Terms & Conditions
Welcome to the Kartabed.com site (the "Site") and our selling services (the "Services"). Any person who wants to access the Site and use the Services to buy items must accept the terms and conditions of this Participation Agreement without change. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.
Kartabed LLP ("Kartabed") reserves the right to change any of the terms and conditions contained in this Participation Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Participation Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING KARTABED.COM'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
1. Eligibility. Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, e-mail address. Buyer must provide Kartabed.com with true and accurate information when registering and must maintain and update that information as applicable. Buyer will not impersonate any person or use a name he or she is not legally authorized to use. Buyer authorizes Kartabed.com to verify his or her information (including any updated information). You represent and warrant that: (a) if you are a business, you are duly organized, registered and validly existing and in good standing under the laws of India and (b) you have all requisite right, power and authority to enter into this Participation Agreement and perform your obligations hereunder.
2. Kartabed.com's Role. Kartabed.com provides a platform for third-party sellers ("Sellers") and buyers ("Buyers") to negotiate and complete transactions at a competitive price. Kartabed.com is not involved in the actual transaction between Sellers and Buyers. As a Buyer, you use the Site and the Services at your own risk.
3. Electronic Communications. You consent to communicating with Kartabed.com electronically, such as via email, online forms, online notices, and SMS. Kartabed.com will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Kartabed.com provides to you electronically, satisfy any legal requirement that such communications be in writing.
4. Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kartabed.com and its sellers and protected by Indian copyright laws. The compilation of all content on this site is the exclusive property of Kartabed.com and is protected by Indian copyright laws. All software used on the Site is the property of Kartabed.com or its software suppliers.
5. Trademarks. Kartabed.com is the trademark of Kartabed.com, LLP. Other Kartabed.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Kartabed.com, LLP. Product images are the copyright of Kartabed.com's sellers. Kartabed.com trademark and trade dress may not be used in connection with any product or service that is not Kartabed.com's product or service, as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Kartabed.com. All other trademarks not owned by Kartabed.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kartabed.com.
6. Kartabed.com Participation. Employees
of Kartabed.com and its affiliates are permitted to participate in their
personal capacity (i.e., not as Kartabed.com employees, representatives,
or agents of Kartabed.com or its affiliates) in the transactions
conducted through this Site (unless they have confidential
information about a particular item).
8. License and Site Access. Kartabed.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kartabed.com. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kartabed.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kartabed.com without the express written consent of Kartabed.com. You may not use any Meta tags or any other "hidden text" utilizing Kartabed.com's name or trademarks without the express written consent of Kartabed.com. Any unauthorized use terminates the permission or license granted by Kartabed.com, and may result in legal proceedings against you.
The Site may, at times, be unavailable to buyers. Kartabed.com shall not be liable for any harm to Buyer occurring in connection with such unavailability. Unavailability may occur, for example, as a result of maintenance, hardware and/or software upgrades, security measures, or other reasons at the discretion of Kartabed.com. The duration of such unavailability may be any length, but may, in many cases, last a few minutes to two hours. Kartabed.com is not required to give any notice of unavailability, but Kartabed.com may, at their discretion, give 30 days prior notice of unavailability when possible.
You may not use any logo or other proprietary graphic or trademark of Kartabed.com as part of the link without our express written permission. Kartabed.com reserves the right to terminate your account or disallow your access to the site for any reason, including for posting illegal, inaccurate, abusive or negative comments.
Kartabed.com is not responsible and makes no representations as to the validity of any information provided by Buyers or Sellers. Kartabed.com does not necessarily agree with any information posted by Buyers and Sellers.
9. Activity on the Site. The Site and the Services is not intended for use by children. If you are under 18, you may use the Site and the Services only with involvement of a parent or guardian. Kartabed.com and Sellers on the Site reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion.
