GlobalKart Tech Private Limited and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, "GlobalKart") is/are concerned about the privacy of the data and information of users (including sellers and buyers/customers whether registered or non-registered) accessing, offering, selling or purchasing products or services on GlobalKart's website: www.globalkart.com its pages, subdomains and associated apps ("Website") and otherwise doing business with GlobalKart. "Associate Companies" here shall have the same meaning as ascribed in Companies Act, 2013.
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- The purpose for collection of such data or information from You;
- GlobalKart's information security practices and policies; and
- Information collected and storage of such Information: The "Information" (which shall also include data) provided by You to GlobalKart or collected from You by GlobalKart may consist of "Personal Information" and "Non-Personal Information".
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- Your user name along with Your password,
- Your name,
- Your address,
- Your telephone number,
- Your e-mail address or other contact information,
- Your date of birth,
- Your gender,
- Information regarding your transactions on the Website, (including sales or purchase history),
- Your financial information such as bank account information or credit card or debit card or other payment instrument details including OTP,
- Internet Protocol address,
- Any other items of sensitive personal data or information' as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
- Identification code of your communication device which You use to access the Website or otherwise deal with any GlobalKart entity,
- Any other Information that You provide during Your registration process, if any, on the Website. Such Personal Information may be collected in various ways including during the course of You:
- Registering as a user on the Website,
- Availing certain services offered on the Website. Such instances include but are not limited to online purchase, participating in any online survey or contest, communicating with GlobalKart's customer service by phone, email or otherwise on the Website, orotherwise doing business on the Website or otherwise dealing with any GlobalKart entity.
GlobalKart may also collect information other than Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist GlobalKart to identify You personally. This Non-Personal Information may include:
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- Your geographic location,
- Details of Your telecom service provider or internet service provider,
- The type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),
- The operating system of Your system, device and the Website You last visited before visiting the Website,
- GlobalKart may store temporary or permanent cookies' on Your computer. You can erase or choose to block these cookies from Your computer. You can configure Your computer's browser to alert You when we attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website.
You hereby represent to GlobalKart that:
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- The Information you provide to GlobalKart from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to GlobalKart.
- Your providing the Information to GlobalKart and GlobalKart's consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
- Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
- Purpose for collecting, using, storing and processing Your Information:GlobalKart collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of GlobalKart entities and shall include the following:
- To facilitate Your use of the Website or other services of GlobalKart entities;
- To respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
- To provide You with information about products and services available on the Website and to send You information, materials, and offers from GlobalKart;
- To send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
- To send You surveys and marketing communications that GlobalKart believes may be of interest to You;
- To personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
- To help You address Your problems incurred on the Website including addressing any technical problems;
- If You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
- For proper administering of the Website;
- To conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
- To improve the services, content and advertising on the Website;
- To provide value added services such as Single Sign On. Single Sign On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple websites and applications;
- To facilitate seamless purchase experience while making a transaction by pre-populating the OTP received through SMS by you
- To facilitate various programs and initiatives launched by GlobalKart or third party service providers and business associates
- To analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
- To conducting academic research and surveys
- To protect the integrity of the Website;
- To respond to legal, judicial, quasi-judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
- To conduct analytical studies on various aspects including user behavior, user preferences etc.;
- To permit third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product related support;
- To implement information security practices;
- To determine any security breaches, computer contaminant or computer virus;
- To investigate, prevent, or take action regarding illegal activities and suspected fraud,
- To undertake forensics of the concerned computer resource as a part of investigation or internal audit;
- To trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by GlobalKart;
Sharing and Disclosure of Your Information
You hereby unconditionally agree and permit that GlobalKart may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various GlobalKart entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by GlobalKart under applicable law.
GlobalKart may also share Personal Information if GlobalKart believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims. You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.
You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.
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Links to third party websites
Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, GlobalKart unless expressly specified on the Website.
Security & Retention
The security of your Personal Information is important to us. GlobalKart strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, GlobalKart adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where GlobalKart stores Your Personal Information. Each of the GlobalKart entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all GlobalKart entities from any claim of damages under contract or under tort.
If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).
GlobalKart may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, GlobalKart is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. GlobalKart is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).
Notwithstanding anything contained in this Policy or elsewhere, GlobalKart shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
A Force Majeure Event shall mean any event that is beyond the reasonable control of GlobalKart and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of GlobalKart), power or electricity failure or unavailability of adequate power or electricity.
While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.
You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.
User discretion and opt out
You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit GlobalKart to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective GlobalKart entity as may be notified to You. In such case, You should neither visit any Website nor use any services provided by GlobalKart entities nor shall contact any of GlobalKart entities. Further, GlobalKart may not deliver products to You, upon Your order, or GlobalKart may deny you access from using certain services offered on the Website.
You can add or update Your Personal Information on regular basis. Kindly note that GlobalKart would retain Your previous Personal Information in its records.
Business / Assets Sale or Transfers
- Is clear and easily accessible and provide statements of GlobalKart policies and practices with respective to the Information;
- Provides for the various types of personal or sensitive personal data of information to be collected;
- Provides for the purposes of collection and usage of the Information;
- Provides for disclosure of Information; and
- Provides for reasonable security practices and procedures.
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- GlobalKart Tech Private Limited is a company incorporated under the laws of India, with its registered office at 509, Laxmi Deep Building, Laxmi Nagar District Center,Vikas Marg, New Delhi, India - 110092 and having CIN U74999DL2019PTC344577. GlobalKart Tech is an intermediary in the form of an online marketplace and is limited to managing the Website to exhibit, advertise, display, make available and offer to sell the products by itself as well as the sellers and to enable buyers to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.
