRM-free MP3 music
files from the catalogue of MP3 music displayed on the Platform. The MP3 music
may include full-length MP3 audio tracks at best available bit rate and certain
other premium features, as may be provided on the Platform by respective
Sellers from time to time.
Territory:
Currently You can purchase downloadable digital MP3 music only through the
Platform and Flyte Music Application as may be made available from time to time
on the Platform, only within the territory of India.
Rights Granted:
Music download right is a non-exclusive, non-transferable right to use for your
personal, non-commercial, entertainment use, subject to and in accordance with
the Terms of Use. You may copy, store, transfer and burn the MP3 music file
only for your personal, non-commercial, entertainment use, subject to and in
accordance with the Terms of Use. You represent, warrant and agree that You
will use the MP3 music file only for your personal, non-commercial,
entertainment use and not for any redistribution of the same or other use
restricted in this Section. You agree not to infringe the rights of the
copyright owners and to comply with all applicable laws in your use of the MP3
music file. You agree that You will not redistribute, transmit, assign, sell,
broadcast, rent, share, lend, modify, adapt, edit, license or otherwise
transfer or use MP3 music file. You are not granted any synchronization, public
performance, promotional use, commercial sale, resale, reproduction or
distribution rights for MP3 music file. You acknowledge that the MP3 music file
embodies the intellectual property of a third party and is protected by law.
Explicit Consent:
You agree that we shall have no liability to You for MP3 music file downloaded
by You on the Platform if You find the same to be offensive, indecent or
objectionable and expressions through the audio files are not subscribed by us.
Cash on Delivery as
a mode of payment is not available for purchasing MP3 music on the Platform
currently.
All Sales Final;
Downloading and Risk of Loss; Availability of MP3 music files: All sales of MP3
music files are final. Returns of MP3 music files are not permissible on
Platform. Once You have purchased MP3 music files, VI Cart encourages You to
download it promptly. If You are unable to complete a download, please contact
customer service within 6 hours of the payment.
Further VI Cart
assumes no liability if your media player does not support the file format made
available by the Seller on the Platform or your browser does not support the
music download application / software available by the Seller on the Platform,
by whatever name called.
You bear all risk
of loss after purchase and for any loss of MP3 music files You have downloaded,
including any loss due to a computer or hard drive crash.
Seller may, from
time to time, at its sole discretion, remove MP3 music files from the Service
without notice.
Intellectual
Property Rights: It is hereby specifically recorded that the copyright and
other Intellectual Property in the music available on the Platform is the sole
and exclusive property of third parties. Seller represents and warrants that
Sellers are authorized by such third parties to upload the music on the
Platform for license of use to the end customers. Intellectual Property Rights
for the purpose of this Terms of Use shall always mean and include copyrights
whether registered or not, patents including rights of filing patents,
trademarks, trade names, trade dresses, house marks, collective marks,
associate marks and the right to register them, designs both industrial and
layout, geographical indicators, moral rights, broadcasting rights, displaying
rights, distribution rights, selling rights, abridged rights, translating rights,
reproducing rights, performing rights, communicating rights, adapting rights,
circulating rights, protected rights, joint rights, reciprocating rights,
infringement rights. All those Intellectual Property rights arising as a result
of domain names, internet or any other right available under applicable law
shall vest in the domain of VI Cart as the owner of such domain name. The
Parties hereto agree and confirm that no part of any Intellectual Property
rights mentioned hereinabove is transferred in the name of User and any
intellectual property rights arising as a result of these presents shall also
be in the absolute ownership, possession and Our control or control of its
licensors, as the case may be.
Your request to
download a MP3 music file is personal to You, and the track may not be used,
sold, rented, transferred, licensed or otherwise provided to any other User.
The license to downloaded tracks includes only those rights explicitly stated
herein (typically, the right to play back for your own personal use from your
personal computer, CD player, digital player, or other personal consumer
electronic device), and, for the avoidance of doubt, does not include the right
to create a derivative work, to make copies other than for your own personal
use, or to use the track in any commercial manner. You shall promptly notify Us
in writing upon your discovery of any unauthorized use or infringement.
Software: Seller
may make available to You, from time to time, software for Your use in
connection with the download of MP3 music files (any and all such software,
individually and collectively, the "Software").
You may use the
Software only in connection with the download of MP3 music files on the
Platform. You may not separate any individual component of the Software for use
other than in connection to the download, may not incorporate any portion of it
into Your own programs or compile any portion of it in combination with your
own programs, may not transfer it for use with another service, or use it, or
any portion of it, over a network and may not sell, rent, lease, lend, loan,
distribute or sub-license the Software or otherwise assign any rights to the
Software in whole or in part. Seller may discontinue some or all of any
Software Seller provide, and Seller may terminate your right to use any
Software at any time and in such event may modify it to make it inoperable.
Without limiting
the Disclaimer of Warranties and Limitation of Liability in this terms of use,
(i) in no event shall Our or software licensors' total liability to You for all
damages arising out of or related to your use or inability to use the Software
and / or download manager or any other application exceed the amount of ₹20;
and (ii) in no event shall Our or Our Digital Content providers' total
liability to You for all damages arising from your use of the Service, the
Digital Content, or information, materials or products included on or otherwise
made available to You through the Service (excluding the Software), exceed the
amount You paid to purchase, on the Service, the Digital Content related to
Your claim for damages.
