Terms & Conditions
This
document is an electronic 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
www.Cs-cart.in website.
User Agreement
Your use of a Cs-cart website {including www.Cs-cart.in
(hereinafter 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. This User Agreement for the Website shall come into
effect on 0000 hours India Standard Time 20th November, 2013 ("User
Agreement"). If you reside in India, you are contracting with Salasar ecommerce Total Solutions Pvt. Ltd. Company with registered office at
235,old bagadganj layout , shastri nagar chowk , Nagpur-440008 (Maharashtra).
For the purpose of the User Agreement, Registered User / Guest
User and wherever the context so require 'You' shall mean any natural or legal
person who has agreed to become a member of the Website by providing
Registration Data (as defined hereinafter) while registering on the Website as
Registered User / Guest User using the computer systems of the Website and
accepted this electronic version / electronic record of the User Agreement and
has allocated himself a unique identification user name ("User ID"
and "Password") to become Registered User or have been identified as
Guest User by providing cell number and email id..
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 Cs-cart.in'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.
When You use any of the services provided by Us through the
Website, including but not limited to, (e.g. Product Reviews, Seller Reviews),
You will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated into
this User Agreement and shall be considered as part and parcel of this User
Agreement. We reserve the right, at Our sole discretion, to change, modify, add
or remove portions of these User Agreement, at any time without any prior
written notice to You. It is Your responsibility to review these User Agreement
periodically for updates / changes. Your continued use of the Website following
the posting of changes will mean that You accept and agree to the revisions. As
long as You comply with these Terms of Use, We grant You a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Website.
By impliedly or expressly accepting this User Agreement, You
also accept and agree to be bound by Cs-cart.in Rules and Policies as provided
from time to time in the following hyperlinks:
1. Cs-cart.in Policies & Rules.
2. Cs-cart.in Privacy Policy.
Please note: various underlined words and phrases are
hyperlinked to various rules and policies on the Website. By accepting this
User Agreement, User also agree that your use of respective country's Cs-cart.in
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. Cs-cart.in reserves the right to terminate your membership and refuse to
provide you with access to the Website if it is brought to Cs-cart.in's 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.
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 Cs-cart.in'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 Cs-cart.in has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, or not in accordance with the
User Agreement, Cs-cart.in 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 communication to Cs-cart.in, You agree and understand that You
are communicating with Cs-cart.in through electronic records and You consent to
receive communications via electronic records from Cs-cart.in periodically and
as and when required. Cs-cart.in will communicate with You by email or
electronic records on the Cs-cart.in Website which will be deemed adequate
service of notice/electronic record.
4. Fees and
Services.
Membership on the Website is free. Cs-cart.in 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. Cs-cart.in
reserves the right to change its Service Fee and Credit policies from time to
time. In particular, Cs-cart.in 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 Cs-cart.in 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 Salasar ecommerce Total
Solutions Pvt. Ltd. within such time as specified in the invoice.
4.1 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 Wednesday money (order final value minus our service fees) will be
electronically transferred for all Completed Orders occurred 7 days back to
your mentioned bank account.
4.2 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.
4.3 Non payment: Cs-cart.in 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 Cs-cart.in. Cs-cart.in also reserves the right to
take legal action in case of non-payment of fees by you to Cs-cart.in.
5. Use of the
Website
5.1. You understand and agree that Cs-cart.in 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. Cs-cart.in 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. Cs-cart.in has no control over
the third party user generated contents.
5.2. You agree, undertake and confirm that your use of the
Website shall be strictly governed by the following binding principles:
1. "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.
2. 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:
(a) belongs to another person and to which You does not have any
right to;
(b) 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;
(c) is patently offensive to the online community, such as
sexually explicit content, or content that promotes obscenity, paedophilia,
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
(d) harm minors in any way;
(e) 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;
(f) involves the transmission of "junk mail",
"chain letters", or unsolicited mass mailing or "spamming";
(g) violates any law for the time being in force;
(h) deceives or misleads the addressee/ users about the origin
of such messages or communicates any information which is grossly offensive or
menacing in nature;
(i) impersonate another person;
(j) contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
computer resource; or contains any Trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information;
(k) 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.
(l). shall not be false, inaccurate or misleading;
(m) 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, Cs-cart.in 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 policies and
rules
(n) 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
(o) 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;
3. Solely to enable Cs-cart.in 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. Cs-cart.in will only use Your Information in accordance
with the User Agreement and Cs-cart.in's Privacy Policy.
4. 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.
5. 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 Cs-cart.in of the same at support@Cs-cart.in.
6. You shall at all times ensure full compliance with the
applicable provisions of the Information Technology Act, 2000 and rules
thereunder 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
listing, purchase, solicitation 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 Artwork 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.
6A . You shall not, either alone or in conjunction with other
Users, manipulate or attempt to manipulate the prices of any item or services
being sold or purchased on the Website
7. 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.