If there is any conflict:
- The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
Eligibility to Use
- GlobalKart reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
- You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
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User Account, Password and Security
- You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
- Registered users: GlobalKart makes certain sections of the Services available to You through the Website only if You have provided GlobalKart certain required User information and created an account and a GlobalKart ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (GlobalKart ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").In the event that You register as a User by creating an Account in order to avail of the Services provided by the Website, 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 GlobalKart 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. GlobalKart 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 GlobalKart 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 GlobalKart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GlobalKart 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).
Payments Related Information
- GlobalKart may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) in the course of a single transaction. GlobalKart will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, GlobalKart 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 You/cardholder having exceeded the preset limit mutually agreed by GlobalKart with its bank from time to time.
- For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and GlobalKart does not control the same and shall be liable for the same.
- Payment Facility for Your orders: GlobalKart 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 Users i.e. buyers and sellers and for collection of GlobalKart'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. GlobalKart shall initiate the remittance of the payments made by Your for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between GlobalKart and sellers.
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User Obligations and Role of GlobalKart
- Subject to compliance with the Agreement(s), GlobalKart grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
- You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website in accordance with clause 7.
- 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 GlobalKart. 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.
- 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 such content in the manner prescribed under clause 13 herein.
- 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 GlobalKart 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 GlobalKart does not endorse any User Content on the Website and is not responsible or liable for any User Content. GlobalKart reserves the right to disable access to the User Content on the Website.
- 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.
- When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
- Belongs to another person and to which the User does not have any right to;
- 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 whatsoever
- Harms minors in any way
- Impersonates any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Threatens the unity, integrity, defense, 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 of any other nation;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Contains software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Engages in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Attempts to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any GlobalKart server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- Probes, scans or tests the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of GlobalKart, including any GlobalKart Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupts or interferes with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Uses the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of GlobalKart or other third parties;
- Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violates any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violates any applicable laws or regulations for the time being in force within or outside India;
- Violates the terms of the Agreement.
- 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. 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.
- 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.
- 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.
- Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, GlobalKart reserves the right to cancel any orders that classify as 'Bulk Order' as determined by GlobalKart as per certain criteria. Any rewards or benefits provided by GlobalKart and used by You for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by GlobalKart for the purpose of identifying 'Bulk Order', including but not limited to:
- Products ordered for commercial resale and not for self-consumption;
- Multiple orders placed for same product at the same address;
- Bulk quantity of the same product ordered;
- Invalid address given in order details; or
- Any malpractice used to place the order.
- There may be certain orders that GlobalKart is unable to process and must cancel. Some situations that may result in GlobalKart's inability to process the buyer's order include, without limitation, non-availability of the Website service, force majeure, credit limitations or suspected fraud.
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Use of Content
- Except as expressly indicated to the contrary in any applicable Additional Service Terms, GlobalKart hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
- You may not modify or alter product catalogues available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
- 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.
- Any software that is available on the Website is the property of GlobalKart 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 GlobalKart.
Intellectual Property Rights
- The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by GlobalKart or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. GlobalKart reserves the right to change or modify the Content from time to time at its sole discretion.
- The trademarks, logos and service marks displayed on the Website ("Marks") are the property of GlobalKart or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of GlobalKart, the vendor/seller or the third party that may own the Marks.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, GlobalKart owns all intellectual property rights to and into the trademark "GlobalKart", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from GlobalKart or thirty party owner of such Content.
Third Party Content
- 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. GlobalKart 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. GlobalKart shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
- 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. GlobalKart 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.
Indemnification and Limitation of Liability
- You agree to indemnify, defend and hold harmless GlobalKart, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
- GlobalKart may notify You of any claims which You shall be liable to indemnify GlobalKart against. You will then be required to consult with GlobalKart regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of GlobalKart without the express prior written consent of GlobalKart which can be withheld or denied or conditioned by GlobalKart in its sole discretion.
- Notwithstanding anything to contrary in the Agreement(s), in no event shall GlobalKart, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not GlobalKart has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
- The Agreement will continue to apply until terminated by either You or GlobalKart as set forth below. If You want to terminate Your agreement with GlobalKart, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where GlobalKart has made this option available to You.
- GlobalKart is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Services to You by GlobalKart is, in GlobalKart's opinion, no longer commercially viable;
- GlobalKart has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
- In the event GlobalKart faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
- GlobalKart may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
- You agree that all terminations shall be made in GlobalKart's sole discretion and that GlobalKart shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
- Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until GlobalKart chooses to terminate them. GlobalKart may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.
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Governing Law and Jurisdiction
Report Abuse and Take Down Policy
- When You use the Website or send emails or other data, information or communication to GlobalKart, You agree and understand that You are communicating with GlobalKart through electronic records and You consent to receive communications via electronic records from GlobalKart periodically and as and when required. GlobalKart will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
- Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. GlobalKart's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by GlobalKart to any third parties without the requirement of seeking Your prior consent. GlobalKart may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. GlobalKart shall have right to transfer Your Account and Account Information to a third party who purchases GlobalKart's business as conducted under the Website.
- Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of GlobalKart for the purpose of this Agreement can be contacted at email@example.com GlobalKart may change the aforesaid details from time to time under intimation to You.
Feedback and Information
- Any feedback You provide to this Website shall be deemed to be non-confidential. GlobalKart shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) GlobalKart is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) GlobalKart may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from GlobalKart for the feedback under any circumstances.
- To clarify, GlobalKart may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however GlobalKart shall not be obliged to do so. Further, in the event that GlobalKart makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to GlobalKart, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.