Terms & Conditions
Personal Information
“BachatKart”
is a trademark of BachatKart India Private Limited, a company incorporated
under the Companies Act, 2013 with its registered office at (Address)
The domain name https://bachatkart.in is
owned by the Company. The Company holds a FSSAI license, bearing no. : (FSSAI
No.).
Please feel free to reach out to us at our Customer Care helpline:
It is
strongly recommended that you read and understand these ‘Terms of Use’
carefully, as by accessing this site (hereinafter the “Marketplace”), you agree
to be bound by the same and acknowledge that it constitutes an agreement
between you and the Company (hereinafter the “User Agreement”). If you do not
agree with this User Agreement, you should not use or access the Marketplace
for any purpose whatsoever.
This
document is published in accordance with the provisions of Rule 3 of the
Information Technology (Intermediaries Guidelines) Rules, 2011. The User
Agreement may be updated from time to time by the Company without notice. It is
therefore strongly recommended that you review the User Agreement, as available
on the Marketplace, each time you access and/or use the Marketplace.
The terms
‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person visiting,
accessing, browsing through and/or using the Marketplace at any point in time.
Should
you have any clarifications regarding the Terms of Use, please do not hesitate
to contact us at <info@BachatKart.in>
Services Overview
The
Marketplace is a platform for domestic consumers to transact with third party
sellers, who have been granted access to the Marketplace to display and
offer products for sale through the Marketplace. For abundant clarity, the
Company does not provide any services to users other than providing the
Marketplace as a platform to transact at their own cost and risk, and other
services as may be specifically be notified in writing.
The
Company is not and cannot be a party to any transaction between you and the
third party sellers, or have any control, involvement or influence over the
products purchased by you from such third party sellers or the prices of such
products charged by such third-party sellers. The Company therefore disclaims
all warranties and liabilities associated with any products offered on the
Marketplace.
Services
on the Marketplace are available to only select geographies in India, and are
subject to restrictions based on business hours and days of third party
sellers.
Transactions through the Marketplace may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charge at the stage of check-out for a transaction through the Marketplace.
Eligibility
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/access the Marketplace.
However,
if you are a minor, i.e. under the age of 18 years, you may use/access the Marketplace
under the supervision of an adult parent or legal guardian who agrees to be
bound by these Terms of Use. You are however prohibited (even under provision)
from purchasing any product(s) which is for adult consumption, the sale of
which to minors is prohibited.
The
Marketplace is intended to be a platform for end-consumers desirous of
purchasing product(s) for domestic self-consumption. If you are a retailer,
institution, wholesaler or any other business user, you are not eligible to use
the Marketplace to purchase products from third-party sellers, who have been
granted access to the Marketplace to display and offer their products for sale
through the Marketplace.
The
Company, in its sole discretion and without liability, reserves the right to
terminate or refuse your registration, or refuse to permit use/access to
the Marketplace, if: (i) it is discovered or brought to notice that you do not
conform to the eligibility criteria, or (ii) the Company has reason to believe
(including through evaluating usage patterns) that the eligibility criteria is
not met/is violated by a user, or (iii) may breach the terms of this User
Agreement.
In order to determine compliance with eligibility criteria, the Company inter alia uses an algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.
License & Access
The
Company grants you a limited sub-license to access and make personal use of the
Marketplace, but not to download (other than page caching) or modify it, or any
portion of it, except with express prior written consent of the Company. Such
limited sublicense does not include/permit any resale or commercial use of the
Marketplace or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of the Marketplace or its contents;
any downloading or copying of information for the benefit of another third
party; or any use of data mining, robots, or similar data gathering and
extraction tools. The Marketplace or any portion of the Marketplace may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express prior written consent of the
Company. 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 the Marketplace or of the Company and/or its affiliates
without the express prior written consent of the Company. You may not use any
meta tags or any other “hidden text” utilizing the Company’s name or trademarks
without the express prior written consent of the Company. You shall not attempt
to gain unauthorized access to any portion or feature of the Marketplace,
or any other systems or networks connected to the Marketplace or to any server,
computer, network, or to any of the services offered on or through the
Marketplace, by hacking, ‘password mining’ or any other illegitimate means.
You
hereby agree and undertake not to host, display, upload, modify, publish,
transmit, update or share any information
- belongs
to another person and to which you do not have any right;
- is
grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libelous, 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;
- harms
minors in any way;
- infringes
any patent, trademark, copyright or another proprietary/intellectual
property rights;
- violates
any law for the time being in force;
- deceives
or misleads the addressee about the origin of such messages communicates
any information which is grossly offensive or menacing in nature;
- impersonates
another person;
- contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer resource;
- 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 offense or prevents
investigation of any offense or is insulting any other nation;
- is
misleading or known to be false in any way.
Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.
Account & Registration Obligations
All users
must register and log in for placing orders on the Marketplace. You must keep
your account and registration details current and correct for all
communications related to your purchases from the Marketplace. By agreeing to
the Terms of Use, the user agrees to receive promotional or transactional
communication and newsletters from the Company and its partners. The user can
opt out from such communication and/or newsletters either by or by contacting
the customer services team of Marketplace and placing a request for the same.
As part of the registration process on the Marketplace, the Company may collect the following personally identifiable information about you, including but not limited to Name , email address, age, address mobile phone number and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Marketplace you visit/access, the links you click on the Marketplace, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company (https://bachatkart.in/privacy), which is incorporated in these Terms of Use by reference.