Digital Content: eBooks
ebook (ePub
format): You will be able to purchase DRM-encrypted eBooks in ePub file format
on the VI Cart Platform and the Flyte eBooks application. Such ePub files shall
be provided to you as per your selection, subject to certain limitations as
described herein. You shall be granted specified download rights of
DRM-encrypted ePub files from the catalog of eBooks displayed on the Platform.
Download rights:
You will need to be registered with VI Cart to make an ebook purchase. The
eBooks which you purchase from the VI Cart Platform or Flyte eBooks application
shall be added in your VI Cart eBooks library from where you can download the
eBooks onto your device(/s). Each downloaded ebook is locked to the User
account and the downloader device. These downloaded eBooks cannot be
transferred onto other devices. Each device used by you will have to be synced
with your online eBooks library. You can sync a maximum of six(6) devices
against your user account. You can download the eBooks to your mobile or tablet
devices for offline reading and can read the eBooks using the Flyte eBooks
Application only.
Flyte eBooks
application: Flyte eBooks application will enable you to read the digital books
purchased from the Flyte eBooks store, on your mobile or tablet devices. The
app also has an in-app Flyte eBooks store where the user can quickly purchase
eBooks. The Flyte eBooks app will be available in the Android platform. The
Android app will be compatible with both mobiles and tablet devices. You can
download the Flyte eBooks android app for free from the VI Cart Platform and
also Google Play.
Territory:
Currently you can purchase downloadable eBooks only through the Platform and
Flyte eBooks Application as may be made available from time to time on the
Platform, only within the territory of India. You have to be within the Indian
Territory to even download the already purchased files from your VI Cart eBooks
library.
DRM Specifications:
The DRM (Digital Rights Management) enables us to restrict certain permissions.
The Flyte DRM specifications restrict the following permissions:
Default Restrictions |
VI Cart Settings |
Printing |
Not Allowed |
Copying |
Not Allowed |
Side-Loading
(from one device to other) |
Not Allowed |
e-mailing |
Not Allowed |
Saving Images |
Not Allowed |
Read out aloud |
Not Allowed |
Number of
distinct devices for file downloading |
Allowed (Six) |
Social media
sharing |
140 word |
Rights Granted:
Upon your payment of our fees for ebook, we grant you a non-exclusive,
non-transferable right to use the downloaded ebook for your personal,
non-commercial, entertainment use, subject to and in accordance with the Terms
of Use. You may store the ebook only for your personal, non-commercial,
entertainment use, subject to and in accordance with the Terms of Use.
You represent,
warrant and agree that you will use the ebook only for your personal,
non-commercial, entertainment use and not for any redistribution of the same or
other use restricted in this Section. You agree not to infringe the rights of
the copyright owners and to comply with all applicable laws in your use of the
ebook. You agree that you will not redistribute, transmit, assign, sell,
broadcast, rent, share, lend, modify, adapt, edit, license or otherwise
transfer or use ebook.
You are not granted
any synchronization, public performance, promotional use, commercial sale,
resale, reproduction or distribution rights for ebook. You acknowledge that the
ebook embodies the intellectual property of a third party and is protected by
law.
Explicit Consent:
You agree that we shall have no liability to you for ebook downloaded by You on
the Platform or Flyte Apps if you find the same to be offensive, indecent or
objectionable.
Payment: The Price
List for each downloadable ebook displayed on the Platform represents the full
retail price (inclusive of all taxes unless specified otherwise) for said
downloadable ebook. You shall pay for such downloadable ebook using one of the
payment options available on the Platform.
The Price List
mentions the prices of each downloadable ebook and the User shall pay in Indian
Currency (i.e. Indian Rupee). We reserve our right to change the prices of the
ebook and services and the availability of the same at our sole discretion.
VI Cart will allow
the user to buy ebook using the following forms of payments.
--> Credit Cards
--> Internet
Banking
--> Debit Cards
--> VI Cart
Wallet
--> any other
mode of payment, as may be decided and made available on the Platform.
Please note that
payment can be made only in India Rupees and all the above payment instruments
must have been issued by entities operating in India and subject to Indian
regulations.
Cash on Delivery as
a mode of payment is not available for purchasing ebook on the Platform
currently.
Payment made by
credit card or any other mode as mentioned above should be received by us on
time. If for any reason we do not receive payment from the credit card issuer
or any agent involved in any of the above payment modes, You agree that you
shall pay all amounts due upon demand by us.
All Sales Final;
Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are
final. We do not accept returns of eBooks. Once you have purchased eBooks, we encourage
you to download it promptly. If you are unable to complete a download, please
contact customer service within 30 days of the payment. The ebook will be
removed from your library and the amount that was charged during the payment
will be refunded in the form of store credit. The eBooks will also be replaced
in cases of genuine technical errors as mentioned in the replacement policy.
You bear all risk
of loss after purchase and for any loss of eBooks you have downloaded,
including any loss due to a computer or hard drive crash. We may, from time to
time, at our sole discretion remove eBooks from the Service without notice.
Intellectual
Property Rights: It is hereby specifically recorded that the copyright and
other Intellectual Property in the ebook available on the Platform is the sole
and exclusive property of third parties. We are authorised by such third
parties to upload the ebook on the Platform for license of use to the end
customers. Intellectual Property Rights for the purpose of this Agreement shall
always mean and include copyrights whether registered or not, patents including
rights of filing patents, trademarks, trade names, trade dresses, house marks,
collective marks, associate marks and the right to register them, designs both
industrial and layout, geographical indicators, moral rights, broadcasting
rights, displaying rights, distribution rights, selling rights, abridged
rights, translating rights, reproducing rights, performing rights,
communicating rights, adapting rights, circulating rights, protected rights,
joint rights, reciprocating rights, infringement rights. All those Intellectual
Property rights arising as a result of domain names, internet or any other
right available under applicable law shall vest in the domain of VI Cart Internet
Private Limited as the owner of such domain name. The Parties hereto agree and
confirm that no part of any Intellectual Property rights mentioned hereinabove
is transferred in the name of User and any intellectual property rights arising
as a result of these presents shall also be in the absolute ownership,
possession and our control or control of its licensors, as the case may be.
