I. GENERAL TERMS
1. EFFECTIVE DATE
2. APPLICATION AND ACCEPTANCE OF THE TERMS
3. PROVISION OF SERVICES
i. You must register on the Platform in order to access and use the Services. Further, Karwt reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Karwt may impose in its discretion.
ii. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. Karwt disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).
iii. User agrees and confirms that any Services provided to you by Karwt are on best efforts basis and Karwt may engage services of third party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.
iv. User acknowledges that the Services are being provided to you on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.
v. Karwt may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with Karwt.
5. USER ACCOUNTS AND VERIFICATION OF ACCOUNT
i. User must be registered on the Platform to access or avail the Services for its personal or commercial purposes. You agree and acknowledge. Except with Karwt’s approval, one User may only register one account on the Platform. Karwt may cancel or terminate a User’s account if Karwt has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, Karwt may reject User’s application, without assigning any reasons thereof, for registration for any other reason.
ii. A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on your user account on the Platform or by using the unique OTP will be deemed to have been authorised by you and with your express consent. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
iii. When you access the Platform you are electronically communicating with Karwt. Karwt may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Karwt with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from Karwt.
6. USERS GENERALLY
i. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Karwt, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
ii. Kawrt may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that Karwt has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
iii. You agree not to undertake any action which may undermine the integrity of Karwt’s feedback system.
iv. You agree that the Services shall be availed by you for personal or commercial purposes that is for sale or purchase of products for further distribution or sale or use.
v. By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to Karwt or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to Karwt to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to Karwt that you have all the rights, power and authority necessary to grant the above license.
vi. User agrees, undertakes, and confirms that User’s use of Platform shall be strictly governed by the following binding principles:
a. User shall not host, display, upload, modify, publish, transmit, update or share any information which:
1. belongs to another person and to which User does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
3. is misleading in any way;
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
5. harasses or advocates harassment of another person;
6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or messages using Karwt’s communication Platform;
7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
8. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
9. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
13. contains video, photographs, or images of another person (with a minor or an adult);
14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
16. solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;
17. interferes with another user’s use and enjoyment of the Platform or enjoyment of any similar Services;
18. refers to any website or URL that, in sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
19. harm minors in any way;
20. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
21. violates any law for the time being in force;
22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
23. impersonate another person;
24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
25. 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.
26. shall not be false, inaccurate or misleading;
27. 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.
28. shall not create liability for Karwt or cause Karwt to lose (in whole or in part) the Services of our internet service provider ("ISPs") or other suppliers.
b. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content on the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content on the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Karwt reserves its right to bar any such activity.
c. User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
d. Unless expressly permitted, User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other User, including any account on the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform.
e. Each User agrees to indemnify Karwt, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your submission, posting or display of any User Content; (ii) from your use of the Platform or Services; (iii) from your breach of the Terms or breach of any applicable laws, including tax laws; (iv) any service availed by you from a third party service provider using any dispute inter-se Users; and/or (vi) your negligence or wilful misconduct.
7. BREACHES AND SUSPENSION
i. If any User breaches any Terms, or if KARWT has reasonable grounds to believe that a User is in breach of any Terms, or could subject KARWT or its affiliates to liability, or is otherwise found inappropriate or unlawful in KARWT’s opinion, KARWT shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
a. suspending or terminating the User’s account and any and all accounts determined to be related to such account by KARWT in its discretion;
b. blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
c. removing any product listings or other User Content that the User has submitted, posted or displayed;
d. withhold settlement of payments by KARWT to the User;
e. any other corrective actions, discipline or penalties as KARWT may deem necessary or appropriate in its sole discretion.
ii. Notwithstanding anything contained herein these Terms, KARWT may with or without notice and in its sole discretion be entitled to suspend, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform etc.
iii. In the event a User becomes inactive or if no transaction is noticed by KARWT, in such a case KARWT reserves its right to delist, deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User.
iv. KARWT reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, KARWT may disclose the User's identity and contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.
