TERMS AND CONDITIONS


PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING OR USING ANY PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, [www.Getekart.com] (the “Website”), Getekart offer of products & services for purchase/lease/rental/use on this Website, or your purchase of products & services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Getekart reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Getekart will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Getekart encourages you to review this agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Getekart. for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of himself/herself or any other legal entity.
It is clarified that the Privacy Policy (that is provided separately), forms an integral part of these Terms of Use and should be read in conjunction. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Website.


Provisions Of The Services Being Offered By Getekart

Please be advised that Getekart is offering products & services which are dynamic in nature; hence they will be constantly changing or evolving to offer you better experience & service levels. So, by using this website you acknowledge and agree the following:

  • The nature of products & services along with their features which Getekart offers may change or stop permanently or temporarily with its sole discretion from time to time or at any point of time without any prior notice to you.
  • Getekart reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice.
  • The Personal information (including your sensitive personal information, your financial information etc.) provided by you during the registration process at time of opening a user account at Getekart is complete and accurate and will remain accurate & up to date during the tenure of usage of its service. If anything found otherwise, Getekart will reserve the right at its sole discretion to reject your request for registration or suspend your account till the time all the needed information is updated accurately or terminate your account in the event of failure to provide the complete and accurate information
  • In the event of your account being disabled by Getekart, and you being prevented from using its services, you will be intimated by Getekart for your account details or any other information/files stored in your account and Getekart will have the right to delete all your user information stored in your account including any personal information or any sensitive personal data stored in your User account.
  • In order to ensure that we are not violating any right that you might have in your registration data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the registration data, in any media now or in future known, with respect to your registration data solely to enable us to use such registration data that you have supplied to us.
  • You may change/amend/correct/rectify/delete your registration date in your user account or delete complete user account at any time; however, process of deletion of user account will be done by Getekart which may take some time.
  • You will be solely responsible for confidentiality of your account and its password and Getekart will not be liable to any person for the loss or damage which may arise out of any failure by you to protect your account information and its credentials like user name and password.
  • You shall be solely responsible for your data or user content stored in your account with Getekart.
  • You undertake that you or any third party on your behalf will host, display, publish, upload, modify, transmit, update or share any information in Getekart account
    • that belongs to another person and to which you don’t have any right.
    • violates any law of the land which is in force or illegal in any other way
    • impersonates another person or legal entity or infringes any patent or trademark, copyright or other proprietary rights of any individual or legal entity.
    • contains software viruses or any other computer program or code, files designed to interrupt, destroy or limit the functionality of any computer resource;
    • does not contain any information / data which is opposed to public policy and harmful, obscene, invasive of another person’ privacy, harassing, encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
    • Affect or threatens the integrity, unity, sovereignty, security of India, or affect friendly relations with foreign nations or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.

    You understand and agree that Getekart reserves the right to remove and/or edit such detail / data / information as mentioned in clause number <9> of this agreement, if it is found in your account along with suspension of your account and services with Getekart with its sole discretion without entertaining any claims or disputes from your end.

  • Getekart, at its sole discretion, may set upper limit on number of your transactions at its value at any time which you may send and receive through its services.
  • Getekart may share any content generated by the User or their Registration Data with governmental agencies who are lawfully authorized for investigative, protective, cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law for the time being in force.
  • You agree to use the data / information / your account at Getekart along with its features / any API provided by Getekart for the integration to your website / application only for your personal purpose and not for any commercial purpose.
  • You agree that you will not access or attempt to access any of the Getekart services by any means including automated scripts / programs / codes / bots other than through the user interface provided by Getekart .
  • You agree that you will not engage in any activity that may interfere with or disrupt the Services (or the servers and networks which are connected to the Services) on this Website.
  • you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose unless you are specifically appointed by Getekart with a written agreement to do so.

Eligibility Requirement For Opening A Getekart Account

By creating / opening a Getekart Account, you represent and confirm that you are

  • 18 (eighteen) years of age or older;
  • not ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1972; and
  • entering into and performing this Agreement, as per applicable law.
  • You further represent and confirm that you are not a person debarred from using the Getekart Sites and/or receiving the Services under the laws of India or other applicable laws.
  • Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes.

Content In The Services

For purposes of these Terms of Use of services, the term “CONTENT” includes, but not limited to, information about products and services, data, product brochures, logos, Brand, images / photographs, audio & video clips, animations, written posts, articles, text matter, comments, software, Application, API scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services.
Please be advised that all the above type of content is being presented to you as part of the Services, including but not limited to advertisements in the services and sponsored content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to Getekart(or by other persons or companies on their behalf). You will not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part).
Getekart reserves the right (but shall have no obligation) to review, filter, modify, remove, flag, refuse any or all content from any Service. Getekart reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favourites, votes) posted on the website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. Getekart is not liable to pay royalty to any User for re-publishing any content across any of its platforms.
If you submit any material on the Website, you agree thereby to grant Getekart the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.
You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that Getekart has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Getekart may suffer) by doing so.


