User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your websites including your domain (owned by you) or sub domains that is owned by CARTPAN. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform. No claims can be made over your property or digital assets and CARTPAN cannot be held responsible for any loss that may occur due to termination.
You agree to
Immediately notify CARTPAN of any unauthorized use / breach of your password or account and
ensure that you exit from your account at the end of each session.
Services Offered:
CARTPAN provides a website building services through the Platform. One such Service enables Users to setup ecommerce stores on our platform. The service can be availed on membership basis by purchasing online through various payment methods offered on our website. The sale/purchase of services shall be additionally governed by specific policies of sale, like cancellation policy, etc. In addition, these Terms of Use may be further supplemented by service specific conditions which may be displayed along with refund and privacy policies.
CARTPAN does not warrant that service description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You do 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
is misleading in any way
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
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 products
violates any law for the time being in force
threatens the unity, integrity, defence, security or sovereignty of the country the business is operating from, 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
shall not be false, inaccurate or misleading
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
Users fails to produce adequate documents during the payment details verification
Misuse of another Users’ phone/email
Users uses invalid address, email and phone no.
Overuse of a voucher code
Use of a special voucher not tagged to the email ID used.
Users refuses to pay for an order
Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to CARTPAN
Repeated request for monetary compensation for fake/used order
CARTPAN may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by CARTPAN:
Multiple orders placed for same service at the same address, depending on the category.
Invalid address given in order details
Any malpractice used to place the order
Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
Any order paced using a technological glitch/loophole.
You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of CARTPAN
You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads CARTPAN by sharing multiple address and phone numbers or transacting with malaise intentions.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
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 Your listing, purchase, solicitation of offers to purchase, and sale of products 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.
From time to time, You shall be responsible for providing information relating to the products 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 products or services so as to mislead other Users in any manner.
You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
The Content posted does not necessarily reflect CARTPAN’s views. In no event shall CARTPAN assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
CARTPAN hereby disclaims any guarantees of exactness of the content published by CARTPAN website building services. CARTPAN Refund Policy offers you the option to get a refund for the service ordered. For more information about the refund, please check out refund policy here ( https://www.CARTPAN.com/refund-policy)
Please note that you can only use CARTPAN website to buy services from your registered account. Your account credits / services cannot be transferred to any other CARTPAN user’s account, bank account, or wallets, etc.
Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third-party user generated content and CARTPAN has no control over such third-party user generated content as CARTPAN is merely an intermediary for the purposes of this Terms of Use.
You may use information on the products and services purposely made available on the Platform for creating your website
Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, CARTPAN does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
E-Platform for Communication:
You agree, understand and acknowledge that CARTPAN is an online platform that enables you to purchase services listed on the Platform at the price indicated therein at any time.
Indemnity:
You shall indemnify and hold harmless CARTPAN, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) 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 this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Trademark, Copyright and Restriction:
Platform is controlled and operated by CARTPAN. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on CARTPAN is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other CARTPAN or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
Limitation of Liability:
In no event shall CARTPAN be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
the use or the inability to use the Services or Products
unauthorized access to or alteration of the user’s transmissions or data
any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. CARTPAN shall not be held responsible for non-availability of the CARTPAN during periodic maintenance operations or any unplanned suspension of access to the CARTPAN. The User understands and agrees that any material and/or data downloaded at CARTPAN is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, CARTPAN’s liability shall be limited to an amount equal to the products purchased value bought by You, calculated on pro-rata basis from the time of incident of interruption till the service uptime period only. CARTPAN shall not be liable for any dispute or disagreement between Users
Termination:
CARTPAN may suspend or terminate your use of the CARTPAN or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until CARTPAN chooses to terminate them.
If You or CARTPAN terminates your use of the Platform or any Service, CARTPAN may delete any content or other materials relating to your use of the Service and CARTPAN will have no liability to you or any third party for doing so. However, your transactions details may be preserved by CARTPAN for purposes of tax or regulatory compliance.
CARTPAN may unilaterally terminate Your account on any event as mentioned in the Terms of Use. Any credits earned through loyalty or referral program, CARTPAN credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of CARTPAN.
If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead CARTPAN by sharing multiple address and phone numbers or transacting with malafide intentions then CARTPAN reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Mumbai. The place of jurisdiction shall be exclusively in Mumbai.
12.Disclaimer:
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through CARTPAN. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.
13.Convenience Fee
Subject to the Terms of Use and the below terms and conditions, CARTPAN may levy a convenience fee on certain services on the CARTPAN Platform, hereinafter collectively referred to as “Convenience Fee”.
The Convenience Fee shall be specified separately or included along with the cost of the service on the shopping bag page on the CARTPAN Platform.
The Convenience Fee shall be charged on the overall order value.
CARTPAN reserves the right to modify/waive off the Convenience Fee from time to time.
The Convenience Fee shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to CARTPAN.
Third Party Policies / Rules
CARTPAN uses various third-party services to deliver a seamless integrated platform and such services are governed by their own third-party policies and compliance procedures. CARTPAN does not have any control over such third-party policies and users of CARTPAN platform are automatically bound to comply when using our platform.