Your request to
download an ebook is personal to you, and the ebook may not be used, sold,
rented, transferred, licensed or otherwise provided to any other user. The
license to downloaded eBooks includes only those rights explicitly stated
herein (typically, the right to read the ebook in Flyte eBooks Application),
and, for the avoidance of doubt, does not include the right to create a
derivative work, to make copies, or to use the ebook in any commercial manner.
You shall promptly notify us in writing upon your discovery of any unauthorized
use or infringement.
Software: We may
make available to you, from time to time, software or updates for your use in
connection with the download of eBooks (any and all such software, individually
and collectively, the "Software").
You may use the
Software only in connection with the download of eBooks on the Platform. You
may not separate any individual component of the Software for use other than in
connection to the download, may not incorporate any portion of it into Your own
programs or compile any portion of it in combination with your own programs,
may not transfer it for use with another service, or use it, or any portion of
it, over a network and may not sell, rent, lease, lend, loan, distribute or
sub-license the Software or otherwise assign any rights to the Software in
whole or in part. We may discontinue some or all of any Software we provide,
and we may terminate your right to use any Software at any time and in such
event may modify it to make it inoperable.
Without limiting
the Disclaimer of Warranties and Limitation of Liability in this terms of use,
in no event shall our or our and/or our Digital Content providers' total
liability to You for all damages arising from your use of the Service, the
Digital Content, or information, materials or products included on or otherwise
made available to You through the Service (excluding the Software), exceed the
amount You paid to purchase, on the Service, the Digital Content related to
Your claim for damages.
Digital Content: VI Cart Ideas
1.
These Terms of Service (“Terms”) govern your access to and use of VI
Cart Ideas (hereinafter referred to as “Content”). By viewing the Contents you
agree to be bound by these Terms. Content posted on the Platform is public and
can be viewed by everyone who can see the Page.
2.
VI Cart is hosting the Content generated by third party users (“Content
Owner”), within the FK Platform for convenience of Platform Users, and as such,
VI Cart has no ownership or control whatsoever in the Contents displayed. The
Contents posted by the Content Owners are of personal views wherein VI Cart
plays no role in creating/developing the Content. You are responsible for your
use of the Platform for viewing the Content.
3.
By hosting the Content on the Platform, VI Cart is neither guaranteeing
nor giving any warranty nor making any representation with respect to the
Contents. VI Cart is neither endorsing the views, products or the Services, nor
is it responsible for quality or features of the content displayed on the
Platform.
4.
Any information on the Platform, whether the content or any other
information, have not been verified by VI Cart, therefore, VI Cart shall not be
responsible for any such content or information. VI Cart will not bear any
obligation or liability if You rely on the Contents.
5.
If You choose to view or rely, VI Cart will neither be a party to nor in
any manner concerned with the same nor be liable or responsible for any act or
omission of the Content Owner.
6.
You hereby acknowledge that the Contents are created and owned by
Content Owners who own all the rights including the copyrights in the contents.
The Contents are available on the Platform for personal use only and you shall
not use it for any commercial, promotional, resale or further distribution
purposes.
7.
Any use or reliance on any Content or materials obtained by you through
the Content is at your own risk. We do not endorse, support, represent or
guarantee the completeness, truthfulness, accuracy, or reliability of any
Content or communications posted on the Platform or endorse any opinions
expressed via the contents. You understand that by using the Platform, you may
be exposed to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. All Content is the sole responsibility of the person who originated
such Content. VI Cart may not monitor or control the Content posted on the
Platform and, we do not take responsibility for such Content.
8.
We reserve the right to remove Content that violates the Terms of Use,
including for example, copyright or trademark violations, impersonation,
unlawful conduct, or harassment.
9.
If you see an offensive, abusive, or any unlawful content on the
Platform, you can report it to ideas-support@ VI Cart.com
10. You may find
content that offends you or that you simply don’t like, but that doesn’t
violate the content guidelines. If that happens, you can unfollow the user who
posted it or hide the post
11. Your access to and
use of the Services or any Content are at your own risk. You understand and
agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE”
basis. VI Cart makes no warranty or representation and disclaim all
responsibility and liability for: (i) the completeness, accuracy, availability,
timeliness, security or reliability of any Content; (ii) any harm to your
computer system, loss of data, or other harm that results from your access to
or use of any Content; (iii) the deletion of, or the failure to store or to
transmit, any Content and other communications maintained by the Services; and
(iv) whether the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information, whether
oral or written, obtained through the Content, will create any warranty or
representation not expressly made herein.
12. By using the
Services you agree that VI Cart, its parents, affiliates, related companies,
officers, directors, employees, agents representatives, partners and licensors,
liability is limited to the maximum extent permissible by Law.
13. We may revise these
Terms from time to time.
Digital Content: VI Cart Video
1. These Terms of
Service (“Terms”) govern your access to and use of VI Cart Video (hereinafter
referred to as “Content”). By viewing the Contents you agree to be bound by
these Terms. Content posted on the Platform is public and can be viewed by
everyone who can see the Page.
