TERMS OF SERVICE
- You must be 18 years or older to use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for keeping your password secure. Bookmykart cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the Bookmykart service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of India.
- You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Bookmykart account.
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Account Terms as determined in the sole discretion of Bookmykart will result in an immediate termination of your services.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- Bookmykart does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- Bookmykart does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- We may, but have no obligation to, remove Content and Accounts containing 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 of Service.
- Bookmykart does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- You expressly understand and agree that Bookmykart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Bookmykart or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bookmykart partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Technical support is only provided to paying account holders and is only available via email.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Bookmykart.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Bookmykart customer, Bookmykart employee, member, or officer will result in immediate account termination.
- We do not claim any intellectual property rights over the material you provide to the Bookmykart service.
- By uploading images and item description content to Bookmykart, you agree to allow other internet users to view them and you agree to allow Bookmykart to display and store them and you agree that Bookmykart can, at any time, review all the content submitted by you to its Service.
- The failure of Bookmykart to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Bookmykart and govern your use of the Service, superseding any prior agreements between you and Bookmykart (including, but not limited to, any prior versions of the Terms of Service).
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Bookmykart or Bookmykart trademarks and/or variations and misspellings thereof.
- Bookmykart does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org
Payment of Fees
- There are different payment term options available, and depending on the payment term decided with Bookmykart the merchant has to pay on the pre-decided monthly, quarterly, half-yearly, yearly terms or upfront payment plan(excluding server cost).
- The merchant has to pay with-in the due date, or he/she risks the chance of closure/termination of the online store.
- All fees are exclusive of all state and central taxes, service, sales tax or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- Bookmykart does not provide refunds.
- Bookmykart does not provide any type of compensation.
Cancellation and Termination
- Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- We reserve the right to modify or terminate the Bookmykart service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Bookmykart may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Modifications to the Service and Prices
- Prices for using Bookmykart are subject to change upon 14 days notice from Bookmykart. Such notice may be provided at any time by posting the changes to the Bookmykart Site (bookmykart.com) or via an announcement.
- Bookmykart reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- Bookmykart shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- License Grant. During the Term, solely within the Territory and subject to the terms and conditions of this Agreement, Bookmykart grants You a limited, non-exclusive, license to (a) install and use the Software and (b) make a single back-up copy of the registered Software for archival purposes. The foregoing license is revocable, non-transferable, non-assignable and non-sub-licensable.
- License Transfers. The Software is licensed only to You. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Software, on a temporary or permanent basis, without the prior written consent of Bookmykart. (For the avoidance of doubt, this license is only granted to one person or company and if more than one person or company wishes to use the Software, each user must purchase a separate license).
- Bookmykart Hosting Service. In case you are using Bookmykart servers to launch your application and software, you will not be provided with the cPanel control to access the code or database of the Software. You will only be granted access to the admin panel to manage the Software.
Restrictions of Use.
- Installation of Software Package. The Software is licensed as a single product and none of the components in the Software may be separated for installation or use.
- Single Domain. This Software is licensed to operate on only one domain.
- Back-Up Copy. All backup copies must be an exact copy of the original Software. If You make a back-up copy of the Software, such copy must be in machine-readable form and You must reproduce on such copy all Intellectual Property Right notices and any other proprietary legends on the original copy of the Software.
- No Derivative Works; Reverse Engineering. You may not alter, merge, modify, prepare derivative works based upon, adapt or translate the Software in any manner whatsoever. Additionally, You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to any human-readable form, or use the Software to develop any application having the same primary functions as the Software.
Monitoring of Software.
- Audit by Bookmykart. You agree that Bookmykart may audit Your use of the Software for compliance with this Agreement at any time, upon reasonable notice. You agree to cooperate with Bookmykart and any auditors selected by Bookmykart to complete the audit including by providing access to any facilities in which the Software is used or stored, including without limitation the facilities which house the hardware upon which the Software is installed. In the event that such audit reveals any use of the Software by You other than in compliance with the terms of this Agreement, You shall reimburse Bookmykart for all reasonable expenses related to such audit in addition to any other liabilities You may incur as a result of such noncompliance.
Intellectual Property Rights.
