Terms & Conditions - Make My Kart

 MakeMyKart.com Terms of Use

 

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 Terms of Use for access or usage of www.MakeMyKart.com website.


The domain name www.MakeMyKart.com (hereinafter referred to as "Website") is owned by proprietorship firm MMK Enteprises registered in New Delhi.


Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with MakeMyKart.com and these terms and conditions including the policies constitute your binding obligations, with MakeMyKart.com.


For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. MakeMyKart.com allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean MakeMyKart.com.

 

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 Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use 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.

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by MakeMyKart.com Policies ((including but not limited to Privacy Policy available on /s/privacy policy) as amended from time to time.


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 User of the MakeMyKart.com website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. MakeMyKart.com reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to MakeMyKart.com's notice or if it is discovered that you are under the age of 18 years.


Your Account and Registration Obligations

If You use the Website, 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 Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.


Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.


Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. MakeMyKart.com is not and cannot be a party to or control in any manner any transaction between the Website's Users.


Henceforward:

1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. MakeMyKart.com does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

 

2. MakeMyKart.com does not make any representation or Warranty as to specifics (such as quality, value, salebility, etc) of the products or services proposed to be soldor offered to be sold or purchased on the Website. MakeMyKart.com does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. MakeMyKart.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

3. MakeMyKart.com is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. MakeMyKart.com cannot and does not guaranteethat the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. MakeMyKart.com shall not and is not required to mediate or resolve anydispute or disagreement between Buyers and Sellers.

 

4. MakeMyKart.com does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.


5. MakeMyKart.com does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

 

6. At no time shall MakeMyKart.com hold any right, title or interest over the products nor shall MakeMyKart.com have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. MakeMyKart.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. MakeMyKart.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

At no time shall MakeMyKart.com hold any right, title or interest over the products nor shall MakeMyKart.com have any obligations or liabilities in respect of such contract.

MakeMyKart.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

 

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

 

9. You release and indemnify MakeMyKart.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, MakeMyKart.com cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.


Charges

 

Membership on the Website is free for buyers. MakeMyKart.com does not charge any fee for browsing and buying on the Website. MakeMyKart.com reserves the right to change its Fee Policy from time to time. In particular, MakeMyKart.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event MakeMyKart.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy 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. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to MakeMyKart.com Internet Private Limited.


Use of the Website

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

 

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(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 misleading in any way;

(d) 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;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";