8. It is possible that other users (including unauthorized users
or "hackers") may post or transmit offensive or obscene materials on
the Website and that you may be involuntarily exposed to such offensive and
obscene materials. It also is possible for others to obtain personal
information about you due to your use of the Website, and that the recipient
may use such information to harass or injure You. We does not approve of such
unauthorized uses, but by using the Website You acknowledge and agree that We
are not responsible for the use of any personal information that You publicly
disclose or share with others on the Website. Please carefully select the type
of information that you publicly disclose or share with others on the Website.
9. You shall not attempt to or circumvent or manipulate our Fee
structure, the billing process or Fees owed to Cs-cart.in as detailed and
agreed in MOU signed by merchants/sellers.
6. 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 our site. If you object to
your Information being transferred or used in this way please do not use the
Website.
7A. 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 Cs-cart.in in accordance with Cs-cart.in Privacy Policy.
7. Payments
Payments for items on the Website can be made through the
electronic or through online transactions, as may be permitted by Cs-cart.in in
its sole discretion.
8. Breach
Without limiting other remedies, Cs-cart.in 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 or the documents, agreements rules, policies, terms and
conditions these incorporated herein by reference incorporated herein by
reference;
2. If Cs-cart.in 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 Cs-cart.in. Cs-cart.in 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 Cs-cart.in or use the Website in
any manner whatsoever until such time that such User is reinstated by Cs-cart.in.
Notwithstanding the foregoing, if you breach the User Agreement or the
documents it incorporates by reference, Cs-cart.in reserves the right to
recover any amounts due and owing by you to Cs-cart.in 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.
9. Feedback
We encourage Registered buyers on the Website to provide
feedback to seller after the transaction has closed, this helps all Users to
know what it is like to deal with the said merchant/seller. After you conduct a
transaction, if applicable, we encourage you to leave feedback for the buyer or
seller that 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. Cs-cart.in 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, Cs-cart.in
reserves the right to suspend your membership, and you will be unable to list,
buy or bid on the Website.
Export - You acknowledge that your feedback consists of comments
left by other Users and a composite feedback number compiled by Cs-cart.in, 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.
Import - We do not provide the technical ability to allow you to
import feedback from other websites to Cs-cart.in because a composite number,
without the corresponding feedback does not reflect your true online reputation
within our community.
10. No Warranty
Cs-cart.in 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.
11. Limitation
of Liability
In no event shall Cs-cart.in 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).
Cs-cart.in's liability in any circumstance is limited to the
amount of fees, if any, paid by you to Cs-cart.in. Cs-cart.in, 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,
Cs-cart.in assumes no liability whatsoever for any monetary or other damage
suffered by you on account of:
1. The delay, failure, interruption, or corruption of any data
or other information transmitted in connection with use of the Website;
2. 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 Cs-cart.in has been advised of the possibility of
such damages).
12. Indemnity
You shall indemnify and hold harmless Cs-cart.in and (as
applicable) Cs-cart.in'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, Cs-cart.in 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.
13. General
None of the provisions of the User Agreement shall be deemed to
constitute a partnership or agency between you and Cs-cart.in and you shall
have no authority to bind Cs-cart.in in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be
given by postal mail on behalf of Cs-cart.in to Salasar ecommerce Total
Solutions Pvt. Ltd. Attn: Legal Department, at 235,old bagadganj layout,shastri
nagar chowk ,Nagpur-440008 (in the case of Cs-cart.in) 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 Cs-cart.in with respect to the subject matter hereof.
In Cs-cart.in's sole discretion, Cs-cart.in may transfer its
rights and obligations (also known as "assign") under this Agreement
without your prior express consent, provided that Cs-cart.in assigns the
Agreement on the same terms or terms that are no less advantageous to You.
19A. Disputes Resolutions
Generally, transactions are conducted smoothly on Cs-cart.in.
However there may be some cases where both the Buyers and Sellers may face
issues. At Cs-cart.in, we have a Dispute Resolution process in order to resolve
disputes between Buyers and Sellers.
A 'Dispute' can be defined as a disagreement between a Buyer and
a Seller in connection with a transaction on the Website. Disputes are filed as
a result of a disagreement between the Buyer and the Seller. Disputes arise out
of an issue that is raised by either party not being completely satisfied with
the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute,
they should attempt to solve the issue. Please note that whenever a Buyer
raises a dispute, the Seller's payment for that order is put on hold
immediately until the issue is resolved.
How is a 'dispute' resolved?
Whenever there is a disagreement, the Seller and Buyer can write
to support@Cs-cart.in in order to raise a dispute. Disputes can be raised at a
particular transaction level.
In case the Seller rejects the return request of the Buyer, and
Buyer raises a dispute, then Cs-cart.in will try to mediate and resolve the
dispute between both the parties. If the dispute is resolved in favour of the
Buyer, a refund is provided once the product is returned to the Seller. If the
dispute is settled in favour of the Seller, Buyer is entitled to any refund.
14. Arbitration
If any dispute arises between you and Cs-cart.in 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 Cs-cart.in. The place of arbitration shall be Nagpur. The Arbitration &
Conciliation Act, 1996, shall govern the arbitration proceedings. The
arbitration proceedings shall be in the English language.
15. Governing
Law
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.