2. The Content is
being hosted on VI Cart mobile App only (“Platform”), that is owned and
operated by SVG Express Services (P)Ltd. (“VI Cart”, “We”
or “Our”).
3. Use of VI Cart Services
is available only to persons who can form a legally binding contract under the
Indian Contract Act, 1872.You must be 18 years of age, to avail the Services.
Minors may only use the service under the supervision of an adult.
4. VI Cart is hosting
the Content generated by third parties (“Platform Partners/Content Owners”) as
well as VI Cart (“VI Cart Original”) (collectively referred as “Content”) ,
within the FK Platform for convenience of Platform Users free of cost that will
allow you to access the digital Content.. As such, VI Cart has no ownership or
control whatsoever in the Contents displayed which are third party generated.
The Contents posted (other than VI Cart Originals) are third party generated
contents wherein VI Cart plays no role in creating/developing the Content. You
are responsible for your use of the Platform for viewing the Content.
5. By hosting the
Content on the Platform, VI Cart is neither guaranteeing nor giving any
warranty nor making any representation with respect to the Contents. VI Cart is
neither endorsing the views, products or the Services, nor is it responsible
for quality or features of the content displayed on the Platform.
6. Any information on
the Platform, whether the content or any other information (other than VI Cart
Original), have not been verified by VI Cart, therefore, VI Cart shall not be
responsible for any such content or information. VI Cart will not bear any
obligation or liability if You rely on the Contents.
7. If You choose to
view or rely, VI Cart will neither be a party to nor in any manner concerned
with the same nor be liable or responsible for any act or omission of the
Content Owner.
8. You hereby
acknowledge that the Contents are created and owned by Content Owners who own
all the rights including the copyrights in the contents. The Contents are
available on the Platform for personal and non-commercial use only and you
shall not use it for any commercial, promotional, resale, further distribution
or any other unauthorized purposes. You agree not to use the service for public
performances.
9. You further
acknowledge that all the intellectual property rights contained in VI Cart
Original contents are solely owned by VI Cart. During your VI Cart membership
we grant you a limited, non-exclusive, non-transferable, revocable right to
access the VI Cart Video service and view the Content. Except for the
foregoing, no right, title or interest shall be transferred to you.
10. We can terminate
your account or place your account on hold in order to protect our/Partners
interest from an actual, probable or suspected theft or other fraudulent
activity.
11. Any use or reliance
on any Content or materials obtained by you through the Content is at your own
risk. We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications posted
on the Platform or endorse any opinions expressed via the contents. You
understand that by using the Platform, you may be exposed to Content that might
be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases,
postings that have been mislabeled or are otherwise deceptive. All Content is
the sole responsibility of the Content Owners who originated such Content. VI
Cart may not monitor or control the Content posted on the Platform and, we do
not take responsibility for such Content.
12. We reserve the
right to remove Content that violates the Terms of Use, including for example,
copyright or trademark violations, impersonation, unlawful conduct, or harassment.
13. We may use
information such as device ID, location or an account email address used with
an existing VI Cart account to determine eligibility and any offers therof.
14. We may share
personal information with our other corporate entities and Platform Partners
only for the purposes of giving enhanced customer services. You hereby consent
to sharing your information with Third parties unless you specifically opt out.
Also, your access to the Services may also be occasionally suspended or
restricted to allow for repairs, maintenance, or the introduction of new
facilities or services at any time without prior notice. We will attempt to
limit the frequency and duration of any such suspension or restriction.
15. If you see an
offensive, abusive, or any unlawful content on the Platform, you can report it
to customer care of VI Cart.
16. Your access to and
use of the Services or any Content are at your own risk. You understand and
agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE”
basis. VI Cart makes no warranty or representation and disclaim all
responsibility and liability for: (i) the completeness, accuracy, availability,
timeliness, security or reliability of any Content; (ii) any harm to your
computer system, loss of data, or other harm that results from your access to
or use of any Content; (iii) the deletion of, or the failure to store or to
transmit, any Content and other communications maintained by the Services; and
(iv) whether the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information, whether
oral or written, obtained through the Content, will create any warranty or
representation not expressly made herein.
17. By using the
Services you agree that VI Cart, its parents, affiliates, related companies,
officers, directors, employees, agents representatives, partners and licensors,
liability is limited to the maximum extent permissible by Law.
18. You shall indemnify
and hold harmless VI Cart its owner, licensee, affiliates, subsidiaries, group
companies, partners (as applicable) and their respective officers, directors,
agents, and employees from any claim, 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 ToU, privacy policy and other policies or your violation
of any law, rules, regulations or the rights (including infringement of
intellectual property rights) of a third party.
19. Governing laws: The
ToU shall be governed, interpreted, and construed in accordance with the laws
of India. The place of jurisdiction shall exclusively be Bangalore.
20. We may revise these
Terms from time to time.
Indemnity
You shall indemnify
and hold harmless VI Cart, its owner, licensee, affiliates, subsidiaries, group
companies (as applicable) 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 this Terms of Use, privacy Policy and other Policies, or Your
violation of any law, rules or regulations or the rights (including
infringement of intellectual property rights) of a third party.
Applicable Law
Terms of Use shall
be governed by and interpreted and construed in accordance with the laws of
India. The place of jurisdiction shall be exclusively in Bangalore.
Jurisdictional Issues/Sale in India Only
Unless otherwise
specified, the material on the Platform is presented solely for the purpose of sale
in India. VI Cart make no representation that materials in the Platform are
appropriate or available for use in other locations/Countries other than India.
