Terms & Conditions
1. Introduction
These Terms of Use governs Your access of and/or use of the Website dotinkart.com, the mobile application and/or all services, tools related thereto etc., offered by Shopinion Kart Private Limited/ dotinkart.com from time to time (“Portal/Platform/Website/Site”).
The Platform is owned and operated by Shopinion Kart Private Limited a Private Limited Company incorporated under the Companies Act, 2013 having its registered address at E-410 Crystal Plaza 4th, Linking Road, Andheri West, Mumbai- 400053, Maharashtra hereinafter referred to as the “Company/Us/We/Our”. The Company operates an online marketplace that enables vendors, producers, manufacturers, suppliers, and other sellers to list and sell their product/s (“Product/s”) through its Platform, i.e. dotinkart.com, Website, mobile site, Mobile Applications etc.
2. ELECTRONIC RECORDS:
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 Platform.
Further note that this document is an electronic record in terms of Information Technology Act, 2000 and Rules framed thereunder (as applicable) and the amended provisions pertaining to electronic records in various statutes as may be amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
3. BINDING NATURE OF THIS AGREEMENT
An individual (“You”, “Your” or “user” or “member”) shall be bound by the these Terms of Use by accessing and/or using the Platform and if You are using it on behalf of any organization or association of persons or any other incorporated body (“entity”) then you as well as such an entity by such access and/or use is deemed to have accepted and shall be bound by these Terms of Use and the individual accessing and/or using it on behalf of such entity warrants that he/she has the authority to bind that entity to these Terms of Use. In that case, “You”, “Your” or “User” shall be referred to as such entity. For accessing further features of the Platform You may be required to create a user account (“User Account”) by providing Your basic credential /personal information.
The Terms of Use, Privacy Policy, Vendor Terms, Shipping Policy, Return and Replacement Policy, along with the Payment Policy are collectively referred to as “Terms of Service/s” and shall be read in consonance with each other and shall all have equal precedence and equally binding. The Company may in its own discretion set out separate terms and conditions of use and policies for certain specific days such as during special discounts or sale seasons etc.
By creating a membership/user account on Platform, You not only agree to become one of Our member, but once again expressly agree to accept these Terms of Services and You shall be bound by them as mentioned hereunder.
If You do not accept/agree with You are advised to carefully read these Terms of Use before registering or accessing or using the Platform or any of its services, tools etc.These Terms, do not access and/or use the Platform and/or register on the Platform.
By use and access of the Platform, You agree and acknowledge to be bound by all the Terms of Service/s which covers Your use of the Platform and outline how We collect, use, share and store Your personal and other information and contents which You publish, upload, share on Platform such as texts, photos, graphics, reviews, images, audios, videos and other materials etc., (which are more particularly defined below) and accordingly You are entering into a valid, binding legal Agreement with us.
These Terms of Use are subject to change by Company at any time at its sole discretion which shall be intimated to You from time to time on Our Platform and you shall be entitled to use the Platform once you share your consent with respect to such changes Please read and consult these Terms of Use including Privacy Policies, Terms and Conditions, Payment Policy, Return and Replacement Policies, Shipping Policy, etc., periodically.
4. LISTING AND OFFERING FOR SALE
You may at Your sole discretion List Your products (“Product”) and/or services (“Services”) for sale on the Platform and/or for providing information in respect thereof as per the terms and conditions herein and in accordance with the Company’s Listing requirements/policies and also in compliance of the statutory requirements.
