Terms & Conditions
Effective Date: [●], 2020
These Terms of Service apply to the website located at heritagekart.com including all subpages and any other related webpages published by Heritagekart International Private Limited, collectively referred to herein as the “Website”. In these Terms of Service, the terms “HeritageKart”, “we”, “us” and other first-person pronouns refers to Heritagekart International Private Limited and its respective subsidiaries and affiliates.
The Terms of Service are a legally binding contract between you and HeritageKart (“Parties”). This agreement sets out your rights and responsibilities when you use our Website and any services provided by or on the Website (“Services”).
By using any of our Services (even just browsing one of our Website), you’re agreeing to the Terms. Further, based on the Services obtained by you, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between you and HeritageKart. If you don’t agree with the Terms, you may not use our Services.
These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/ or contributors of content.
- ABILITY TO USE THE SITE
In order to accept the Terms of Service and to use the Website, you must be at least 18 years of age (“Minimum Age”). You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable country; (b) you have the consent of your parent(s) to use the Website if you are under 18 years of age; (c) you have all the applicable rights and authority to grant HeritageKart the rights granted in these Terms of Service; and (d) you have read, understood, and agree to be bound by these Terms of Service. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use the Website.
- USER ACCOUNT
To access and use the Services, you must register with us by providing the required information. You acknowledge that we will use the email address you provide on opening an account or as updated by you from time to time as the primary method for communication with you. You are responsible for ensuring the accuracy of this information.
You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your account. You assume all risks associated with dealing with other users with whom you come in contact through the Website.
The billing information you provide us, including payment details, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service.
HeritageKart reserves the right to refuse service to accounts or remove or edit content or cancel an existing Account, for any reason, in its sole discretion.
- LICENSE TO USE WEBSITE
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms of Service. You agree that you will not violate any laws in connection with your use of the Services or interfere with or try to disrupt our Services.
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Website (collectively, “Content”) are owned by HeritageKart or it’s licensors. You are expressly prohibited from using any Content without the express written consent of HeritageKart or its licensors. Except as otherwise stated in these Terms of Service, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of HeritageKart, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Website solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without HeritageKart’s express written permission, ‘mirror’ any material contained on this Website or any other server. Any permission granted under these Terms of Service terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials.
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website that —
- a) belongs to another person and to which you do not have any right to;
- b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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;
- c) harm minors in any way;
- d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
- f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- g) impersonates another person;
- h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website;
- i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You agree not to collect information of other users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
- PRODUCT INFORMATION AND PAYMENT
All products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed the order.
We take care to accurately display the product description, colors and images of our products but, we cannot guarantee that your computer or phone screen’s display of any color will be accurate. Prices and descriptions of products are subject to change at any time without notice, at our sole discretion.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
All prices, listed on the Website, are inclusive of legally applicable GST. However, additional shipping and handling charges maybe applicable. The final amount required for payment will be shown to you immediately prior to purchase.
When ordering products from the Website for delivery outside of India, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges.
- INACCURACY DISCLAIMER
We hereby disclaim any guarantees of exactness as to the finish and appearance of the final product as ordered by you. The quality of any products, services, information, or other material purchased or obtained by you through the Website might have small variations.
From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Price and availability information contained on this site is subject to change without notice. We shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Website. All materials and information presented on the Website are intended to be used for informational purposes only.
- SHIPPING, DELIVERY AND RETURN POLICY
The products shall be shipped, after the payment is completed, at the shipping address provided by the you. We shall not be held accountable for delivery delayed due to reasons beyond our control including, but not limited to any act of nature, war and acts of war, strikes, riots, industrial actions, lock-outs, accidents, thefts, fire, blockade, power cut, import or export embargoes, physical obstructions, national catastrophes, acts of God, terrorist attacks, failure of public or private telecommunication systems, governmental laws, regulations, orders, or decree, etc.
If you are not completely satisfied with your HeritageKart purchase, you may return it as per our Return Policy.
- INTELLECTUAL PROPERTY
HeritageKart is a registered trademark, service mark, and/or trade name of Heritagekart International Private Limited. All other trademarks, service marks, and trade names contained in the Website are the properties of the respective owners. We disclaim any proprietary interest in trademarks, service marks and trade names other than our own. No use of these marks shall be made without our prior written authorization, except as necessary to accurately identify the products or services of HeritageKart.
- REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
This Website and all contents of the Website are provided on an ‘as is’ basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, implied warranties of merchantability, or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that we shall not be liable for any damages of any kind related to your use of this Website.
If, despite the limitation above, HeritageKart is found liable for any loss or damage which arises out of or in any way connected with the use of the Website and/ or provision of Services, then our liability will in no event exceed 5% ( Five percent) of the amount paid by you to HeritageKart in the past 12 months.
- LIMITATION ON LIABILITY
Subject to applicable law, in no event shall HeritageKart or its officers, directors, employees, shareholders or agents:
(a) be liable to you with respect to use of the Website, the content or the materials contained in or accessed through the Website (including without limitation any damages caused by or resulting from reliance by a user on any information obtained from HeritageKart), or any damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, fraud, or unauthorized access to HeritageKart’s records, programs or services; and
(b) be liable to you for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, or the inability to use the Website or any of their features.
Your sole remedy is to cease use of the website.
You agree to defend and indemnify HeritageKart and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of these Terms of Service, or your conduct or actions, or your account’s infringement of someone else’s rights.
You agree that HeritageKart shall be able to select its own legal counsel and may participate in its own defense, if HeritageKart wishes.
You understand that each time use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any state or country where such communication is received.
- SPAM POLICY
You are strictly prohibited from using the Website or any of HeritageKart’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
- THIRD-PARTY LINKS & CONTENT
HeritageKart may occasionally post links to third party websites or other services. You agree that HeritageKart is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to from our Website.
- MODIFICATION & VARIATION
We reserve the right to make changes to our website, policies, and terms and conditions, including these Terms of Service at any time. You will be subject to the Terms of Service in force at the time that you order products from us, unless any change to those Terms of Service is required to be made by law or government authority (in which case it may apply to orders previously placed by you).
HeritageKart may terminate these Terms of Service with you at any time for any reason, with or without cause. HeritageKart specifically reserves the right to terminate these Terms of Service if you violate any of the terms outlined herein. If you have registered an account with us, you may also terminate these Terms of Service at any time by contacting us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of your account. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
- GOVERNING LAW&JURISDICTION
These Terms of Service are governed by the laws of the India. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Ludhiana, Punjab, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
If any dispute arises between you and HeritageKart during your use of the Website or thereafter, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by HeritageKart. The place of arbitration shall be Ludhiana, Punjab, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service shall continue in full force.
- NO WAIVER
In the event thatwe fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
- REPORT ABUSE
As per these Terms of Service, users are solely responsible for every content posted on the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms of Service, please report to firstname.lastname@example.org.
Heritagekart International Private Limited