Terms & Conditions

  • User Agreement- Applicable to all users

    This document is an elaectronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures

    This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of epaykart.com website

  • User Agreement

  • Your use of a epaykart.com website {including epaykart.com (here in after referred to as the Website) and its related sites, services and tools} is governed by the following terms and conditions as applicable to the Website and the general principles for other websites of our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 1st April, 2011 (User Agreement). If you reside in India, you are contracting with Epaykart; a company incorporated under Companies Act, 1956 with registered office at Off-208, Singhal Tower, Sec-58, Noida-201301

     

    As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Buy Now' button while transacting as Guest User or such other actions that implies your acceptance.

    If you do not agree or are not willing to be bound by the terms and conditions of
    this User Agreement and epaykart.com's Rules and Policies , please do not click on the check box and/or on the continue button and/or Buy Now button and do not seek to obtain access to or otherwise use the Website.

    Amendments:

    epaykart.com may amend this User Agreement and/or Epaykart Rules and Policies
    at any time by posting a revised version on the Website. All updates and amendments
    shall be notified to You via Epaykart Website. The revised version will be effective at the epaykart.com posts it on the Website. In addition, if the revised version of this User Agreement includes a Substantial Change, epaykart.com will provide you with 30 days' prior notice of such Substantial Change/s by a Notification Preferences provided by You to epaykart.com. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in epaykart.com

    By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by epaykart.com Rules and Policies as provided from time to time in the following hyperlinks:

    Privacy Policy.

    Please note: various underlined words and phrases are hyperlinked to various rules
    and polices on the Website. By accepting this User Agreement, User also agree that your use of respective country's epaykart.com website by the user agreement, privacy policy and other rules and policies posted on those websites.

    1. Membership Eligibility

    .

    Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. epaykart.com reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to epaykart.com notice or if it is discovered that you are under the age of 18 years

    Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

    Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional
    restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you. As a guest user buyer will not be eligible for vouchers or credit points and all other benefits that are practically not possible to assign to a non-registered user.

    2. Your Account and Registration Obligations

    If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and cell number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and cell number as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your cell phone. You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by epaykart.com's registration form or provided by You as Guest User (such information being the "Registration Data") 2. You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User; and 3. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or epaykart.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, epaykart.com has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

    3. Electronic Communications

    When You use the Website or send emails or other data, information or communicationto epaykart.com, You agree and understand that You are communicating with  epaykart.com through electronic records and You consent to receive communications via electronic records from epaykart.com periodically and as and when required. epaykart.com will communicate with You by email or electronic records on the epaykart.com Website which will be deemed adequate service of notice/electronic record.

    4. Fees and Services

    Membership on the Website is free. 
    epaykart.com does not charge any fee for browsing and buying on the Website. However, before you list an item for sale through the Website, we request you to review our Fees and Credit Policy, which is hereby incorporated by reference into this agreement. epaykart.com reserves the right to change its Service Fee and Credit policies from time to time. In particular, epaykart.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event epaykart.com reserves the right to introduce
    fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Clues within such time as specified in the invoice.

    4.a

    How fee is charged and payment schedule. We process online payments on merchants behalf and send the money to merchant after deducting our service fees. Merchants does not have to deal with online payments as we take care of it. All we need from merchants some banking and accounting information for us to set-up online bank transfer account. We have a weekly payment cycle. Every Friday money (order final value minus our service fees) will be electronically transferred for all Completed Orders occurred two weeks back to your mentioned bank account.

     Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

    Non payment: epaykart.com  reserves the right to issue a warning, temporarily /indefinitely suspend or  terminate your membership of the Website and refuse to provide you with access  to the Website in case of non-payment of fees by you to epaykart.com. epaykart.com also reserves the right to take legal action in case of non-payment of fees by you to epaykart.com.

    5. Use of the Website

    5.a.

    You understand and agree that epaykart.com and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. epaykart.com neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. epaykart.com has no control over the third party user generated contents.

    5.b.

    ou agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

    Your Information is defined as any information you provide to us or other users of the Website (Users) in the registration (as Registered User or as Guest User, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.

    Your Information (or any items listed): The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.

    You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

    belongs to another person and to which You does not have any right to;

    is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

    harm minors in any way;

     infringes any patent, trademark,

    copyright or other proprietary rights or third party's trade secrets or rights of publicity
    or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

    Epaykart may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Epaykart and shall not copy, transmit or create derivative works of such material without express authorization from Epaykart.