You alone shall be responsible for ensuring the accuracy, authenticity, completeness, and full statutory compliance etc. of all the product listed in respect of the Listing in relation to the products and associated content as provided by You. And You shall ensure that the same is neither false, misleading nor deceitful, fraudulent, exaggerated, ambiguous, incomplete etc. or otherwise constitutes unfair trade practice. This includes, but is not limited to, misrepresentation of product quality, quantity, grade, standard, composition, origin, endorsement, approval, sponsorship, or affiliation; depiction of used or refurbished goods as new; misleading claims regarding pricing, discounts, guarantees, or performance; omission of material information; failure to provide proper invoices or receipts; and the sale or promotion of counterfeit, spurious, or non-compliant products. You shall ensure that the information together with the Listing provided by You is sufficient for any prudent person to make an informed decision while making any decision regarding such Products and You alone shall be liable to update the same and ensure that the buyer is provided full, complete and updated information about Your products as listed. You shall ensure that all the return, replacement or refund requests, service queries, warranty of the buyers are dealt by You within timelines, failing which the Company may accept such requests in favour of buyers.
The Company reserves a right to publish, unpublish, delete, block, moderate etc. partially and/or fully Your Listing and/or any of Your content and/or complaints and/or feedback as Company in its sole discretion deems fit or necessary without being liable to justify any reason to any person/s including in the interest of fair trade, to avoid fraud and/or communication of any fake, inaccurate, incorrect or misleading data or information which may come to their attention and/or with a view to provide information which they may deem relevant.
5. BUYING SERVICES AND/OR PRODUCTS:
You shall not impersonate anyone or provide any false details or information both personal or otherwise when indicating Your interest to buy or buying any Product and/or Services on the Platform.
You agree and confirm that Products and/or Services listed on Platform for sale may be purchased by individuals from bonafide personal account and for bonafide own use only and as per terms policies of the Company. Any purchase thereof by any dealers, brokers, or any other entity for third party use by way of sale or lease or hire purchase is strictly prohibited and would constitute breach of the terms and conditions of Company unless express prior written permission of Company has been obtained for the same and subject to such terms that Company shall impose for the same.
We believe in the genuineness of the declarations/representations submitted by You and the copies of documents uploaded by You on Portal including the KYC documents etc., and We shall not independently verify the same.
You are advised to exercise due diligence and review all relevant Product/Services and seller information before making any purchase. We encourage to pay attention to the product details, information, ingredients, usefulness, product reviews and other necessary specifications before making any purchases. The return, replacement or refund of the products will be subject to the Return and Replacement Policy of the Company. Any wrong item purchased by You is not refundable. In case of return or replacement, You shall return the products in its original condition together with all original inner and outer packaging, user manuals, accessories, tags and invoices provided to you. The Products shall not be eligible for return or refund if the original packaging has been opened, tampered with, or removed or if the Products are used or damaged. The Products marked as non-returnable shall not be eligible for return, refund or replacement except in cases where defects or faults are attributable to the Vendor or its delivery partner. Products shall only be replaced or returned subject to receipt of video upon opening of the package by You. No Products shall be returned or replaced if the opening video is not shared.
6. FEE
Company shall have the right to charge/deduct such fee, charges and all other related payments consideration as may be applicable to You and to the Products as determined by Company from time to time (“Fee”) as per its various policies. Such Fee shall be exclusive of all applicable taxes, which taxes shall be borne by You additionally and You hereby indemnify Company against all claims in this regard. Hence, please ensure You review and make Yourself aware of Fees as may be applicable to You, thereby making an informed decision regarding use of the Platform. The Fees are subject to change, but the Company shall intimate the same on its Platform. User registration / browsing on platform is usually not chargeable, however We encourage to review Our fee related policies from time to time as same is subject to changes. The Fee included in the final invoice may include GST, platform fee, handling charges etc., or such other new fees which may be introduced from time to time as per the policy related to payments and Fee, however, the same shall not form part of the Fee payable to Company, and such fees are charged separately as per requirements. Company further reserves its rights to set off any amounts in order to secure its beneficial interest from the amount payable by the Company to You against the payment which Company is intended to receive from You. To understand Company’s payment model in detail, You are encouraged to read Company’s Payment Policy.
