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Website Terms of Use

Last updated on October 15, 2015 THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER (Seller or Buyer) AND PinCarts (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND PinCarts FOR THE USE OF THE WEBSITE (DEFINED BELOW). THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.  These Terms of Use of the website located at the URL www.store.pincarts.com and mobile application under the name and style "PinCarts" (the Website) is between PinCarts Private Limited (hereinafter referred to as "PinCarts" "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which PinCarts offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE. These Terms of Use together with the Privacy Policy available at https://www.store.pincarts.com (it is applicable if You are a seller of the products on the Website) and together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.  If you are accessing the PinCarts mobile application or accessing the Services through the PinCarts mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

1.General

1.1 These Terms of Use are subject to revision by PinCarts Pvt Ltd at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. It shall be Your responsibility to check these Terms of Use periodically for changes. PinCarts may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.

1.2 If there is any conflict between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict

2.Services

2.1 The Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to list and advertise clothing, footwear, apparel products to other Users (who are buyers / customers).

2.2 PinCarts expressly disclaims all liabilities that may arise out of any dispute between Users (who are sellers) and Users (who are buyers / customers).

2.3 PinCarts shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly on any transaction between Users (who are sellers) and Users (who are buyers / customers).

3.Eligibility to Use

3.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the PinCarts system by PinCarts for any reason whatsoever. If you are disqualified as per the preceding sentence, you shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between PinCarts and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

3.2 PinCarts reserves the right to refuse access to use the Services offered at the Website or Mobile APP to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

4.User Account, Password, and Security

4.1 You may access and use the Website, APP and the Services as a registered user.

4.2 Registered users: PinCarts services is available to You through the Website or mobile app only if You have provided PinCarts certain required User information and created an account through certain log-in ID and password ("Account"). You will be responsible for maintaining the confidentiality and security of the account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify PinCarts of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. PinCarts cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by PinCarts or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PinCarts has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PinCarts has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

4.3 Depending upon whether You are a seller or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and PinCarts may collect certain personal information. Your provision of, and PinCarts's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by PinCarts's privacy policy, which is available at https://www.store.PinCarts.com ("Privacy Policy").

5.Payments related Information

5.1 PinCarts will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service. You agree that PinCarts may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.

5.2 You agree to provide correct and accurate financial information, such as credit/debit card or bank details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or bank details which is not lawfully owned by You. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your financial account PinCarts expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your financial information account.

5.3 PinCarts shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline on account of You/cardholder with its bank from time to time.

5.4 PinCarts shall be under no liability whatsoever in respect in case of any payment dispute arising between Users (who are sellers) and Users (who are buyers / customers).

5.5 PinCarts may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between PinCarts and users and for collection of PinCarts's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

6.User Obligations And Role Of PinCarts

6.1 Subject to compliance with the Agreement(s), PinCarts grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website, Mobile App and the Services provided therein.

6.2 You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.

6.3 You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

6.4 You will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information and reproduction of any materials (such as the Product catalogues) that Your access on the Website

6.5 You will not upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents.

6.6 You will not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Mobile App

6.7 You will not Conduct or forward surveys, contests, pyramid schemes or chain letters;

6.8 You will not violate any code of conduct or other guidelines, which may be applicable for or to any particular service

6.9 You will not violate any applicable laws or regulations for the time being in force in or outside India.

6.10 You will not violate, abuse, unethically manipulate or exploit, any of the Terms for the use of mobile app or our website

6.11 You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by PinCarts. You shall not use any deep-link, 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 Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

6.12 If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report to us at contact@pincarts.com

6.13 The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to PinCarts using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that PinCarts does not endorse any User Content on the Website and is not responsible or liable for any User Content. PinCarts reserve the right to disable access to the User Content on the Website.

6.14 You hereby grant PinCarts a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.

6.15 You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that PinCarts is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. PinCarts is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products through Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). PinCarts neither recommends You to buy or sell any Products on the Website nor does PinCarts endorses any such Products and nor does PinCarts provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, PinCarts does not guarantee, warranty or provide any assurance on the behavior of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.

6.16 You agree that You are solely responsible to PinCarts and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which PinCarts or its affiliates or its vendors may suffer) for any such breach.

6.17 PinCarts does not pre-screen User Content. PinCarts has no obligation to monitor any User Content. However, PinCarts at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if PinCarts determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where PinCarts removes any User Content from the Website, PinCarts will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute PinCarts's position as an intermediary or impose any liability on PinCarts with respect to User Content.

6.18 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website or mobile app. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

6.19 You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

6.20 You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.

6.21 In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.

6.22 In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts PinCarts for the same, PinCarts may inform the seller to provide or facilitate the provision of such services to the buyer. PinCarts is not and shall not be obliged to provide any such additional services. PinCarts's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.

6.23 You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

7.Use of Content

7.1 Except as expressly indicated to the contrary in any applicable Additional Service Terms, PinCarts hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions: • You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use; • You may not modify or alter product catalogues available on the Website; • You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and • You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.

7.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

7.3 Any software that is available on the Website is the property of PinCarts or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of PinCarts.

8.Intellectual Property Rights

8.1 It is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service.

9.Third Party Content

9.1 General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. PinCarts may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. PinCarts shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

9.2 In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. PinCarts makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.

10.Disclaimer Of Warranties & Liability

10.1 PinCarts will work to ensure that all the information on the mobile app or website is correct, but neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall PinCarts be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services or products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) breach of condition, representations or warranties by the manufacturer of the products (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the mobile app or service. PinCarts shall not be held responsible for non-availability of the mobile app during periodic maintenance operations or any unplanned suspension of access to the mobile app or website. The User understands and agrees that any material and/or data downloaded at mobile app is done entirely the users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under the law, PinCarts’s liability shall be limited to an amount equal to the products purchased value bought by you. PinCarts shall not be liable for any dispute or disagreement between users and retailers.

11.Indemnification

11.1 You agree to indemnify, defend and hold harmless PinCarts from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by PinCarts that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms.

12.Termination

12.1 PinCarts may suspend or terminate your use of the mobile app or any service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these terms of service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these terms of service will survive indefinitely unless and until PinCarts chooses to terminate them.

12.2 If you or PinCarts terminates your use of the mobile app or any service, PinCarts may delete any content or other materials relating to your use of the service and PinCarts will have no liability to you or any third party for doing so. However, PinCarts may preserve your transactions details for purposes of tax or regulatory compliance.

12.3 You shall be liable to pay for any service or product that you have already ordered till the time of termination by either party whatsoever.

12.4 Either party shall have the right to cease/terminate the relationship by giving you a prior twenty four (24) hours written notice. If PinCarts unilaterally terminates your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to you.

13.Governing Law

13.1 These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora , applicable authorities in Mumbai.