Those who choose to access this site from other locations/Countries other than
India do so on their own initiative and VI Cart is not responsible for supply
of products/refund for the products ordered from other locations/Countries
other than India, compliance with local laws, if and to the extent local laws
are applicable.
Trademark, Copyright and Restriction
This site is
controlled and operated by VI Cart and products are sold by respective Sellers.
All material on this site, including images, illustrations, audio clips, and
video clips, are protected by copyrights, trademarks, and other intellectual
property rights. Material on Platform is solely for Your personal,
non-commercial use. You must not copy, reproduce, republish, upload, post,
transmit or distribute such material in any way, including by email or other
electronic means and whether directly or indirectly and You must not assist any
other person to do so. Without the prior written consent of the owner,
modification of the materials, use of the materials on any other Platform or
networked computer environment or use of the materials for any purpose other
than personal, non-commercial use is a violation of the copyrights, trademarks
and other proprietary rights, and is prohibited. Any use for which You receive
any remuneration, whether in money or otherwise, is a commercial use for the purposes
of this clause.
Trademark complaint
VI Cart respects
the intellectual property of others. In case You feel that Your Trademark has
been infringed, You can write to VI Cart at infringement@ VI Cart.com or ss@ VI
Cart.com.
Product Description
VI Cart we do not
warrant that Product description or other content of this Platform is accurate,
complete, reliable, current, or error-free and assumes no liability in this
regard.
Limitation of Liability
IN NO EVENT SHALL VI
Cart BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN
INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please [contact
us][] for any questions or comments (including all inquiries unrelated to
copyright infringement) regarding this Platform.
Grievance officer
In accordance with
Information Technology Act 2000 and rules made there under and the Consumer
Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance
Officer are provided below:
Mr. Vijay
SVG Express
Services (P)Ltd.
Plot no 62, Lane No-2,Gopalbari, Jaipur-302001
contact us
Email:
grievance.officer@vicart.com
Phone: 1800 208
9898
Time: Mon - Sat
(9:00 - 18:00)
POLICIES
Profanity Policy
VI Cart prohibits
the use of language that is racist, hateful, sexual or obscene in nature in a
public area.
This policy extends
to text within listings, on Seller pages and all other areas of the site that
another User may view. If the profane words are part of a title for the item
being sold, we allow Sellers to 'blur' out the bulk of the offending word with
asterisks (i.e., s*** or f***).
Please report any
violations of this policy to the correct area for review:
·
Report offensive Display Names
·
Report offensive language in a listing or otherwise
If a feedback
comment; or any communication made between Users on the Platform; or email
communication between Users in relation to transactions conducted on Platform
contain profanity, please review Our feedback removal policy and submit a
request for action/removal.
Disciplinary action
may result in the indefinite suspension of a User's account, temporary
suspension, or a formal warning.
VI Cart will
consider the circumstances of an alleged policy violation and the user's
trading records before taking action.
Violations of this
policy may result in a range of actions, including:
1.
Limits placed on account privileges;
2.
Loss of special status;
3.
Account suspension.
VI Cart shall have
the right to delete a product review posted by the customer at its sole
discretion, if it is of the opinion that the review contains offensive language
as stated above. Further, if VI Cart is of the opinion that the review unfairly
either: (i) causes disadvantage to a product; or (ii) increases the popularity
of the product, VI Cart shall have the right to delete the customer review. VI
Cart shall also, at its sole discretion have the right to blacklist the
customer from posting any further customer reviews.
Replacement
Guarantee*
The Replacement
Guarantee seeks to assist Buyers who have been defrauded by qualified sellers
on the Platform. If at the time of delivery and/or within specified days from
the date of delivery of the product/s, if any defect is found, then the buyer
of the product/s can ask for replacement of the product/s from the seller.
If VI Cart has
suspicion or knowledge, that any of its buyers and sellers are involved in any
activity that is intended to provide claims or information that is false,
misleading or not genuine, then VI Cart may while reserving its rights to
initiate civil and/or criminal proceedings against User may also at its sole discretion
suspend, block, restrict, cancel the Display Name of such buyer and seller and
/or disqualify that User and any related Users from availing protection through
this program.
VI Cart reserves
its right to initiate civil and/or criminal proceedings against a User who,
files a invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, VI
Cart may at its sole discretion suspend, block, restrict, cancel the Display
Name [and its related Display Names] of such User and/or disqualify that User
and any related Users from availing protection through this program. Any person
who, knowingly and with intent to injure, defraud or deceive, files a
Fraudulent Complaint containing false, incomplete, or misleading information
may be guilty of a criminal offence and will be prosecuted to the fullest
extent of the law.
For more details
related to Replacement Policy, refer to s/help/cancellation-returns
Returns Policy
Definition:
'Return' is defined as the action of giving back the item purchased by the
Buyer to the Seller on the VI Cart Platform. Following situations may arise:
1.
Item was defective
2.
Item was damaged during the Shipping
3.
Products was / were missing
4.
Wrong item was sent by the Seller.
Return could also
result in refund of money in most of the cases.
Points to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees a return request, Buyer can file a dispute under the
Buyer Protection Program*.
We encourage the
Buyer to review the listing before making the purchase decision. In case Buyer
orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer needs to
raise the return request within the return period applicable to the respective
product.Once Buyer has raised a return request by contacting Us on Our Toll
Free Number, Seller while closing the return ticket can select one of the
following:
1.
Replace after shipment collection - Seller has agreed to wait for the
logistics team to collect the shipment from the buyer before replacing it)
2.