Any and/or all such offers may be newly added, updated, altered, modified, withdrawn partially or fully at any time by Company in its sole discretion. The User is hence required to keep itself updated or all such offers and Fees for the same which may also be modified from time to time and the same shall be binding upon the User immediate upon the same being posted on the Platform. Failure to make timely payment of Fees as applicable to the User shall amongst others result in the User’s Account being suspended and/or terminated as Company may in its sole discretion determine.
The Company shall not be responsible for any commitments made by the respective Vendors to the Users without and against the policy of the Company. The Company assumes no responsibility for fulfilling such obligations and Users are encouraged to read the Terms of Use and Company policies carefully and stay vigilant while making the purchases and using the Platform. The / Users hereby agree to abide by the Company’s strict 7 calendar day return/replacement policy for any Product/s. No timeline beyond the 7 days period for replacement by the Vendor/User shall be entertained by the Company and any contrary policies of the Vendor in this regard shall be void which please note.
7. YOUR OBLIGATIONS
7.1. APPLICABLE LAWS AND THIS AGREEMENT
The Company does not independently verify the credentials, certifications, or representations made by You and/or any buyers or the other food sellers registering on the Platform and the Company or the Platform is not responsible for the same.
You will comply with all the applicable laws, legal requirements, statutory norms, rules, regulations etc., as amended from time to time that apply to You in respect of the product listed by You for sale of Product or the use of the Platform, including but not limited to obtaining all or any of the required licenses as may be required for the manufacturing, process, storage, package, sale, transport or distribution of Your Products. If any law restricts Your use to the Platform then You will not be authorized to use the same and if used against the applicable law then You are solely responsible for Your activities and indemnify us against all claims in this regards.
7.2. LICENSE AND WARRANTY
You are hereby informed that the content, graphics, images, designs, displayed by the Company on the platforms are sourced through Canva (a graphic design software) platform and due credit is hereby given to Canva for use of such content, graphics, images, designs on the Platform. Further, The Company claims no right, copyright or ownership over such designs and Graphical representations. The images, videos displayed are for the representational purposes only, it does not claim to be a truly or real captured picture of the occasions/objects. The Company is not engaged in any kind of production, manufacturing, or sale of any Products and the role of the Company is an intermediary between the listed Vendors and the Users of the Platform. Nonetheless, the Vendors representing the Products on the Platform are encouraged to upload the real images, videos of the Product/s they intend to list and/or sell.
You / User must ensure that You / User are the author and/or First owner and/or are lawfully entitled to use Your data, information, images, audio/video recordings etc. You publish in Your account or on the Platform about Yourself, the Products and/or Services You list and the details and/or information You provide for the same or any information, data, comment, feedback, complaint etc. provided by You (“Content”) and/or have acquired rights in respect thereof and/or all Intellectual Property Right thereto including copyrights therein vest in You. We claim no ownership in the Content that You upload on Platform through Your User Account.
We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to Your Content and/or information provided by You at the time of registration and/or Listing including such further information updated and modified by You from time to time.
You expressly represent and warrant that Your Content does not infringe Intellectual Property Right of any person or persons living or dead and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights.
You shall be solely responsible for any Content that You post, submit, display, upload, record and transmit on Your or any other users’ user account and for the consequences or any loss or damage arising thereof.
By accepting these terms You are aware that You are hereby granting Us an irrevocable, worldwide, non-exclusive, perpetual, transferable, fully paid up and royalty-free license (with the right to sublicense, to use for all purposes as deemed fit by us including but not limited to by way of commercial exploitation, promotional use etc.,) to store, archive, copy, reproduce, process, adapt, crop, modify, publish, transmit, perform, display, distribute, right to us to copy, prepare derivative works or abridged version of such Content in any and all media, improve, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information You provide, directly or indirectly by submitting, posting or displaying or otherwise making available the Content and/or uploading the Content on or through the Platform. We have the sole right to perform the above mentioned activities without any further consent, notice and/or compensation to You or to any third parties.
