Introduction
This website and mobile application together “Company” (together termed as “cheaperkart”) is owned and operated by Futuretech Software (“Company”), having office at D/1 Ramkrishna Upanibesh, Sulekha, Jadavpur, Kolkata – 700092.
By visiting this website and obtaining the information, resources, services, products, and tools we provide, you acknowledge having read and abode by the terms and conditions expressed in this policy as well as the ones expressed in our Privacy Policy.
The responsibility to stay updated with the policies of our website vests with the “you/your” user(s) as it is subject to periodic amendments and that shall not be notified to you but the information will be displayed publically on our website after making such amendments. Therefore your continued use of this website after such modifications will be regarded as your acknowledgment and consent to the modified terms and conditions.
Any new features or tools which are added to the existing website shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page.
Our website is owned and operated by Futuretech Software
Nature & Applicability of Terms:
These terms and conditions (“Terms and Conditions”) and all applicable Policies which are herein incorporated by way of reference govern your rights and obligations as User(S) (defined below) using the Platform and/or availing the Services (defined below) as may be rendered by Futuretech Software (“Company”).
Any reference to User shall mean any person(or anyone on his behalf) who is desirous of availing the products/services of the website listed on the Platform and eligible to enter into contract as per Indian Contract Act, 1872
Any reference to Company shall mean Futuretech Software (“Company”)
Any reference to Agreement means the Agreement entered into by and between the Company and the user.
Any reference to ‘You’, ‘Your’ , ‘User’ shall mean any lawful individual or entity accessing to or using the services offered on this website, who is capable to be a party to binding contracts, in accordance to the provisions of the Indian Contract Act, 1872;
Any reference to ‘We’, ‘us’ & ‘Our’ shall mean the website “Company” and additionally the Company, as the context so requires;
Any reference to ‘Party’ and ‘Parties’ shall differently be used to address to the User and the Company exclusively and all in all, as the purpose so requires;
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at the “website” before you decide to access the website or avail the services made available on the website by “Company”. These Terms and conditions constitute a legal agreement (“Agreement”) between “You” and “Company” in connection with your visit to the website and your use of the services available on the website.
If you have any questions about any part of the Agreement, feel free to contact us at cheaperkart369@gmail.com
By downloading or accessing the website to use the services, you irrevocably accept all the conditions stipulated in this agreement, as available on the website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the website to avail the services. By availing any service, you accept terms of this agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Therefore your continued use of this website after such modifications will be regarded as your acknowledgment and consent to the modified terms and conditions.
If you do not agree with any part of the Agreement, please do not use the website or avail any services.
Your access to use of the Website and the Services will be solely at the discretion of “Company”
This Terms and conditions are published in compliance of, and are governed by the provisions of Indian law, including but not limited to:
The Indian Contract Act, 1872
The (Indian) Information Technology Act, 2000, and
ONLINE PLATFORM TERMS (“Website Terms”)
Company is a platform provided by the Company to the user(s) to promote services/products offered by the Company (hereinafter referred as Platform) and to avail the products/services listed on the Platform by the Company. It is hereby clarified that the Company reserve the rights to any transaction between the Company and users availing the products/services on the Platform.
Company is a platform for retail selling of clothing, accessories products including casual wear for Men/Women (all kinds of T-shirts, wallets, watches, bags, shocks, shorts, saree) and Kids wear for age group of 6months-14 Years (both boys and girls).
The Company, through his platform (i.e mobile application and website) provide the products/services to the user(s). The Company shall also provide such other services as may be included and modified by it from time to time. The Services governed by these Terms and Conditions and all applicable Policies of the Platform, as may be amended from time to time and shall be deemed to be incorporated in these Terms and Conditions by way of reference.
We hereby expressly deny our services to persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. Only individuals who are 18 years of age or older may use the website and avail Services. If you are under 18 years of age and intend to access or use the website services, your parents or legal guardian must acknowledge and agree to the Terms and Conditions. Should your parents or legal guardian fail to agree or acknowledge the Terms and Conditions, you shall immediately discontinue its use.
You also agree to not to misuse “our” website or services for a purpose that is either unauthorized or illegal in nature and not to use the Services in a manner which may result in the violation of any laws applicable your state or province (including but not limited to copyright laws).
You also undertake to not to disseminate or transmit any viruses or any code which has the potential to harm the content of “our” website in any way.
Any action that leads to the infringement or violation of any of the Terms and Conditions will result in an immediate termination of your Services.
YOUR ACCOUNT
To access and use the services, you must register for a Company account by providing your full legal name, contact details, current address, valid email address, city, state, pin code & any other information indicated as required. Company may reject your application for an account in case of any required information not being provided.