Refund after shipment collection - Seller has agreed to wait for the
logistics team to collect the shipment from the buyer before refunding)
3.
Refund without shipment collection - Seller has agreed to refund the
buyer without expecting the original shipment back)
4.
Replace without shipment collection - Seller has agreed to replace the
order without expecting the original shipment back)
5.
On certain select days as specified by VI Cart (such as 'The Big Billion
Day') separate policies may be applicable.
In the event the
Seller accepts the return request raised by the Buyer, Buyer will have to
return the product and then the refund shall be credited to the Buyers account.
In case the Seller
doesn't close the ticket in 3 days from the date of intimation to the Seller
about the refund request, the refund request shall be settled in favor of the
Buyer.
Further for returns
being made by Buyer to the Seller of the product, the following parameters
needs to be ensured by the Buyer:
Category |
Condition |
Electronics |
Should be
included |
Clothing and
Footwear |
Should be
"New & Unworn" (other than for trial) |
Beauty, Health
& Personal Care |
Should be
"New & Unopened" |
Sports &
Equipment |
Should be
"New" and returned with original packaging |
Office Products |
Should be
"New" and returned with original packaging |
Jewellery |
Should be
"New" and returned with original packaging |
If the product
being returned is not in accordance with the above parameters, then Buyer shall
not be entitled to any refund of money from the Seller.
Shipping cost for
returning the product shall be borne and incurred by the Seller.
Replacement
Definition:
Replacement is the action or process of replacing something in place of
another. A Buyer can request for replacement whenever he is not happy with the
item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong
item shipped and the like.
Points to be noted:
1.
Seller can always accept the return irrespective of the policy.
2.
If Seller disagrees for a return request, Buyer can file a dispute under
Buyer Protection Program*.
Buyer needs to
raise the replacement request within the return period applicable to the
respective product. Once Buyer has raised a replacement request by contacting
Us on the Toll Free Number provided on the Platform. Once the replacement
request has been raised, the following steps shall be followed:
1.
Buyer is asked for "Reason for Return". Among others, the
following are the leading reasons:
2.
Shipping was damaged
3.
Item was defective
4.
Item Dead on Arrival
5.
Item(s) were missing
6.
Wrong item sent
7.
An intimation shall be provided to Seller seeking either
"approval" or "rejection" of the replacement request.
8.
In case the Seller accepts the replacement request, Buyer shall be
required to return the product to the Seller and only after return of the
product, Seller shall be obliged to provide the replacement product to the
Buyer.
9.
Incase Seller rejects the replacement request, Buyer can choose to raise
a dispute by writing to https://www. VI Cart.com/helpcentre.
In case the Seller
doesn't have the product at all, Seller can provide the refund to the Buyer and
Buyer shall be obligated to accept the refund in lieu of replacement. All the
product parameters shall be required to be complied with in cases of
replacement.
If the Seller
doesn't respond to the Buyer's replacement request, within three (3) days from
the date of replacement request placed by the Buyer, refund shall be processed
in favour of Buyer and Seller shall be liable to refund amount paid to the
Seller.
All shipping and
other replacement charges shall be borne and incurred by the Seller.
Disputes
(Resolutions) Policy
Overview
Generally,
transactions are conducted smoothly on VI Cart. However there may be some cases
where both the Buyers and Sellers may face issues. At VI Cart, we have a
Dispute Resolution process in order to resolve disputes between Buyers and
Sellers.
What is a
'dispute'?
A 'Dispute' can be
defined as a disagreement between a Buyer and a Seller in connection with a
transaction on the Platform.
How does a
'dispute' occur in the Marketplace?
Disputes are filed
as a result of a disagreement between the Buyer and the Seller. Disputes arise
out of an issue that is raised by either party not being completely satisfied
with the resolution of their complaint/issue.
It is important
that before a Buyer/Seller raises a dispute, they should attempt to solve the
issue. Please note that whenever a Buyer raises a dispute, the Seller's payment
for that order is put on hold immediately until the issue is resolved.
How is a 'dispute'
created?
Whenever there is a disagreement, the Buyer can write to https://www. VI Cart.com/helpcentre , while the Seller can write to ss@ VI
Cart.com, in order to raise a dispute. Disputes can be raised at a particular
transaction level.
What are the
various types of 'disputes'?
Following are the
indicative examples of potential disputes:
1.
Wrong item received
2.
Item Not as described
3.
Damaged or Seal broken on Product
4.
Part/Accessory missing
5.
Item not Compatible
6.
Seller Description/Specification Wrong
7.
Defective (Functional issues)
8.
Product not working and Manufacturer claims invalid Invoice
In case the Seller
rejects the return request of the Buyer, and Buyer raises a dispute, then VI
Cart will try to mediate and resolve the dispute between both the parties. If
the dispute is resolved in favour of the Buyer, a refund is provided once the
product is returned to the Seller. If the dispute is settled in favour of the
Seller, Buyer is entitled to any refund.
Buyer Protection
Program
In case of a
dispute where the Seller is unable to provide a refund or a replacement, VI
Cart will actively work towards reaching a resolution.
The Buyer
Protection Program covers Buyers who are unable to successfully resolve their
dispute with the Seller or are not satisfied the resolution provided by the
Seller.
The Buyer can write to https://www. VI Cart.com/helpcentre if
the issue with the Seller is not resolved. VI Cart 's Customer Support team
will look into the case to check for possible fraud and if the Buyer has been
blacklisted/blocked from making purchases on the Platform. Only after verifying
these facts, a dispute can be registered.
