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).
3.2 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.
4.1 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).
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.
6.1 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.
6.3 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 email@example.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.
6.15 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.
6.18 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.
7.2 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.
8.1 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.
9.1 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.
10.1 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.
11.1 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.
12.1 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.
13.1 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.