Please note that the Content You post, submit, display, upload, record on Your User Account shall be viewed, downloaded, used, edited etc. by all the other users of Platform who are granted access to Your User Account by You for their limited personal use and You hereby grant them limited, world wide, non-exclusive, perpetual, royalty free and non-transferable license for the same.
Please note that similarly You shall have limited worldwide non-exclusive, perpetual, royalty free and non-transferable license for personal use only over Content to which access has been granted to You for use by other users of the Platform.
Pursuant to this license, the Company may grant other users and/or visitors access to and share Your Content and information in accordance with this Terms of Use and said Terms of Services.
You may also use Your User Account as per terms hereof and/or avail various services and/or products offered if any by the Company and/or other users of the Platform.
7.3. SERVICE ELIGIBILITY
The Company does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to create a User Account with Us. The Platform and its content are not directed at children under the age of 18. In the event that We are provided with sufficient proof or We carry or We come across sufficient proof to the effect that proved that We have collected personal information from a child under age of 18 without parental consent, We will delete that information as quickly as possible. If You believe that We might have collected any information from or about a child under the age of 18, please Contact Us immediately within the prescribed timelines along with the necessary documentary proofs.
You are of legal age to form a binding contract and if not then You have gotten Your parents and or guardians to agree to the same on Your behalf. You must be at least 18 years old to use the Platform, its Services and other tools.
You represent and warrant as under:
- You are atleast 18 years old or above
- You shall maintain only one account at any given time
- You shall provide true and correct information to us
- You have not violated any third party rights or any applicable law
- You shall not solicit Personally Identifying Information from anyone under 18 years of age;
- You shall provide the genuine documents, certifications, licenses, registration certificate as may be required under law for product registration, and/or for operating Your User Account
- You shall promptly update in any change in the account information and related documents, certifications, licenses, registration certificates from time to time, and keep them up to date.
7.4. YOUR PROFILE INFORMATION
The details given by You about Your name, email-id and mobile phone number shall be the prime identifier of Yourself on the Platform. You are solely responsible for maintaining the confidentiality of Your User Account, Your user ID, Your password and all Your other login information and You are fully responsible for all activities that occur under or in Your User Account.
You shall not transfer or assign Your account to anyone else. You shall not share Your user ID, Your password and all Your other login information with anyone. You shall not use others accounts.
We cannot and shall not be liable for any loss or damage arising from Your failure to comply with the above requirements or conditions or any unauthorized access or use of Your user account including but not limited to by way of hacking. The Company shall not be liable for unauthorized disclosure of personal information due to no fault of Company including, but not limited to, errors in transmission and unauthorized acts of Our employees, staff and/or third parties.
To close Your User Account please mail us on support@dotinkart.com. The Company assumes no responsibility for any errors/ omissions by You during the process of closure.
7.5. INDEMNIFICATION
You agree to indemnify and hold Us (and subsidiaries, group companies (as applicable) and/or Our respective officers, employees, affiliates and agents) harmless and indemnified absolutely and forever, from any claim or demand or damages or liability or other consequence claim / made by any third party including costs and attorneys’ fees, due to or arising out of:
- Your use of the Platform including any Content of any other user from the Platform, any other services, tools etc.,
- Your User Content and information provided by You at various stages in creating, modifying and updating Your account from time to time
- Your violation of the Terms of Services like the Terms of Use, Privacy Policy etc., and/or
- Your violation of applicable laws or regulations, statutory requirements
- Your compliances under various other laws governing and applicable under this or the Terms of Service
- You sharing with us or any visitor or any third party through this Platform any sensitive personal data or information as defined in Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 or any violation of the Digital Personal Data Protection (DPDP) Act, 2023 or any rules framed thereunder.
The Company reserves the right, at its sole discretion and at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to co-operate with Our defense of these claims. You agree not to settle any matter without Our prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it. You shall be liable for all losses, damages arising out of Your use of the Platform.