Proprietary Rights

You acknowledge and agree that Getekart(or Getekart’s licensors) own all legal rights, title and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Getekart and that you shall not disclose such information without Getekart’s prior written consent.
Unless you have agreed otherwise in writing with Getekart, nothing in the Terms of Use gives you a right to use any of Getekart’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Unless you have been expressly authorized to do so in writing by Getekart, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.


Exclusion Of Warranties

Nothing in these terms shall exclude or limit Getekart’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an “as is” and “as available” basis. In particular, Getekart, its parent company, subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

  • The information or contents provided on the website will be accurate, complete and updated;
  • Your use of the Services will meet your requirements;
  • Your use of the Services will be uninterrupted, timely, secure or free from error;
  • Any information obtained by you because of your use of the Services will be accurate or reliable, and
  • That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Getekart or from the use of Services shall create any warranty not expressly stated in the terms.
Getekart further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.


Limitation Of Liability

You acknowledge and agree that Getekart(or Getekart’s licensors) own all legal rights, title and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Getekart and that you shall not disclose such information without Getekart’s prior written consent.

  • Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
  • Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services;
  • The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
  • Your failure to provide Getekart with accurate Registration Data; or
  • Your failure to keep your password or account details secure and confidential.

The limitations on Getekart’s liability to you shall apply whether or not Getekart has been advised of or should have been aware of the possibility of any such losses arising.
The total liability of Getekart under all circumstances, for any proven claim, demand etc. of whatsoever nature, shall not exceed the Fees actually paid by the seller to Getekart during the period of 1(one) week immediately preceding the date of such proven claim/ demand.


Advertising

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by Getekart on the Services are subject to change without any specific notice to you.
In consideration for Getekart granting you access to and use of the Services, you agree that Getekart may place such advertising on the Services.


Authorization

By accepting the terms of these Terms of Use, you authorize us to hold, receive, disburse and settle funds on your behalf. Your authorization permits us to generate an electronic funds transfer between the payment system providers and our nodal account(s) held with our partner bank(s) (“NODAL ACCOUNT”) to process each payment transaction that you authorise.
Thereafter, you authorise us to transfer the payments received from your buyers to the bank account designated by you for this purpose at the time of registration (“ACQUIRING BANK”). Your authorisation will remain in full force and effect until your Getekart account is closed or terminated.


Card Association Rules

“CARD ASSOCIATION RULES” refer to the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed and adopted by the Card Associations. Card Associations shall mean any of RuPay, Visa, Mastercard, Visa Electron, Maestro, Diners, American Express or any other card association as may be specified by Getekart from time to time.
These Card Associations have infrastructure and processes to enable transaction authorizations. The Card Associations require you to comply with all applicable guidelines, rules, and regulations formulated by them.
The Card Associations reserve the right to amend their guidelines, rules and regulations. We may be required to amend modify or change these Terms of Use pursuant to amendments to the Card Association Rules and such amendments, if any, shall be deemed to be binding on the Users with immediate effect.
You agree to fully comply with all programs, guidelines, requirements that may be published and/or mandated by the Card Associations. Notwithstanding our assistance in understanding the Card Association Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Card Association Rules, regardless of whether you are aware of or have access to those provisions. For instance, RuPay, Mastercard, Visa and American Express make excerpts of their respective rules available on their internet sites.
In the event that your non-compliance of Card Association Rules results in any fines, penalties or other amounts being levied on or demanded of us by a Card Association, then without prejudice to our other rights hereunder, you shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded or spent by us in any manner in relation to such fines, penalties and levies. If you fail to comply with your obligations towards the Card Associations, Getekart may suspend settlement or suspend/ terminate the Services forthwith.


Settlements

In consideration of the Services rendered by us, you shall pay Getekart a commission (“Fee”). Getekart reserves the right to revise the Fee periodically and we will intimate you of any such change within reasonable time. On receipt of the payments in the Nodal Account, we will endeavour to instruct the partner bank(s) to transmit the payments payable to the seller, after deducting our Fee, from the Nodal Account to the seller’s designated bank account, within 3 (three) bank working days (or such other period as may be prescribed by the Reserve Bank of India from time to time) from completion of the transaction. Subject to any other provisions of these Terms of Use and completion of transaction, the seller acknowledges that we will settle the payments only upon actual receipt of payments in the Nodal Account and upon reconciliation of the payments by the Acquiring Banks, our payment gateway and the partner bank(s). The seller will bear and be responsible and liable for the payment of all relevant taxes in relation to the payments made under these Terms of Use.
Sellers receive the amount (minus our Fee) in their bank account within T+3 bank working days where T is defined as the date of intimation of the completion of the transaction.
Once a payment is authenticated by payment service providers, money is moved to our Nodal Account and the first settlement is initiated only after all required documents are received by Getekart.
Getekart shall be entitled to recover from the sellers, from time to time, any amounts due from it or incurred by Getekart on account of the following, unless the same are caused on account of negligence, act or omission of Getekart or its employees, officers etc.


Chargeback Of Transactions

It is defined as any penalty or charge which may be levied on Getekart by its partner bank(s) or the clearing house i.e. Reserve Bank of India or its local clearing agent (as the case may be) arising, inter alia, for:

  • excessive Chargeback of transactions or excessive failure of transactions or excessive buyer disputes and/or any other reason;
  • any amount due to Getekart from sellers.

