• Personal Information:
‘JKcart’ is owned and operated by ‘JK Retail Private Limited’ (COMPANY), a company registered under the Companies Act, 2013 with its registered office at 48/13, Jessore Road, Tulshidham Complex, Kolkata- 700055.
The terms ‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person visiting, accessing, browsing through, and/or using the Website at any point in time.
The Agreement may be updated from time to time by the Company without any notice.It is therefore strongly recommended that you review the Agreement, as available on the Website, each time you access and/or use the Website.
These ‘ToS’ supersede all previous oral and written terms and conditions, if any, communicated to you and shall act as a binding agreement between Company and the Users.
IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT USE OR ACCESS THE WEBSITE FOR ANY PURPOSE WHATSOEVER.
Services on the Website are available only to select geographies in India.
Transactions through the Website may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charges at the stage of check-out for a transaction through the Website.
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 Website, if:
a. It is discovered or brought to notice that you do not conform to the eligibility criteria; or
b. The Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria are not met/are violated by a user; or
c. May breach the terms of this User Agreement;
3. ACCOUNT AND REGISTRATION:
• All users must register and log in for placing orders on the Website.
On the creation of your account, you can modify your login credentials at any time. If for any reason, you suspect that your username and password have been disclosed to or obtained by another party, you should contact us immediately.
Please note that we never contact users requesting them to confirm their username, password, or any other details, except when the User is signing into the Website.
Please note that we never contact users requesting them to confirm their username, password, or any other details, except when the User is signing into the Website.
4. LICENSE & ACCESS:
The Company grants you a limited sub-license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with the express prior written consent of the Company. Such limited sublicense does not include/permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website 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 Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the 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 Website or 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 Website, or any other systems or networks connected to the Website or any server, computer, network, or to any of the services offered on or through the Website, by hacking, ‘password mining’ or any other illegitimate means.
The Company aims to ensure that the prices of all products offered for sale are true and correct.
However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, and/or typographical errors. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability
6. CANCELLATION POLICY:
A user may cancel an order placed by them only if the order has not been processed by us. For any permitted cancellations, we will initiate a refund to your original method of payment immediately.
The user should receive the credit within a month, depending on your card issuer’s policies.
• Orders may be cancelled by the Company in any of the following cases:
(a) If it is suspected that a customer has undertaken a fraudulent transaction; or
(c) In case of unavailability of product(s); or
(d) For any reason outside the control of the Company including causes for delivery related logistical difficulties.
• If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders.
• We maintain a list of all fraudulent transactions and non-complying users and reserve the right to deny access to such users at any time or cancel any orders placed by them in the future.
7. AGREE AND CONFIRM:
• In the event of any product delivery is delivered or is returned from its destination on account of a mistake by you (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Company for re-delivery of the product(s) shall be borne by the user.
• That before placing an order, you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
• We will not be held responsible for any delay or failure to make delivery of your order if the delay or failure arises from any cause which is beyond our reasonable control.
• You agree to use the services provided by the Company for lawful purposes only and comply with all applicable laws and regulations while using/accessing and transacting on the Website.
• You will provide authentic and true information in all instances where any information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point in time.
• If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to reject the registration, cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.
• You are accessing the services made available by the Company and transacting at your sole risk and are using your best and prudent judgment before entering any transaction through the Website.
• You authorize the company to contact you for any transactional purposes related to your order/account.
• Before placing an order, you must acknowledge having checked and reviewed the product description carefully and in sufficient detail. By placing an order on the Website, you agree to be bound by the conditions of sale included in the item’s description without exception.
The service (including, without limitation, any content) is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The company (its directors, employees, agents, sponsors, and/or partners) do not warrant that:
(a) The service will be secure or available at any particular time or location;
(b) Any defects or errors will be corrected;
(c) Any content or software available at or through the service is free of viruses or other harmful components; or
(d) The results of using the service will meet your requirements. Your use of the service is solely at your own risk.
The Company is not responsible for damages or delays on account of products that are out of stock, or unavailable.
9. UPDATING TERMS:
• Your use of the Websites is subject to these ‘ToS’, which may be updated, amended, modified, or revised by us from time to time without notice to you. It is important for you to refer to these ‘ToS’ from time to time to make sure that you are aware of any additions, revisions, amendments, or modifications that we may have made to these ‘ToS’.
• However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
10. INTELLECTUAL PROPERTY:
• The Company expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content, and other materials (collectively, the "CONTENTS") that appear on the Website. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license, sub-license to the Company’s intellectual property rights.
• All rights, including copyright, in and to the Website are owned by or licensed to the Company. Any use of the Website or its contents, including copying or storing it or them wholly or in part is prohibited without the express prior written consent of the Company.
• The names and logos and all related product and service names, design marks, and slogans are the trademarks/service marks of the Company. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to or use of the Website does not authorize anyone to use any name, logo, or mark in any manner.
• All ‘Contents’ which are part of the Website are intended solely for personal, non-commercial use. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software.
• All software used on this Website is the property of the company and protected by Indian and International copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited.
• Unless otherwise noted, all Contents are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by JK Retail Pvt. Ltd. and are protected by Indian and international copyright laws.
11. OBJECTIONABLE MATERIAL:
• You understand that by using the Website or any services provided on the Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.
• You agree to defend, indemnify and hold harmless the Company (its employees, directors, officers, agents, and their successors, and/or assigns) from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon a breach of any warranty, representation or undertaking in this User Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights). This clause shall survive till the expiry or termination of this User Agreement.
• We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
13. LIMITED LIABILITY:
• To the fullest extent permitted by law, in no event shall the company (nor its directors, employees, agents, sponsors, partners, content providers)be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service:
a) for any lost profits, data loss, loss of goodwill or opportunity, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; or
b) for your reliance on the service; or
c) For any matter beyond its or their reasonable control, even if the company has been advised of the possibility of any of the aforementioned damages.
• The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
• This User Agreement is effective unless and until terminated, either by you or by the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website.
• Any sucSh termination of the User Agreement shall not affect any liability that may have arisen under the User Agreement prior to the date of termination.
• The Company reserves the right to suspend or terminate your access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
a. You are in breach of any terms and conditions captured under any clause of this ‘ToS’;
b. The Company is unable to verify or authenticate any information provided to the Company by you;
c. The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part;
• Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the website under the same account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data and other material kept on the Website by such User.
This User Agreement shall be construed in accordance with the applicable laws of India.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in Kolkata, West Bengal. Subject to the aforesaid, the Courts at Calcutta shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.
REVIEWS, FEEDBACK, SUBMISSION
• All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered on the Website or otherwise disclosed, submitted, or offered in connection with use of the Website (collectively, ‘THE COMMENTS’) shall be and remain the property of the Company.
• Such disclosure, submission, or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles, and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
• The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to:
(i) Maintain any Comments in confidence; or
(ii) Pay compensation for any Comments; or
(iii) Respond to any Comments.
• You further agree that no Comments submitted by you on the website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails, or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Website.
• You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit, you are and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss, and liabilities resulting from any Comments you submit.
• The ‘ToS’ are the entire agreement between the User and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between the User and the Company with respect to the Service. If any provision of the ‘ToS’ is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable.
• The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToS is personal to the User and is not assignable or transferable by the User except with Company’s prior written consent. Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
If you have any questions regarding the Service, please contact the Company at [email protected] or reach out to our customer care number.