Notwithstanding what is stated elsewhere in the Terms of Service, if You breach any of the Terms of Service or any other documents it incorporates by reference, Company reserves the right to recover any damages and amounts due and owing by You to Company and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against You.
7.6. NOTIFICATION TO THE COMPANY OF ACTS CONTRARY TO THE AGREEMENT
You agree to immediately notify Us of any unauthorized use or suspected unauthorized use of Your User Account or any other breach of security, violation of any Trademark, copyright intellectual property etc. as per the prescribed procedures and within the given timelines alongwith supporting documents.
7.7. NOTIFICATIONS AND SERVICE MESSAGES
By providing your consent hereto You agree to the receipt of email/Whatsapp messages /SMS relating to various communications like account verification/s, changes/updates of features of the service, technical and service security notices, communications containing product and event information, cosmetics tips, or promotions on Your mobile phone from the Company and other service related issues including offers which You may find of interest, information on new products, information of promotional offers etc. through Your user account or through other means including email, mobile number, telephone, or delivery services including the postal address that You provide us not only from us but also from Our group companies or associates and also from Our current and future third party associate partners (including but not limited to financial partners and several automotive partners) regardless of Your DNC or DND status based on You acceptance of these Terms of Service.
We may also send promotional and/or marketing messages to You on Your mobile number / email account /Whatsapp number provided by You at the time of registration or messages on Your mobile device including push notifications or any other means and modes now known or hereinafter invented.
You may change Your email address any time by signing into Your User Account.
In any event We shall have no liability associated with or arising from Your failure to do or to maintain accurate contact or other information, including, but not limited to, Your failure to receive critical information about the Platform.
If You decide that You no longer wish to receive these emails, You can unsubscribe using the link provided in the email or update Your preferences in the “Profile” section for registered users. Please note that We never send unsolicited text messages to Your mobile phone. In the event, that such messages are received, You should immediately intimate Us about the same on the email id provided by the Company. The Company does not charge any fees for receiving text messages from the Company. However, Your mobile service provider may apply charges for sending and/or receiving text messages and airtime, as Well as other standard rates.
7.8. COMPANY PLATFORMS
The Terms of Service apply only to the Company Platform.
7.9. USER-TO-USER COMMUNICATION AND SHARING
When You submit, post or display or otherwise make available the Content and/or information about Yourself and/or upload the Content on or through the Platform, other users of the Platform can view, copy and / or use that Content and/or information about Yourself.
As stated above pursuant to license, the Company may grant other Users and/or Visitors access and share rights to Your Content and information in accordance with this Agreement, Your settings for them. All the Contents and information which is posted by a User may be viewed by a user and/or visitor. Apart from the above, Your comments, observations and various updates can be viewed and/ or used by others. The Company in its sole discretion may delete the Content and information provided by You that violates this Agreement or other Intellectual Property Rights. The same can also be used by other users and hence if You have any Content or information which You do not wish to share with others or keep them confidential or do not wish others to use it including or (subject to third party right which may be infringed by sharing) please do not post it to Your User Account as We are not responsible for any misuse or misappropriation of any Content or information that You post on Your User Account
7.10. PRIVACY POLICY
Please see Our Privacy Policy as applicable to You, which is available here Privacy Policy.
7.11. YOUR CONTRIBUTIONS
By providing Your valuable feedback regarding Our Platform You agree that We are under no obligation of confidentiality expressed or implied with respect to Your Content and/or information provided to us from time to time. We are entitled to use and disclose all the Contents and information for any purpose in any way in any media now known or invented in future throughout the world. You, irrevocably provide us a non-exclusive royalty free license to exploit the Content. You are not entitled to any compensation, reimbursement of any kind under any circumstances.