Information Technology Act
The User(s) does hereby specifically agree that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 (“IT Act”) as also rules, regulations, guidelines, byelaws and notifications made there under, [while assessing or feeding any information/data into the platform, computers, computer systems or computer network of the Company]. The User(s) does further unequivocally declare that in case of any violation of any provisions of the IT Act and/or rules, regulations, guidelines, byelaws and notifications made there under, the User(s) shall be solely responsible, at its sole cost and expenses for all acts, deeds and things and that the User(s) alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
Representations and Warranties
User(s) hereby represents and warrants to the Company as follows:
User(s) further represents and warrants that it is of at least 18 years and is possess the legal authority to enter into contracts.
If the User(s) has a registered account on our website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
If “user” uses the Platform on behalf of someone else, you will inform them about the ‘Terms’ that apply to any searches and/or bookings you have made on their behalf, including all rules and restrictions applicable thereto;
User(s) consents to the use of user’s name and other identifying and descriptive material in all formats, including, but not limited to, electronic media without any prior consent which shall not be unreasonably withheld.
‘Company’ shall hold the right to cancel, block access or indefinitely suspend the registration (without any prior information being provided to the user) of any user for violating the policies of our “website”. It shall be the duty of the user to comply with the terms of use of the website.
Legality of Content
The User undertakes and agrees not to host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which the “user” does not have any right to;
(ii) is grossly harmful, harassing, derogatory, slanderous, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, threatening, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or abusive in any nature or any information that advocates violence against any individual or group or is otherwise unlawful in any manner whatever;
(iii) Harms minors in any way
(iv) infringes any patent, trade secret, trademark, copyright or other proprietary rights or rights of publicity or privacy of any third-party;
(v) violates any law for the time being in force;
(vi) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person or includes identity documents and/or personal information including financial details;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform, any computer resource or transmits, through any medium, computer viruses of any kind including Trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer program which facilitates hacking of computer system with the intent of damaging or interfering with any computer system or computer network or intercepts any system, information or personal data;
(ix) threatens the unity, integrity, defence, security or sovereignty of India, 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;
(x) Related to prostitution or any other service in the nature thereof that purports to violate the provisions of the Immoral Traffic (Prevention) Act, 1956 and the Indecent Representation of Women (Prohibition) Act, 1986 and/or any prevailing reasonable standards of morality and decency.
Suspension of Services
The Company reserves the right to suspend the Services without liability if:
The Company reasonably believe that the Services are being used in breach of the Terms and conditions/Agreement;
User(s) does not cooperate with our reasonable investigation of any suspected violation of the Terms and conditions/Agreement;
There is an attack on “your” Hosted System or your Hosted System is accessed or manipulated by a third party without “your” consent;
The Company is required by law or a regulatory or government body to suspend your Services; or
There is another event for which the Company reasonably believe that the suspension of Services is necessary to protect the Platform and our other customers.
If the “user” found to be involved in or associated with any unethical illegal or unlawful activities, than in that eventuality, the account of the “user” would be summarily suspended by the Company, without issuance of any notice and subsequently the Company may terminate the Agreement, after issuing a show cause notice to that effect and after duly considering the reply, if any, received within 10 days of the receipt of the show cause notice.
Intellectual Property Rights
The Company website shall hold all the ownership rights or licenses of all the intellectual property rights on our platform and the content (including, not limited to, price and availability of the website services/products) as well as the infrastructure used to provide such content.
“You” agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software products or services, copyright, trade mark, or other proprietary rights notices obtained from or through this platform.
If “You” copy or use any part of the platform in breach of the terms, “Your” right to use the platform will cease immediately and “You” must destroy any copies of the materials “You” have made.
“You” agree not to generate automated page impressions or content on the Platform.
Passwords and content
User(s) will keep any passwords or log-in details used in connection with the Service secure and shall be totally responsible for when and how the account with the Company is used and the actions of any people the user(s) give the password and log-in details to.
“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
The use of Spam and Virus Filters
The “Company” can use spam and virus filters and, to the maximum extent permitted by law, this may require the use third party equipment or services to monitor and filter any traffic between the equipment and the Internet. To the maximum extent permitted by law, the “Company” will not be liable for any loss or damage resulting from the use of spam or virus filters.
Redirecting to Third Party Sites
‘Company’ may, from time to time, provide links or tools from the Platform to other websites that are owned and controlled by third parties/Service Providers. These links are provided only for the convenience and the Company has no control over and will have no liability in respect of those websites.
The external linked websites that are added on our Platform are not under within the control and purview of ‘Company’. “Company” does not take any responsibility for the content in, or currency of, any external linked sites. A link on the website neither implies endorsement by ‘Company’ of the linked website, nor a relationship with the organization linked.
Waiver
Each Party’s omission or delay to enforce any right or remedy reserved to it, or to require the other Party’s performance of any of the terms or provisions stated in the Agreement, shall not be interpreted as a waiver of any right or remedy to which one Party is entitled.