10. Illegal Activity
a. Compliance with Laws; Fraud. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of Central and state laws. Fraudulent conduct may be reported to law enforcement and Kartabed.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
b. Investigation. Kartabed.com has the right and obligated, to monitor any activity and content associated with this Site and investigate as we deem appropriate. Kartabed.com also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings. Kartabed.com reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
c. Disclosure of Information. Kartabed.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Kartabed.com's systems and customers, or to ensure the integrity and operation of Kartabed.com's business and systems, Kartabed.com may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
11. Privacy; Use of Kartabed.com Transaction Information.
a. When you use the Services, some personally identifiable information about you, including your feedback and the e-mail address associated with your account, may be displayed on the Site and may be viewed by potential buyers.
b. You will not directly or indirectly disclose, convey or use any order information or other data or information acquired by you from Kartabed.com or its affiliates (or otherwise) as a result of the Participation Agreement, the transactions contemplated hereby or the parties' performance hereunder (collectively, "Kartabed Transaction Information"), except you may disclose this information as necessary for you to perform your obligations under this Participation Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information. The terms of this Section 18(b) do not prevent you from using other information that you obtain separately from the Kartabed Transaction Information, even if such information is identical to Kartabed Transaction Information, provided that you do not target communications on the basis of the intended recipient being a Kartabed.com user.
12. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. KARTABED.COM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
b. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
c. THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF KARTABED.COM. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KARTABED.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES.
13. General Release. BECAUSE KARTABED.COM IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE KARTABED.COM (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
14. Limitation of Liability. KARTABED.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
15. Applicable Law / Jurisdiction / Dispute Resolution. The laws of the State of Tamil Nadu govern this Participation Agreement. In the event of any dispute arises between the Parties out of or in connection with this Agreement, including the validity thereof, the dispute shall be referred to a sole Arbitrator, who shall be mutually appointed by the Parties. The Arbitration proceedings shall be governed by the (Indian) Arbitration and Conciliation Act, 1996 and shall be held in Chennai and the language of arbitration shall be English. The courts in Chennai shall have the exclusive jurisdiction.
16. Disputes. Because Kartabed.com is not the agent of Seller and is not the agent of Buyer for any purpose, Kartabed.com will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. Kartabed.com urges Sellers and Buyers to cooperate with each other to resolve such disputes.
17. Termination. Kartabed.com, in its sole discretion, may terminate this Participation Agreement, access to the Site or the Services, or any current fixed price sales immediately without notice for any reason. Kartabed.com, in its sole discretion, also may prohibit any Seller from listing items for fixed price sales.
18. General Provisions
a. Entire Agreement. This Participation Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Notice and Conditions of Use, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
b. Severability. If any provision of this Participation Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
c. No Waiver. We will not be considered to have waived any of our rights or remedies described in this Participation Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Kartabed.com's failure to enforce the strict performance of any provision of this Participation Agreement will not constitute a waiver of Kartabed.com's right to subsequently enforce such provision or any other provisions of this Participation Agreement.
d. Return Policy - In case the product the buyer has received is 'Damaged', 'Defective' or 'Not as Described', the buyer can get it Replaced, Exchanged or if both not possible, get the paid amount Refunded, provided the product is sent back to the Seller within 30 days without any damage to the said product. In case the buyer notices any damages or defects within 30 days from the date of delivery, the Seller will replace the defective product with a brand new product at no extra cost. The Seller will try its best to replace the specific product ordered. However, the Seller can offer an alternate product (of same value or higher) in case the product is out of stock/ production. Normal wear and tear as well as damage due to negligence is not covered under this policy. The Return Policy within 30 days is also valid in case the buyer has changed his/her mind. To be eligible under the policy, the buyer should not remove the packaging or use the product.
For all eligible products, customers are advised to contact customer service within 30 calendar days from the time of dispatch. Any reasonable cost of shipping (to-and-fro) in case of a replacement will be borne by the Seller only if there is service deficiency on its part (i.e. incorrect goods shipped or damage during transit etc.,). In all other cases, the Buyer will bear the shipping charges.
Exceptions to the Return and replacement policy:
The following shall not be eligible either for return or replacement:
e. Non-standard order. Kartabed.com will price the product for the Buyer based on a certain formula provided by the Seller for non-standard items. The Buyer has to ensure the specifications are correct for such Non-standard items. In case of any errors from the Buyer's side, liability will not be on the Seller or Kartabed.com.
f. Bulk Order. Enquiries exceeding Rs. 1 Lakh, will be dealt on a case-to-case basis. In such cases, a competitive offer that will be communicated to the buyer as soon as possible.