8. YOUR RIGHTS
All patent, trademark, copyrights, data base rights, other intellectual property rights of any nature in the Platform of Company and all the services related thereto together with the underlined copyrights, source code, program etc., are owned by Company by permitting to use this Platform, no rights therein of any nature whatsoever in the Platform of Company is being granted or transferred to You except the limited rights to use and access the Platform as per the Terms of Service. The use of the Platform is on the condition that You shall comply with Your obligations under this Agreement including but not limited to the ‘dos’ and ‘don’ts’ as listed hereinafter. By making available the Platform We grant You a limited, revocable, non-exclusive, non-assignable, non-sub-licensable license and rights to access the Platform. Any other Use of the Platform contrary to the Terms of Service and the purpose as stated herein is strictly prohibited and any violation in respect thereof would amount to infringement of this Agreement.
9. OUR RIGHTS & OBLIGATIONS
9.1. PLATFORM AVAILABILITY
We shall use Our best endeavors to continue to offer the Platform from time to time update and improve the Platform, but We are under no obligation to continue the Platform and We shall not be held liable for the non- continuance thereof. We reserve Our right to withhold, remove and/or discard any Content and information posted on Your account with or without notice if required. Further, We are under no obligation to store and/or maintain any Content or information that You or other users upload on Your account as We may be required under local laws to remove certain information or Content so that We do not violate the applicable laws of the land. The Company shall also not be liable for non availability of the Platform due to blocked services or other statutory policies, rules, governing laws of any of the countries. The Platform is not free from errors and the Company does not assure that the Platform will be accessible 24 x 7 or 365 days of a year. Company cannot be held responsible in any manner whatsoever for discontinuation of or unrestricted access and/or use of the Platform.
9.2. THIRD PARTY CONTENT, SITES AND DEVELOPERS
You may be exposed to third party content or information that may be inaccurate, misleading, illegal, incomplete, offensive or harmful. You accept and acknowledge that We shall not be responsible for such content or information or any kind of damage or loss that may have incurred to You as a result of use of such content or information. You shall solely be responsible for evaluating whether You wish to accept or use a third party Platform. You should review all the applicable terms and the Privacy Policy of such use before using it or sharing any information to it because You may give third party permission to use the information in ways We would not know. Company is not responsible nor does it endorse any feature, content, advertising product or any other material available on the Platform. The use of the Platform is entirely at Your own risk and based on an informed decision made by You independently and You agree that the use of Platform or any other platform link of which is provided on the Platform on ‘As is Where is’ basis without any warranty of any nature whatsoever including for any Product or Service from any person/s including Company. Please note that if You allow any third party to authenticate and connect with Your user account that Platform or such use and access of information on user account related to You and Your connection, We shall not be responsible for any damage, loss or any consequences thereof for the same.
9.3. DISCLOSURE OF USER INFORMATION
You acknowledge, consent and agree that We may access, preserve, and disclose Your registration and any other information including Content which You provide in accordance with the terms of the Privacy Policy if required to do so by law or in good faith and belief that such access, preservation or disclosure is reasonably necessary in Our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal proceedings, court orders or other compulsory disclosures; (2) enforce this Agreement and the Privacy Policy; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of the Platform, Our Users or the public disclosures of user information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.
9.4. CONNECTIONS AND INTERACTIONS WITH OTHER USERS
You are solely responsible for Your interactions with other Users. We may limit the number of connections which You may have with other Users and may, in certain circumstances, prohibit You from contacting other users through use of the Platform or otherwise limit Your use of the Platform. We reserve the right, but have no obligation, to monitor disputes between You and other users and to restrict, suspend or close Your account if We determine, in Our sole discretion, that doing so is necessary to enforce this Agreement and You shall in such an event not access the Platform till such suspension continues.
9.5. INTELLECTUAL PROPERTY NOTICES
The Platform includes the copyrights and Intellectual property rights of Company and except for the limited license granted to You as stated hereinabove, We reserve all the intellectual property rights in the Platform including but not limited to logos, trademarks, service marks, graphics and logos used in connection with the Platform.
10. DISCLAIMER
WARRANTY AND DISCLAIMER
- Your use of the Platform is at Your own sole and exclusive risk, We have not in any manner solicited You to use the same or submit or upload any Content therein.