    The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

    violates any law for the time being in force;

    deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

    threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

    shall not be false, inaccurate or misleading;

    shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

    Without prejudice to the generality of the above, epaykart.com does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy which can be accessed at

    Rules and Policies

    shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (m) shall not link directly or indirectly to or include descriptions of items, goods or services that:

    are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under; are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a web site other than the Website;

    Solely to enable epaykart.com to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. epaykart.com will only use Your Information in accordance with the User Agreement and epaykart.com Privacy Policy.

    You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.

    In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform epaykart.com of the same at info@epaykart.com.

    You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules
    there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitatio of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or Art treasure as defined in the Act (Artwork), you shall indicate that such Art work is non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to buyer (as defined under the Buying section) at any place outside India.

    From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.

    11. You shall not attempt to or circumvent or

    manipulate our Fee structure, the billing process or Fees owed to epaykart.com as detailed and agreed in MOU signed by merchants

    12. Objectionable Material

    You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Epaykart.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

    13. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

    epaykart.com is a service provider and do not indulge in selling of any product directly. It allows to sell their products online on epaykart.com.

    13.a

    ll commercial/contractual terms are offered by and agreed to between the User and the Buyer alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and after sales services related to products. Epaykart does not have any control, or determines, or advises or in any way involves itself in the offering or acceptance of such commercial/contractual terms between the Buyer and the User.

    13.b

    Epaykart is a facilitator for the services at the website and acts only as an online platform. All the services offered to, through or via the website are provided on basis without any representation or warranty of any kind from Epaykart, either express or implied, including without limitation any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, quality, performance for any particular purpose or completeness.

    13.c

    Epaykart liability in any circumstance is limited only to the amount of fees, if any, paid by the User to Epaykart. Shoppers its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Epaykart assumes no liability whatsoever for any monetary or other damage suffered by User on account of:

    The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website

    Any interruption or errors in the operation of the Website.

    Users expressly understand and agree that Epaykart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Epaykart has been advised of the possibility of such damages).

    Epaykart shall not at any point of time during any transaction between the Buyer/ and the User on website come into or take possession of any of the products or services offered on the Website nor shall it at any point gain title to or have any rights or claims over the products or services offered by the User to the Buyer. At no time shall any right, title or interest over the products vest with Epaykart nor shall Epaykart have any obligations or liabilities in respect of such contract. Epaykart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable. All products are offered by User are only for a restricted time and only for the available supply as offered byUser.

    14. Objectionable Material

    You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Epaykart.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

    Platform for Communication The Website is only a venue where Users may meet and interact with one another for their transactions. Epaykart.com is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:

    The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. epaykart.com does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers.

    15.b.

    epaykart.com is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). epaykart.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. epaykart.com shall not and is not required to mediate or resolve any dispute or disagreement between Users.

    15.c.

    epaykart.com does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, epaykart.com does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. epaykart.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

    15.d. epaykart.com does not make any representation

    epaykart.com does not at any point of time during any transaction between buyer on Website come into or takes of any of the goods or services offered any point gain title to or have any rights or claims over the goods or services offered by Epaykart may provide fulfillment and logistics services to certain merchants but still does not take possession or title of any product or service sold.

    The Website is only a venue through which Users can reach a larger base to buy and sell items or services. At no time shall any right, title or interest over the items vest with epaykart.com nor shall epaykart.com have any obligations or liabilities in respect of such contract. epaykart.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.

    At no time shall any right, title or interest over the items vest with epaykart.com nor shall epaykart.com have any obligations or liabilities in respect of such contract. epaykart.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable.

    You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.

    You release and indemnify epaykart.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Not with standing its reasonable efforts in that behalf, epaykart.com cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.

    16. Privacy

    We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in the United States and Asia Pacific at some of the best data centers in the world that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at http://epaykart.com. If you object to your Information being transferred or used in this way please do not use the Website.

    17. Your Consent

    By using the Site and/ or by providing your information, you consent to the collection and use of the information you disclose on the Site by epaykart.com in accordance with epaykart.com Privacy Policy.

    18. Payments

    19. Breachh

    Without limiting other remedies,  epaykart.com may limit your activity, immediately
    remove your information or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse
    to provide you with access to the Website in the event, but not limited to:

    1. If you breach the User Agreement or Privacy Policy incorporated herein by reference.

    2.If 

    epaykart.com is unable to verify or authenticate any information you provide; or

    3. If it is believed that your actions may cause legal liability for you, other Users or epaykart.com. epaykart.com may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with epaykart.com or use the Website in any manner whatsoever until such time that such User is reinstated by epaykart.com. Not with standing the foregoing, if you breach the User Agreement or the documents it incorporates by reference, epaykart.com reserves the right to recover any amounts due and owing by you to  epaykart.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

    20. Buying

    All purchases on the Website are a firm commitment to purchase. If you are the purchaser

    By purchasing on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, on the Website may or may not specify the retail prices of the items
    being sold. You are advised to independently verify the retail prices of such items if you so desire.

    epaykart.com strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by epaykart.com.