8. TRANSACTIONS BETWEEN BUYER AND SELLER
i. When a product is listed for sale on the Platform by a Seller, products sold to Buyer by the Seller will be governed by the bipartite contractual arrangement entered into directly between the Buyer and the Seller. Buyer agrees that KARWT cannot and does not confirm each Seller’s purported identity. KARWT encourages Buyers to exercise discretion and caution while dealing with various Sellers.
ii. User further acknowledges and undertakes that it shall use the Platform or Services only for its lawful business purposes.
iii. For any Services, KARWT does not represent either the Seller or the Buyer in specific transactions. KARWT does not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the Seller to complete a sale or the ability of Buyers to complete a purchase. KARWT does not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the Platform vest with KARWT nor shall KARWT have any obligations or liabilities in respect of any transactions on the Platform.
iv. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. User acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.
v. KARWT shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. KARWT shall not mediate or resolve any dispute or disagreement between Buyer and the Seller of the products or any third party that is rendering services to you.
vi. In the event that any User has a dispute with any party to a transaction such User agrees to release and indemnify KARWT (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by the User by accessing any link from KARWT site to avail of any independent services related to the transaction of buy-sell conducted on the Platform from any third party.
vii. We do not make any representations pertaining to the information, content, products included on or delivery of the products or otherwise made available to User and User acknowledges that we are only acting as an intermediary between the Buyer and the Seller. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the products purchased by the Buyer from the Seller and it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Buyer from the Seller and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller and we will not be made a party to any such issue and/or dispute between the Seller and the Buyer.
viii. The User(s) shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any applicable laws.
9. LIMITATION OF LIABILITY AND INDEMNITY
i. To the maximum extent permitted by law, the Services provided by Karwt on or through the Platform are provided "as is", "as available" and “with all faults” , and Karwt hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
ii. To the maximum extent permitted by law, Karwt makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or accurateness of any information provided on or through the Platform; Karwt does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the platform does not violate any third party rights; and Karwt makes no representations or warranties of any kind concerning any product or service offered or displayed on the platform. Except as provided herein, to the fullest extent permissible by applicable law, the aggregate liability of Karwt for any claims that may arise in connection with these terms shall not exceed an amount of INR 1000/-.
iii. Under no circumstances will Karwt be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your purchase of any products on platform or any services availed, even if Karwt has been advised of the possibility of such damages.
10. FORCE MAJEURE
i. Under no circumstances shall Karwt be held liable for any losses, delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.
11. INTELLECTUAL PROPERTY RIGHTS
i. Karwt is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with Karwt or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by Karwt are hereby reserved.
ii. "Karwt" and any other related icons and logos are registered trademarks or trademarks or service marks of Karwt.com, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
iii. Karwt may, at its sole discretion, permit the User(s) of the Platform, in writing, to use “Karwt” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by Karwt.
i. All legal notices or demands to or upon Karwt shall be made in writing and sent to Karwt personally, by courier, certified mail, or facsimile to the following entity and address: Karwt.com, Saharanpur, Uttar Pradesh - 247453, Attn: Legal Department. The notices shall be effective when they are received by Karwt in any of the above-mentioned manner.
ii. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Karwt, or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as Karwt may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) Karwt is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Karwt posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.
13. MISCELLANEOUS PROVISIONS
i. Unless otherwise communicated to you by Karwt, the Terms (including its sections as may be applicable to the Seller or Buyer) constitute the entire agreement between User and Karwt and govern the User’s use of the Platform and any of the Services. The Terms shall supersede any prior written or oral agreements that you may have had in relation to the use of the Platform and any of the Services.
b. Logistics and Payment Services Terms
c. Return Shipments Policy
d. Undelivered Shipment Policy
e. Warehouse Returns Policy for Sellers
iii. KARWT and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms. The relationship between you and us is one of independent contractors, and nothing contained in these Terms will be construed to (a) give either party the power to direct and control the day-to-day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on our behalf for any purpose whatsoever.
iv. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
v. Karwt’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of Karwt’s right to act with respect to subsequent or similar breaches.
vi. Karwt shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Karwt). User may not assign, in whole or part, the Terms to any third party or person.
vii. The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Saharnpur, Uttar Pradesh, India.
14. GRIEVANCE OFFICER