Indemnity
Each party hereby agrees to indemnify, defend and hold harmless the other party from and against any and all losses, liabilities (including statutory liabilities), actions, Damages, proceedings, deficiencies, demands, claims, actions, judgments or causes of action, awards, assessments, Taxes, costs or expenses (including, without limitation, interest, penalties and attorneys’ fees, expenses and loss) (“Losses”) arising directly or indirectly and based upon, arising out of, or in relation to or otherwise in respect of:
any inaccuracy in or any breach of any Representation and Warranty, covenant, undertaking contained in this Agreement;
failure or neglect on the part of each party to fulfil or perform any of its obligations under this Agreement;
Any fraudulent or negligent acts of the other.
Amendments to the prices of products & services
We hereby undertake to not to bear any responsibility towards you or any third party concerned for any modification or variation in the prices of any product or service, or any further suspension or discontinuance of the Service or any portion thereof.
We further provide that the products available on “our” website shall be subjected to price changes without any reasonable notice for the same.
Exclusivity of products or services (where applicable)
“Our” website may also contain certain products/services which are available exclusively and solely on our website on an online mode. Such products or services may however, be accessible on a limited scale and may be conditioned to return or exchange only in accordance with the website Return Policy.
We assure to make our earnest efforts to display as correctly as possible the images of products available at the stores, but do not guarantee the same as per the display accessible to you through your device.
We hereby reserve the right to limit or control or discontinue the sales of any of “our “products or services to any person, any specific geographical area or jurisdiction as per “our” discretion.
We reserve the right to alter or modify the descriptions of our products or services and any consequent price alterations at any time without notice shall be at our sole discretion.
We do not represent or warrant the quality of “our” products or services or any other material procured or acquired by you to qualify to your expectations, or that any inaccuracies/insufficiencies in the Service will be rectified or corrected at our end.
Account Information & Online Bookings Terms:
We hereby secure the right to have discretion in terms of limit, control or refuse or cancel order of any product purchased in such quantities, which may primarily be based on the orders placed by or under the same customer account, the same banking details, and/or orders involving same billing and/or shipping address.
In circumstances warranting us to make cancellations or alterations in any specific order, we may make effort to informing the same by contracting you through provided e-mail address or billing address/phone number at the time of making order. We undertake to secure our rights related to limit, control or prohibit such orders, which in our opinion seem to be placed by dealers, resellers or distributors.
You hereby consent to provide true information regarding the current and complete details of the purchases made and the account information for all purchases made accurately. You further consent, to provide accurate information regarding your details and to regularly update your account information and such other information, including your email address and credit card numbers and expiration dates, so that we could process your orders and inform you, in any other cases if needed.
User feedback and submissions
If you send feedback or any other specific submissions in the form of creative ideas, plans suggestions, proposals, feedbacks or other materials either by reason of “our” request or without our request, whether by means of post or online (through e-mails or otherwise), you agree that we may have the discretion to use, edit, distribute, publish, translate or otherwise with such at any time without any restrictions in any medium.
We reserve the right to not to accept any liability to do any of the following acts-
(1) To maintain secrecy or to hold any creative ideas, plans, proposals or otherwise hold any of such in confidence;
(2) To make payments as “compensation” for any of the above-mentioned.
(3) To provide a response for any of the above-mentioned.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
User information
Your submission of personal information through the website is governed by our Privacy Policy. Please visit our Privacy Policy page on the website for more information.
Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Entire agreement
These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions
Governing Law
This Agreement shall be governed and interpreted in accordance with Indian laws and the Parties submit to the jurisdiction of the courts at Kolkata, India.
Dispute Resolution
In the event any dispute arises between the Parties out of or in connection with the Agreement, including the validity thereof, the Parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the Parties hereto, after reasonable attempts, which shall continue for not less than 30 (thirty) calendar days, gives a notice to this effect, to the other party in writing.
In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be mutually appointed by the Parties. In the event the Parties are unable to mutually agree on the identity of the sole arbitrator in the manner specified above, then the arbitration proceedings shall be conducted by the three Arbitrators of which the first arbitrator shall be appointed by “Company”, the second arbitrator by the “User” and both such arbitrators appointed shall mutually appoint the third presiding arbitrator. The Arbitration proceedings shall be governed by the (Indian) Arbitration and Conciliation Act, 1996 and shall be held in Kolkata, India and the language of arbitration shall be English.
Severability
The invalidity, illegality or unenforceability of any provision of the Terms and Conditions/ Agreement shall not affect the validity, legality or enforceability of any other provision of the Terms and Conditions/Agreement, which shall remain in full force and effect.
Binding Effect
These terms and Conditions are for the benefit and shall be binding upon the “User” and their respective associates/successors.
Promotions-
By using our services, you agree to receiving promotional or information content relevant to us through the medium of SMS or Email or both. Once you place an order with us, you automatically get subscribed to our order related notifications.
Headings
The headings contained in these terms and Conditions are for reference only and shall not affect in any way the meaning or interpretation of the terms.
Contact Information
If you have any questions or comments about our Terms and Conditions of service as outlined above, Please contact us at:
Futuretech Software
Email – cheaperkart369@gmail.com