- Ownership. Bookmykart owns all right, title and interest, including all Intellectual Property Rights, in and to, (a) the Software; (b) the Trademarks; (c) Bookmykart Anonymous Usage Data; and (d) any and all Submissions (collectively, “Bookmykart IP Rights”).
- Trademarks; Domain Names. This Agreement does not authorize You to use the Trademarks. If You wish to use the Trademarks, You must obtain a written license to use the Trademarks from Bookmykart. Additionally, You will not (a) assert any Intellectual Property Right in the Trademarks or in any element, derivation, adaptation, variation or name thereof; (b) contest the validity of any of the Trademarks; (c) contest Bookmykart’s ownership of any of the Trademarks; or (d) in any jurisdiction, adopt, use, register, or apply for registration of, whether as a corporate name, trademark, service mark or other indication of origin, or as a domain name or sub-domain name, any trademarks, or any word, symbol or device, or any combination confusingly similar to, or which incorporates in whole or in part, any of the Trademarks.
- No Implied License or Ownership. Nothing in this Agreement or the performance thereof, or that might otherwise be implied by law, will operate to grant You any right, title or interest, implied or otherwise, in or to the Bookmykart IP Rights.
- No Contest. You acknowledge and agree that the Bookmykart IP Rights are and shall remain the sole and exclusive property of Bookmykart. You agree that You shall never oppose, seek to cancel, or otherwise contest Bookmykart’s ownership of the Bookmykart IP Rights or act in any manner that would or might conflict with or compromise Bookmykart’s ownership of the Bookmykart IP Rights, or similarly affect the value of the Bookmykart IP Rights. Whenever requested by Bookmykart, You shall execute such documents as Bookmykart may deem necessary or appropriate to confirm, maintain or perfect Bookmykart’s ownership of the Bookmykart IP Rights. In the event Bookmykart is unable, after using its reasonable endeavours (which shall not require Bookmykart to incur any costs), to secure Your signature on any document or documents needed to apply for or to confirm, maintain or perfect Bookmykart’s ownership of the Bookmykart IP Rights for any other reason whatsoever, You hereby irrevocably designate and appoint Bookmykart as Your duly authorized attorney-in-fact, to act for and on Your behalf and stead to execute and sign any document or documents and to do all other lawfully permitted acts to confirm, maintain or perfect Bookmykart’s ownership of the Bookmykart IP Rights with the same legal force and effect as if executed by You. In the event You become aware that any third party is, or may be, infringing the Bookmykart IP Rights, You agree to notify Bookmykart of such fact.
- Proprietary Notices. Third party trademarks, trade names, product names and logos included in the Software may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
- Submissions. With respect to any feedback, suggestions or ideas (“Submissions”) that You submit to Bookmykart concerning the Software, or any of Bookmykart’s products or services, You agree that: (a) Your Submissions will automatically become the property of Bookmykart, without any compensation to You; (b) Bookmykart may use or redistribute the Submissions for any purpose and in any way; (c) Bookmykart is not obligated to review any Submissions; and (d) Bookmykart is not obligated to keep any Submissions confidential.
Banned restricted products and services: You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, BFRS does not permit hosting of following items:
- “Securities” within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description. While this does not prevent a share broking firm to host its website with BFRS, the trading of the shares through an e-store made available by BFRS is prohibited.
- Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972). Weapons of any description.
- Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.
- Religious items, including books, artefacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person.
- “Antiquities” and “Art Treasures” in violation of the provisions of the Antiquities and Art Treasures Act, 1972(“the Act”).
- Used cellular phone SIM Cards.
No failure or delay by Bookmykart in exercising any of its rights under these Terms of Service shall be deemed to be a waiver of that right.
No person who is not a party to these Terms of Service has any right to rely upon or enforce any of the Terms of Service.
Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Notices & Contact Information
If you have questions or concerns about any of the terms in this agreement, or about how your information is handled, please direct your inquiry to Bookmykart as set forth below.
Attn: General Counsel
SF 705, 7th Floor, JMD Megapolis,
Sector 48, Sohna Road, Gurugram 122018
Applicable law and jurisdiction
Please note that these Terms of Service, its subject matter and its formation, are governed by Indian law. You and Bookmykart both agree to that the courts of Gurugram(India) will have exclusive jurisdiction.