- The Platform is being made available to You on an “As Is” and “As Available” basis and consequently, We give no warranties of any kind, whether express, implied, statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose or otherwise including warranties or representations that the material / Content is complete, accurate, reliable, timely, non-infringing to third parties, that access to will be un-interrupted or error-free or free from viruses, or that this Platform will be secure.
- Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to You. Please check Your local laws.
- We reserve the right to restrict, suspend or terminate, without notice, Your access to the Platform or any feature thereof or part thereof at any time without assigning any reason.
- We may discontinue, modify or amend any feature of the Platform without prior notice or without assigning any reason as We may in Our sole discretion deem fit.
- Company does not make any representation or Warranty as to specifics (such as quality, value, salability, including pricing of the Product and Services etc.) of the Products or Services proposed to be sold or offered to be sold or purchased on the Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any Products or Services on the Platform. User accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Prices of the products are solely determined by the sellers and Company plays no role in determining the pricing of any product sold on its platform.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER INCLUDING THOSE ARISING FROM OR IN CONNECTION WITH THE ACCESS AND USE OF INFORMATION, DATA OR RECOMMENDATION OR VIEW PRESENTED ON THE PLATFORM, USE OF OR THE INABILITY TO ACCESS OR USE THIS PLATFORM OR ANY CONTENT RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY OR THE LIKE WHETHER OR NOT IN THE CONTEMPLATION OF THE AGREEMENT ARRIVED AT HEREIN, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE OR RELATING TO USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
You agree that Our liability to You in respect of any loss or damage suffered by You for any breach of this Terms of Use including Terms of Services or for any reason whatsoever related to the use of the site/Portal shall not exceed Rupees Two Thousand.
12. TERMINATION
12.1. MUTUAL RIGHTS OF TERMINATION
We reserve Our right to terminate this Agreement or Your use and/or access to the Platform for any reason without notice at any time without incurring any liability to You. If We terminate Your use and /or access to the Platform, Your account Content and all other data will no longer be accessible to You through Your account.
12.2. MISUSE OF THE SERVICES
On any violation or misuse of Terms of Service, We may at Our own discretion terminate Your user account and disable use of the Company’s Platform by You. You understand and agree that We shall not be responsible for the Content and /or information posted by You and the same is at Your own risk. If You violate the Terms of Service or otherwise create any risk or possible legal exposure for Us We will stop providing You access of all or part of the Platform to You. Misuse of the Platform means violating the ‘dos’ and ‘don’ts’ as stated herein below which shall include violation of applicable law, infringement of Intellectual Property Rights.
12.3. EFFECT OF TERMINATION
Upon termination of Your user account, You shall not access the Platform and all the licenses and rights granted to You in the Terms of Service will immediately cease. And upon the termination any payments due or payable or any actions related to payments shall be governed as per the Payment Policy.
13. DISPUTE RESOLUTION
13.1. LAW AND FORUM FOR LEGAL DISPUTES
CONTROLLING LAW AND JURISDICTION
- These Terms of Use shall be governed by and construed in accordance with the laws of India.
- Any disputes arising from these Terms of Use will be resolved through binding arbitration as per the provisions of the Arbitration and Conciliation Act, 1996 and rules framed thereunder from time to time. The arbitration will take place in Mumbai, in English language, and will be conducted by a sole arbitrator appointed by the Company. Each party will bear its own costs. The arbitrator’s decision will be final and binding on the parties.
- Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Mumbai.
- The User hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use and/or access of Platform or any of the Terms and Conditions set out therein.
- Any cause of action You may have with respect to Your use and/or access of this Platform must be commenced within one (1) year after the claim or cause of action arises.
- If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable. We make no representation that Contents and information on the Platform are appropriate or available for use at other locations outside of India and access to them from territories where their Contents are illegal is prohibited. If You access this Platform and/or use Services from a location outside India, You are responsible for compliance with all local laws.