CS team will not
facilitate a conference call, CS team acts as the bridge between customer and
seller.
When a dispute has
been raised, VI Cart may provide both the parties access to each others Display
Names, contact details including email addresses and other details pertaining
to the dispute. Buyers and Sellers are subject to final consent from VI Cart
for settling the dispute.
Buyer Eligibility
and Restrictions
Only the Buyers who
have purchased the product on VI Cart are eligible for the Buyer Protection
Program.
Buyers can file a
dispute within 45 days from the date of delivery of the product
Any damage or loss
to the product after delivery will not be covered under this program and will
completely be the Buyer's responsibility. Buyers should refuse to accept
delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program, Buyers
should first contact the Seller and attempt to resolve the issue. If the Buyer
doesn't hear from the Seller or is unable to resolve the issue with the Seller
even after contact, a dispute can be raised with VI Cart by writing an email
to https://www. VI Cart.com/helpcentre
Fraudulent charges
and claims are not covered under Buyer Protection Program
If the Buyer has
already initiated chargeback through the credit card issuing bank, it will not
be covered under Buyer Protection Program, though in such cases a Seller can
file a claim through the Seller Protection Program.
Blacklisted and
Blocked Buyers are not covered by the Buyer Protection Program.
Buyers who have
reached their maximum lifetime limit for claims are also not eligible. Buyers
can make a maximum of 5 claims per year on VI Cart. If the claim was withdrawn,
it is not counted. The coverage amount will be limited to ₹50,000
Through the Buyer
Protection program, VI Cart does not provide any guarantee/warranty to Buyers
for products sold on VI Cart against technical/manufacturing defects.
Raising disputes
against Sellers does not automatically entitle the Buyer to a refund or
replacement for the product purchased. VI Cart shall verify the disputes so
raised and may process only such claims that are valid and genuine.
VI Cart shall at no
point be responsible for any direct or indirect losses, expenses, costs of any
nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the
nature of 'Buyer remorse' (i.e. instances where products are bought by the
Buyer by mistake or where the Buyer chooses to change his/her mind with regard
to the product purchased by him) will not be entertained through this program.
VI Cart reserves
its right to initiate civil and/or criminal proceedings against a User who,
files an invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, VI
Cart may at its sole discretion suspend, block, restrict, cancel the Display
Name [and its related Display Names] of such User and/or disqualify that user
and any related users from availing protection through this program.
Decisions made by VI
Cart under the Buyer Protection Program shall be final and binding on its
Users.
VI Cart reserves
the right to modify / discontinue Buyer Protection Program without any prior
notice period to its Users.
Through this
program, VI Cart shall not entertain claims of Buyers who have incurred loss
due to delayed shipment or delivery of the item by the Seller.
VI Cart Customer
Support Team may seek additional information / clarification from Buyer to
facilitate resolution of the dispute. In the event Buyer does not respond with
information / clarification sought within 10 days of such request, the dispute
shall be auto-closed in favour of the Seller.
Disputes via
Chargeback
Whenever a
chargeback (CB) comes from a payment gateway/bank, following situations may
arise:
1.
Item not received CB - Buyer hasn't received the item. Refund will be
created in accordance with the dispute policies
2.
Unauthorized CB - Buyer hasn't made this particular transaction. Refund
will be created in accordance with the dispute policies.
Seller expressly
agrees that issuing the correct and complete invoice is the sole and primary
responsibility of the Seller. Furthermore, Seller shall ensure that invoices
state "Powered by VI Cart " and failing to do so Seller will be
liable for chargebacks (as applicable).
1.
Item not as described - meaning item is not what Buyer expected. Dispute
will be decided in accordance with the dispute policies.
Email Abuse &
Threat Policy
Private
communication, including email correspondence, is not regulated by VI Cart. VI
Cart encourages its Users to be professional, courteous and respectful when
communicating by email.
However, VI Cart
will investigate and can take action on certain types of unwanted emails that
violate VI Cart policies.
Such instances:
Threats of Bodily
Harm - VI Cart does not permit Users to send explicit threats of bodily harm.
Misuse of VI Cart
System - VI Cart allows Users to facilitate transactions through the VI Cart
system, but will investigate any misuse of this service.
Spoof (Fake) email
- VI Cart will never ask you to provide sensitive information through email. In
case you receive any spoof (fake) email, you are requested to report the same
to Us through 'Contact Us' tab.
Spam (Unsolicited
Commercial email) - VI Cart 's spam policy applies only to unsolicited
commercial messages sent by VI Cart Users. VI Cart Users are not allowed to
send spam messages to other Users.
Offers to Buy or
Sell Outside of VI Cart - VI Cart prohibits email offers to buy or sell listed
products outside of the VI Cart Platform. Offers of this nature are a potential
fraud risk for both Buyers and Sellers.
VI Cart policy
prohibits user-to-user threats of physical harm via any method including,
phone, email and on Our public message boards.
Violations of this
policy may result in a range of actions, including:
·
Limits on account privileges
·
Account suspension
·
Cancellation of listings
·
Loss of special status
Other Businesses
VI Cart does not
take responsibility or liability for the actions, products, content and
services on the Platform, which are linked to Affiliates and / or third party
Platforms using Platform's APIs or otherwise. In addition, the Platform may
provide links to the third party Platforms of Our affiliated companies and
certain other businesses for which, VI Cart assumes no responsibility for
examining or evaluating the products and services offered by them. VI Cart do
not warrant the offerings of, any of these businesses or individuals or the
content of such third party Platform(s). VI Cart does not endorse, in any way,
any third party Platform(s) or content thereof.