    Please be aware that even if you do not give  epaykart.com your real name, your Web browser transmits a unique address to us.

    In case of purchase of an Artwork which is marked as non-exportable" on the Website or it is illegal to export the same and you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.

    21. Fulfillments and Shipping

    epaykart.com from time to time may offer certain fulfillment services however, for the overall shipping quality, time it takes for the delivery, and cost of shipping. epaykart.com may provide pick-up, storage, or outsourced services on behalf of merchants. At no time, epaykart.com takes title or ownership of any product or inventory.

    22. Buyer Protection at epaykart.com All the merchants selling at epaykart.com are well screened by our team before they are brought on board. We assure you that all the products you buy from our website, regardless of the merchant are genuine, authentic, products being sold by well reputed and honorable merchants at the best prices possible. Of course, we also offer all the warranties, guarantees as entaAt  epaykart.com, we believe that customer satisfaction is key- therefore we stand behind all merchandise bought at our site. We will replace any order within 2 days of delivery, with free return shipping if you receive a product which is not as per the specifications ordered by you, - (i) wrong size, (ii) wrong color, (iii) defective or (iv)significantly different from the description given by the merchant. However do make sure that the merchandise has not been used/worn or altered and is accompanied by its original price tag and packing slip. Please contact our customer support, so we can help facilitate your return.

    22.a.

    If epaykart.com has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then epaykart.com may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user d of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.

    epaykart.com reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, epaykart.com may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.

    22.c.

    Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

    23. Selling

    As a registered member, you may list item/s for sale on the Website in accordance with the Listing Policies more fully detailed at epaykart.com Rules and Policies http://epaykart.com/ policies-and-rules. which Policy is incorporated by way of reference in this Agreement. You must be  egally able to sell the item(s) you list for sale on our Website. You must  ensure that the listed items do not infringe upon the intellectual property,  trade secret or other proprietary rights or rights of publicity or privacy  rights of third parties. Listings may only include text descriptions, graphics  and pictures that describe your item for sale. All listed items must be listed  in an appropriate category on the Website. All listed items must be kept in  stock for successful fulfillment of sales. All listings must comply with  epaykart.com http://epaykart.com/policies-and-rules.html
    which Policy is incorporated by way of reference in this Agreement.

    The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. Epaykart.com reserves the right to delete such multiple listings of the same product listed by you in various categories.

    24. Payments

    epaykart.com is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. epaykart.com takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence can not be held responsible for any fault at the end of payment providers. Further,

    25. Feedback

    this helps all Users to know what it is like to deal with the said merchant. After you conduct a transaction, if applicable, we encourage you to leave feedback you dealt with. Please
    remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. epaykart.com will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.

    You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings or epaykart.com receives the regular complains, epaykart.com reserves the right to suspend your membership, and
    you will be unable to list, buy or bid on the Website.

    You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by epaykart.com, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website.

    We do not provide the technical ability to allow you to import feedback from other websites to epaykart.com because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

    epaykart.com and its suppliers, affiliates and service provider provide the Website and services "as is and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.

    27. Limitation of Liabilityity

    In no event shall  epaykart.com or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).

    epaykart.com liability in any circumstance is limited to the amount of fees, if any, paid by you to epaykart.com. epaykart.com, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, epaykart.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

    The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;

    Any interruption or errors in the operation of the Website. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if epaykart.com has been advised of the possibility of such damages).

    28. Indemnity

    You shall indemnify and hold harmless  epaykart.com and (as applicable) epaykart.com's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, epaykart.com Rules and Policies, or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

    29. General

    None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and epaykart.com and you shall have no authority to bind  epaykart.com in any manner whatsoever.

    Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of epaykart.com Legal Department, at Off-208, Singhal Tower, Sec-58, Noida-201301 India (in the case of epaykart.com) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

    If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

    This Agreement sets forth the entire understanding and agreement between You and epaykart.com with respect to the subject matter hereof.

    In  epaykart.com sole discretion, epaykart.com may transfer its rights and obligations (also known as assign) under this Agreement without your prior express consent, provided that epaykart.com assigns the Agreement on the same terms or terms that are no less advantageous to You.

    30. Grievance Officer

    In aIn accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith: Epaykart Attn: Legal Department,Off-208, Singhal Tower, Sec-58, Noida-201301 India; Email info@epaykart.com.

     

    If any dispute arises between you and  epaykart.com during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by epaykart.com. The place of arbitration
    shall be Delhi. The Arbitration  Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

    The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.

    This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

    We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

    All Complainces will be handle under the juridiction Noida