If there are reasonable grounds to suspect that a transaction has been conducted in breach of this Terms of Use or in violation of any applicable laws or as a fraudulent transaction against the partner bank(s) or any buyer, the partner bank(s) shall be entitled to suspend or withhold the payments of the buyer that are due to the seller, pending enquiries by the partner bank(s) and till the resolution of such issues.
If any of the issues stated in this Clause 10 & 11 (Settlements & Chargeback of Transactions) are caused by or on behalf of the sellers, sellers shall indemnify and hold harmless Getekart against any such claims made by the partner bank(s), or the buyer, as the case may be. Getekart shall also have the rights to block any future payments in this regard.
In case of an occurrence of a Chargeback event, Getekart shall be entitled to withhold the settlements to the sellers, pending enquiries by the partner bank(s) or any regulatory body, as the case may be, till the resolution of such issues. Getekart shall also have the right to block any future payments to the sellers in this regard until all the issues relating to the Chargeback event(s) are resolved.


Prohibited Services

You agree you will not accept payments in connection with the following businesses, business activities or business practices:

  • Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services. Apparatus such as personal massagers/vibrators and sex toys and enhancements.
  • Alcohol, which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
  • Body parts, which includes organs or other body parts – live, cultured/preserved or from cadaver
  • Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam).
  • Cable TV descramblers and black boxes which include devices intended to obtain cable and satellite signals for free.
  • Child pornography in any form.
  • Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
  • Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials
  • Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
  • Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
  • Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs including but not limited to salvia and magic mushrooms.
  • Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
  • Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
  • Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content.
  • Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
  • Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property.
  • Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
  • Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes.
  • Offensive goods which includes literature, products or other materials that: (a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors; (b) Encourage or incite violent acts; and (c) Promote intolerance or hatred.
  • Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
  • Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a recognized and licensed medical practitioner in India or anywhere else.
  • Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
  • Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications.
  • Securities, which includes stocks, bonds, mutual funds or related financial products or investments.
  • Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
  • Traffic devices, which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related products
  • Weapons, which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
  • Wholesale currency, which includes discounted currencies or currency, exchanges including Crypto currencies.
  • Live animals or hides/skins/teeth, nails and other parts etc of animals.
  • Multi-level Marketing schemes or Pyramid/Matrix sites or websites using a matrix scheme approach.
  • Any intangible goods or services or aggregation/consolidation business.
  • Work-at-home information.
  • Drop-shipped merchandise
  • Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services.
  • Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, both local and international, including the laws of India.

Transaction Disputes

Chargeback is an approved and settled transaction that the partner bank(s), upon receiving a chargeback request from the buyer, reverses to the buyer, subject to the seller being unable to provide an explanation along with documentary evidence to the satisfaction of the partner bank(s) as to why the chargeback request should be rejected or the seller agreeing to such chargeback (“CHARGEBACK”).
Transactions may be disputed at any time up to 180 (one hundred eighty) days from the date of transaction by the buyers as per the Card Association Rules. In the event of rejection/ suspension of payments to the seller, Chargebacks, refunds and/or any other dispute relating to the transactions contemplated under these Terms of Use (“DISPUTED TRANSACTION”), on any grounds whatsoever, we will forthwith notify the seller of the same.
On such notification the seller will conduct an internal review of such matter and will, within 5 (five) working days from receipt of notification, revert to us in writing either:

  • requesting us to refund (“Refund Request”) the payment received by the seller in respect of such Disputed Transaction (“Refund Monies”); or
  • providing us with a statement explaining how the Disputed Transaction is not warranted, together with all documentary evidence in support of contesting such Disputed Transaction.
  • In the event that the seller provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 5 (five) working days or contests Disputed Transaction without providing supporting documentation to ours, payment service providers, Card Association and/ or issuing institution’s satisfaction, we will be entitled to recover the Refund Monies from credits subsequently made to the Nodal Account with respect to payments made by the seller’s buyers.

In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to the Nodal Account being lower than the Refund Monies, we will deduct the remaining Refund Monies from the interest free, refundable funds provided and replenished by you to Getekart from time to time (“SECURITY DEPOSIT”) and/ or set-off the remaining Refund Monies against the future payables to the seller and refund the same to the respective buyers. The seller will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith. It is hereby agreed and acknowledged by the parties that the Fees charged by us in respect of the Disputed Transaction will not be refunded or repaid by us to the seller, buyer or any other person.In the event either party issues a notice of termination to other party, Getekart reserves the right to withhold settlements towards sellers relating to such transactions which have not been settled as on the date of termination notice for a period of 180 (one hundred eighty) days (“WITHHOLDING TERM”). Parties agree that Getekart shall withhold such amount for the purpose of settlement of any Chargeback, refund and/or any other claim which may be raised by the buyer, post termination notice to these Terms. Getekart hereby undertakes that all outstanding dues (if any) will be settled in favour of the sellers after the expiration of Withholding Term subject to resolution of any Chargeback, refund and/or any claim by buyers, as the case may be.