The domain name www.kartwalaa.com, including related mobile site and mobile application as well as seller portal seller.kartwalaa.com (hereinafter referred to as “Platform”) is owned and operated by Kartwalaa, a company incorporated under the Parnership Act, 1932, with its registered office at 7-2-195 197 198 199, Main Bazar, Hindupur – 515201, Andhra Pradesh, India. Please read all the terms and conditions carefully before proceeding.
For the purpose of Terms of Use, wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to purchase the product on the Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a buyer and any visitor on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean Kartwalaa.
Your use of Platform and features therein is governed by following terms and conditions including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with Kartwalaa, and these terms and conditions including the policies constitute your binding obligations to Kartwalaa.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms and conditions at any time. In case of any changes or updates, we will notify you through available communication modes as mentioned. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. Accessing or using our platform indicates your agreement with all terms and conditions and agree to be bound by all of Kartwalaa’s policies that are applicable to you, as amended, from time to time.
Account and Registration Obligations
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with terms and conditions, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
Account Deactivation:
As per our policy, if a buyer requests for a closure of the account, the account will be put on hold for a period of 45 days to ensure smooth closure of transactions which have been made prior to his closure request and this will be available to the said buyer for tracking his orders, if required. Upon receiving confirmation of no pending orders, the buyer’s account will be deactivated provided there are no outstanding payments due from the buyer, with certain information being retained by Kartwalaa at all times, such as registered mobile number, registered email ID, and other transaction
related information. Such information is being retained for audit purposes and to prevent fraudulent acts from buyers in future.
Use of Platform/Content
You agree and understand that Kartwalaa merely provide a Platform for purchases and sales to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by us are third party user generated contents. Kartwalaa shall bear no responsibility or liability in relation to or arising out of third party user generated content.
You agree, undertake and confirm that your use of Platform shall be strictly governed by following binding principles:
- You shall not edit, modify, host, display, upload, modify, publish, transmit, update or share any information or image the cause the content infringements and encourages illegal activities on the platform.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform or any networks connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.
- You shall not make any negative, offensive or derogatory statement(s)/ comment(s) about us, the brand name or domain name used by us, including the terms Kartwalaa, kartwalaa.com or otherwise engage in any conduct or action that might degrade the image or reputation of Kartwalaa on the platform or otherwise blotch or temper any Kartwalaa trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us.
- From time to time you shall be responsible for providing information. In this connection, you undertake that all such information shall be accurate in all respects. You shall not amplify or over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.
- It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Platform, 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 Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
- All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Kartwalaa has no responsibility or liability over such third-party generated Content as Kartwalaa is merely an intermediary for the purposes. Except as expressly provided in terms and conditions, no part of the Platform including Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Kartwalaa’s prior written consent.
Communications
When you use the Platform or send emails, 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 or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
Product Description
Kartwalaa does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Charges
Registration on the Platform is free. Kartwalaa does not charge any fee for browsing/registering on the Platform. Kartwalaa reserves the right to change its fee policy from time to time. In particular, Kartwalaa may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, Kartwalaa 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 Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Kartwalaa. You shall be solely responsible for compliance with all applicable laws for making payments to Kartwalaa. You hereby agree that Kartwalaa shall have the right to set off any amounts due and payable by You to Kartwalaa against any payments due from Kartwalaa to You.
GST/Taxes
You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).
DATA Breach
Without limiting other remedies, we may limit your activity, immediately remove your information, and warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:
- If you breach the Terms and Conditions, privacy policy or other policies (if any);
- If we are unable to verify or authenticate any information you provide;
- If it is believed that your actions may cause legal liability for you, other users, or us;
- If you do not produce legal requirement documents and proper authentication as requested.
However the suspended or blocked account may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that account is reinstated by us. Foregoing, if you breach the terms and conditions or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and 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.
Trademark, Copyright and Restrictions
The Website is controlled and operated by Kartwalaa. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Kartwalaa’s material in any way and you must not assist any other persons to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited.
Liability Limitation
In no event shall Kartwalaa be liable for any special, incidental, indirect, or consequential damages of any kind in connection with terms and conditions, even if Kartwalaa has been informed in advance of the possibility of such damages.
Indemnity
You shall indemnify and hold harmless Kartwalaa its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective employees from any claim, demand, or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of your breach of terms and conditions, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
Applicable Laws
The terms and conditions shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Bangalore.
Jurisdictional Issues/Sale
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Kartwalaa makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Kartwalaa is not responsible for supply of products/refund for the products ordered from other
locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
Contact Us
In accordance with Information Technology Act 2000 and rules made there under, the contact details are provided below. Please reach/send us if you have any queries or questions to:
Grievance Officer
C/o Kartwalaa,
7-2-195 197 198 199,
Main Bazar, Hindupur – 515201.
Andhra Pradesh, India.
Email: grievances@kartwalaa.com