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© 2018 Tech9kart. A Unit of Techno Mark Associates
TERMS AND CONDITIONS
1. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
2. Eligibility to use
2. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
2.1. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
3. Account, Password, and Security
3.1. Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
3.2. If you wish to register yourself with the Website, you shall be required to create an account by registering by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tech9kart.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
3.4. The Website reserves the right to terminate the services offered at any time to the Users without any notice.
4.1. All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
Tech9kart.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User.. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
4.2. Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
5.1. Prices for Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
Tech9kart.com may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and Sellers. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and the Sellers.
5.2. While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
5.3. All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between the Seller of the Products and the User purchasing the same and payment facility provided by the Website is merely used by the User and Seller of the Product to facilitate the completion of the purchase made by the User.
Use of the payment facilities provided by the Website shall not render the Website 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 listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.
5.5. The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.
Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
5.6. The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).
6. Shipping and Delivery
6.1. All Products purchased from the Website shall be delivered to the User by standard courier services by Tech9kart.com on behalf of the respective Sellers through a logistics partner or by the Sellers themselves. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. On behalf of the Seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
6.2. Tech9kart.com shall not be responsible for any delay in the delivery of the Products. Tech9kart.com shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
6.3. The logistics partner supported by Tech9kart.com will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective Seller reserves the right to cancel the order(s) at its discretion.
6.4. Sometimes, delivery may take longer due to inter alia:
6.5. In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
6.6. The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
6.7. Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.
6.8. However in case where a damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.
6.9. No deliveries of the Products shall be made outside the territorial boundaries of India.
6.10. In case a User purchases multiple Products in one transaction, the Seller(s) may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with the relevant Sellers.
6.11. If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
6.12. Tech9kart.com shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.
7. Return, Replacement and Refund
7.1. All Products ordered from the Website and successfully delivered to the User by the respective Seller may be returned to the Seller in accordance with the terms contained in the respective Seller policy.
7.2. However no Products will be accepted by the Seller if (a) the Products have been damaged by the User (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if as per the Seller the product returned is not the Product that was delivered (d) any other circumstances that the Website and/or the Seller may notify or deem appropriate from time to time.
7.3. In case of returns:
7.4. If the User wants to instant return or return within 7 days from delivery date, and Tech9kart.com does not offer reverse pickup of the items, the User may send the shipment himself/herself. The Users should send the scanned copy of the courier slip to email@example.com and Tech9kart will refund the amount. Tech9kart will however, NOT refund the courier slip amount.
7.5. In case of return initiated and subsequently couriered by the User himself/herself, and if it is found that the claimed shipment was not delivered to Tech9kart.com or the shipment was empty, the onus shall be on the User to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish his/her claim of return. However, non-receipt of Product by the Seller or Tech9kart may lead to no refund/exchange being issued to the User. The User waives any claims against Tech9kart in this regard.
7.6. In case of any discrepancy in the status of reverse pick up of a Product, (where the Users claims the Product has been returned, while our system suggests otherwise) refund will be initiated only if the Users successfully furnishes the RVP slip given at the time of the pick-up.
7.7. Tech9kart.com will not be liable for the products returned by mistake. In circumstances where a product not belonging to Tech9kart.com is returned by mistake, Tech9kart.com is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User.
7.8. All Products ordered by the User shall be eligible to be replaced in accordance with the Seller’s replacement policy as indicated herein above, if the Product delivered is damaged, soiled or is different from the Product specifications mentioned on the Website. Jabong.com will accept return or exchange of a Product only in accordance with the returns policy of the respective Seller.
7.9. In case of exchange, the differential amount, if any, shall be forfeited. This will apply irrespective of any increase or decrease in the price of the product being exchanged.
7.10. Refund, if any, shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her User account on the Website.
7.11. For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.
7.12. All refunds shall be made in Indian Rupees only.
7.13. The User acknowledges that the Website will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Website.
7.14. All Users and Sellers shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, 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 and all other laws as may be applicable.
8.1. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Tech9kart.com reserves the absolute right to cancel all past, pending and future orders without any liability. Tech9kart.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on Website and stock unavailability. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your account. Any promotional voucher used for the cancelled orders may not be refunded. Further, in case of suspicious transactions, Tech9kart.com reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity.
8.2. The User may be considered fraudulent if inter alia any of the following scenarios are met:
8.3. The User may be considered loss to business if any of the following scenarios are met:
Account for the Users falling in fraudulent or loss to business category may be blocked. Any credits earned through loyalty or referral program will be forfeited in such case.