14. GENERAL TERMS
Here are some important details about how to read the Agreement.
14.1.SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
14.2. NOTICES AND SERVICE OF PROCESS
If You desire to contact Us for any reason, please email Us at the following address or email Us at support@dotinkart.com
14.3. ENTIRE AGREEMENT
The Terms of Service constitute the entire Agreement between the User and us governing You/Your use and/or access to the Platform.
14.4. AMENDMENTS TO THIS AGREEMENT
We reserve the right to restrict, suspend, terminate, modify, supplement or replace the terms of this Agreement for use and access of the Platform after giving you notice , and you shall be entitled to use the Platform upon providing your Consent to such changes. Company recommends that the User / Visitor re-visits the Terms of Service from time to time to understand and be fully aware of the user policy of this Platform.
14.5. WAIVER
Failure to enforce any provisions of the Terms of Service will not constitute a waiver. If any provisions of the Terms of Service are found un-enforceable the balance terms of the service will remain in force and in effect.
14.6. NO INJUNCTIVE RELIEF
You waive Your rights to try to stop Company, but We don’t waive Our rights to ask a court to stop Your actions.
In no event shall You seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of the Platform, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Platform or any Content or other material used or displayed through the Platform.
14.7. ASSIGNMENT AND DELEGATION
You can’t assign Your rights under these Terms, but We can.
You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You.
15. “DOS” AND “DON’TS”
As a condition to access the Platform, You agree to this Terms of Use and the Privacy Policy and to strictly observe the following DOs and DON’Ts:
15.1. Do undertake the following:
Here’s a list of some of the specific things We ask You to do and not do on Your user account.
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with Our Privacy Policy;
- Review and comply with notices sent by Company concerning the Platform;
- Use the Platform in a professional manner; and
- Use Your real name on Your profile.
15.2. Don’t undertake the following
The Content and information You post, submit, display, upload and/or transmit on the Platform shall not violate any law of the land and shall:
- not include any obscene or nude photos, images, videos, audio or material that an individual might find offensive, indecent and/or objectionable and shall not be libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- not advertise any Products and/ or Services, solicit users to buy any Products/ Services, sell Product or Services, or seek donations of any kind, without first obtaining the express written approval of Company.
- not infringe or violate any patent, copyright, trademark, trade secret or other property right;
- not breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship;
- not be of such a nature that a reasonable person would consider it harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- not constitute a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech;
- not violate or encourage others to violate any applicable law, statute, ordinance or regulation;
- not promote software or services that deliver unsolicited e-mail;
- not contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
- not provide any telephone numbers, last names, URLs or email addresses of other persons;
- not harm minors in any way;
- not solicit Personally Identifying Information from anyone under 18 years of age;
- not provide false or deceptive information;
- not delete, add or otherwise change other persons entries or other persons Content when You have not been granted the privileges to do so You will not publish or offer any contest, giveaways, sweepstakes on Company; or
- not include any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation. This prohibition includes but is not limited to (a) using Company invitations to send messages to people who don’t know You or who are unlikely to recognize You as a known contact; (b) using Company to connect to people who don’t know You and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases or group aliases;
- not allow usage by others in such a way as to violate these Terms of Use of the Terms of Use.
- Apart from the above You shall not.
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as Your email address, phone number, street address or other information that is confidential in nature;
- Create a profile for anyone other than a natural person;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using Company;
- Invite people You do not know to join Your network;
- Use or attempt to use another’s account or create a false identity on Company or impersonate any other person/s;
- Hack the Company systems, other users accounts.
16. COMPLAINTS REGARDING CONTENT POSTED ON THE PLATFORM
You may report violation or any misuse of the Platform or Terms of Service including objectionable Content or behaviour to us on mail support@dotinkart.com.
17. HOW TO CONTACT US
If You have questions or comments about this Terms of Use, please contact us online or by email at support@dotinkart.com