VI Cart
Infringement Verification (FIV) - Reporting Listing Violations
VI Cart has put in
place VI Cart Infringement Verification process so that intellectual property
owners could easily report listings that infringe their rights. It is in VI
Cart 's interest to ensure that infringing products are removed from the site,
as they erode Buyer and good Seller trust.
·
If you are a Verified Rights Owner and want to report a listing issue,
see VI Cart 's FIV. Note: Only the intellectual property rights owner can
report potentially infringing products or listings through FIV. If you are not
the intellectual property rights owner, you can still help by getting in touch
with the rights owner and encouraging them to [contact us][].
·
If your listing was removed through FIV, and you believe that your
listing was removed in error, please [contact us][].
VI Cart does not
and cannot verify that Sellers have the right or ability to sell or distribute
their listed products. However, VI Cart is committed to removing infringing or
unlicensed products once an authorized representative of the rights owner
properly reports them to VI Cart.
FIV works to ensure
that item listings do not infringe upon the copyright, trademark or other
intellectual property rights of third parties. FIV participants have the
ability to identify and request removal of allegedly infringing products and
materials.
Any person or
company who holds intellectual property rights (such as a copyright, trademark
or patent) which may be infringed upon by products listed on VI Cart is
encouraged to become a FIV member.
Program membership
entitles you (Verified Rights Owner) to the following benefits:
·
Rapid response by VI Cart in ending listings reported by you (as the
Verified Rights Owner) as allegedly infringing
·
Dedicated priority email queues for reporting alleged infringements
·
The ability to obtain identifying information about VI Cart 's users'
How to Become a FIV
Member
To join the FIV, we
require only that you fully complete and email Us a Notice of Infringement form
specifying the allegedly infringing listings and the infringed work, complete
with an original authorized signature. The information requested by the Notice
of Infringement is designed to ensure that parties reporting products are
authorized by the rights owners, and to enable VI Cart to easily identify the material
or listing to be ended.
In the interest of
keeping the process easy and simple, after we receive your first Notice of
Infringement in hard copy, future notices can be sent to Us by email at ss@ VI
Cart.com.
Note: In your
notice of infringement, you shall be required to identify the individual
listing which is infringing your intellectual property. General notices shall
not be accepted.
We are happy to
receive such information, but must advise that we may be limited in Our ability
to respond to your request absent formal notice from an authorized rights
owner.
Notice of
Infringement
VI Cart Internet
Private Limited
_______________________
_______________________
I, [name]
____________________________ of [address] _________________________ do solemnly
and sincerely declare as follows:
1.
I am the owner of certain intellectual property rights, said owner being
named __________________ ("IP Owner").
2.
I have a good faith belief that the item listings or materials
identified in the annexure attached hereto are not authorised by the above IP
Owner, its agent, or the law and therefore infringe the IP Owner's rights.
Please expeditiously remove or disable access to the material or products
claimed to be infringing.
3.
I may be contacted at:
Name
___________________________________________________________
Title & Company
________________________________________________________
Address
_________________________________________________________
Email
(correspondence) ___________________________________________________
Telephone/Fax
_____________________________________________________________
Date
_________________________________________________________________
and I make this
declaration conscientiously believing it to be true and correct.
Declared by
______________________________
on [date]
___________________________________ in [place]________
Truthfully,
Signature
Addendum to Notice
of Infringement:
List of Allegedly
Infringing Listings, Products, or Materials
A Note on Reason
Codes: When identifying item numbers please use the reasons below. When
removing products from the site, VI Cart will inform Sellers of the specific
reason for the removal of their products.
Select the most
appropriate reason. Please associate each item you report with only one reason
code.
Trademark-infringement
1.
Trademark owner doesn't make this type of product or has discontinued
the production of the product
2.
Item(s) is an unlawful replica of a product made by the trademark owner
or is counterfeit
Trademark-listing
description infringement
1.
Listing(s) has unlawful comparison to trademark owner's brand or product
2.
Listing(s) contains unlawful use of trademark owner's logo
Copyright-item
infringement
1.
Software is being offered without any license or in violation of a
license
2.
Item(s) is a bootleg recording;
3.
Item(s) is an unlawful copy (software, games, movies, etc.);
4.
Item(s) is unlawful duplication of printed material
5.
Item(s) is an unlawful copy of other copyrighted work (paintings,
sculptures, etc.)
Copyright-listing
content infringement
1.
Listing(s) comprises unauthorized copy of copyrighted text
2.
Listing(s) comprises unauthorized copy of copyrighted image
3.
Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code:
_____________________________________________________________
Work(s)
infringed:
_________________________________________________________
Item Number(s):
___________________________________________________________
Note:
1.
Please provide the ownership of Trademark (Trademark Registration
Certificate should be in the name of applicant)
2.
Please provide the evidence as to the ownership of copyright.
All such Notices of
Infringement shall be sent to infringement@ VI Cart.com; or ss@ VI Cart.com.
Contacting the
Seller
At VI Cart we are committed towards ensuring that disputes between
sellers and buyers are settled amicably by way of the above dispute resolution
mechanisms and procedures. However, in the event that a buyer wishes to contact
the seller, he/ she may proceed to do so by accessing the seller related
information made available by the sellers on their product listing pages.
Alternatively, the buyers may also reach out to customer support at 1800 208
9898 or access help center at [http://www. VI Cart.com/helpcentre][http_www. VI Cart.com_helpcentre].