8.4. Tech9kart.com may cancel any orders that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Tech9kart.com:
Any promotional voucher used for placing the 'Bulk Order' may not be refunded
8.5. If a User raises a complaint for partial item/partial order:
9. User Conduct and Rules:
9.1. You agree and undertake to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when the Website, you will not:
10. Intellectual Property Rights
10.1. Intellectual Property Rights (“IPR”) for the purpose of these Terms 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, source code, technical data, 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 and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
10.2. All IPR on the Website exclusively belong to either the Website or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website, a third party supplier or Seller during or pursuant to its use of the Website for any purposes whatsoever.
10.3. All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Techno Mark Associates and/or its affiliates as the owner of such domain name.
10.4. 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 owners/permitted assigns, as the case may be.
10.5. Every User hereby grants Tech9kart.com a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. Tech9kart shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
10.6. Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.
11.1. The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with :
Each an “Indemnity Event”
11.2. Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
11.3. The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website which can be withheld or denied or conditioned by the Website in its sole discretion.
11.4. Notwithstanding anything to contrary, the Website’s entire and aggregate liability to the User under and in relation to these Terms shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by the User/Seller to the Website under the relevant order to which the cause of action for the liability relates.
11.5. Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website or the Product.
12. Use of Content
12.1. While using the Website, the User specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that:
12.2. In certain cases, where the User requires certain services in relation to the Products, such as warranty, after-sales or installation services, the User shall directly contact the relevant Seller or the manufacturer. However, in the event, the User contacts the Website for the same, the Website may inform the relevant Seller to provide or facilitate the provision of such services to the User.
12.3. The Website is not and shall not be obliged to provide any such additional services. The Website’s role in relation to facilitating such services shall be limited to facilitating communication between User and the Seller for the purpose of provision of such additional services.
12.4. The User acknowledges that there may be certain orders that the Website is unable to process or pass on to the Seller and/or which the Website must cancel owing to various reasons such as non- availability of the Website service, force majeure, credit limitations or suspected fraud etc.
12.5. The User may need to install updates that the Website or any third party may introduce from time to time to access the Products /Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By using the Website, the User shall be deemed to have agreed to receive such updates.
12.6. The User agrees that it shall solely be responsible towards the Website and to any third party for any breach of its obligations under these Terms and for any consequences, losses or damages that may be suffered by the Website owing to such breach by a User.
13. Report Abuse and Take Down Policy
13.1. In the event the Website or any User becomes aware of any objectionable content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms then, the Website, by itself or upon receipt of a communication from any of its Users, without any prior notice take down such objectionable content from the Website.
13.2. For any reporting in respect of the aforesaid, the User should contact the Website at firstname.lastname@example.org
14. Feedback and Information
14.1. User feedbacks or information pertaining to Products offered on the Website or any information pertaining to the Website shall be deemed to be non-confidential in nature.
14.2. The Website reserves the right, at its sole discretion to use such information for upgrading/enhancing the Website and such use shall be entirely unrestricted.
14.3. The Website may at its discretion, also make any modifications or changes to the Website and its content and / or Products on the basis of such feedback or information.
14.4. In the event that the Website makes any changes or modifications to the Website or Products on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website or Products listed therein.
14.5. By submitting any feedback or any information, the User hereby warrants that (i) the feedback does not contain confidential or proprietary information belonging to the User or any other person and shall not be entitled to any compensation or reimbursement of any kind from the Website for the feedback under any circumstances.
15. Applicable Law:
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising herefrom.
16. Dispute Resolution
16.1. In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
16.2. In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Website. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in New Delhi. The language of arbitration shall be English.
17. Jurisdictional Issues
Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.
18. User Protection Program
18.1. The Website’s User protection program provides for resolution of disputes between the User and Seller to successfully resolve a dispute regarding refund or replacement or non-delivery of a Product.
18.2. In such an eventuality, the User can write to email@example.com if the issue with the Seller remains unresolved.
18.3. The Website’s Users support team shall provide reasonable assistance and take such relevant actions against the Seller as it, at its sole discretion may deem fit.
19. General Provisions
Notice: All notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to the Website’s grievance officer by e-mail firstname.lastname@example.org.
Assignment: These terms shall not be assigned or otherwise transferred by the User. However the Website’s obligations under these Terms are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.
Severability: If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.
Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship and Exclusivity. Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
Force Majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.