TERMS OF SERVICE
This document is an electronic record in terms of the Information
Technology Act, 2000 and rules thereunder as applicable and the amended
provisions pertaining to electronic records in various statutes as amended by
the Information Technology Act, 2000. Being generated by a computer system it
does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule
3(1) of the Information Technology (Intermediaries guidelines) Rule, 2011.
The domain name http://www. karupattikadai.com (hereinafter referred
to as “the Website” & ” Company”), a company
incorporated under the Companies Act 1956, with the registered office at 64/8
Thandavankadu Road, Udangudi Tamilnadu-628203,India.
II Definition
“We”, “Us”, “Our” shall mean karupattikadai.com
(“Company”), a company incorporated under the Companies Act (?) with the
registered office at 64/8 Thandavankadu Road, Udangudi Tamilnadu-628203,India.
“Terms”, “Terms and conditions”, “Policy”, “T&C”
shall mean the entire Agreement and all parallel policies that you agree to in
mutual agreement by using our Website.
“You”, “Your”, “User” refers to the user of the
Website. “User” is anyone who is visiting, accessing, browsing or
placing an order through the Website and also includes Vendors who sell their
products and services through the Website.
“Content” refers to any text, image, graphic, video, audio, or
all forms of data which are made available on the Website.
(a) “Seller/Vendor” shall be any person or entity who is registered with
the Company and shall list its Product(s) on the Website with the intention to
sell the Product(s) through the website.
(b) “Buyer/Customer” shall be any person, natural or legal, who shall
place the order on the website for the products listed on the Website after
providing the necessary documents asked for on the Website.
Eligibility and Access
Users above the age of 18 and competent to contract as per the laws of
the Union of India shall be entitled to use the Website and avail of the offers
and services provided therein. To register, You must provide Your true and
correct information as requested while registering. If you are a minor and wish
to use the website, You may do so through Your legal guardian and the Company
reserves the right to terminate Your account on knowledge of You being a minor
and using the membership of the site.
The Company may further, in its discretion terminate or end the relationship
with any User with or without furnishing reasons for the same.
Further, You are solely responsible for protecting the confidentiality
of Your username and password and any activity under the account will be deemed
to have been done by You. In the event You provide us with false and inaccurate
details or the Company has reasonable reasons to believe You have done so, We
hold the rights to permanently suspend your account.
Privacy Policy
The Privacy Policy is separately available on the Website, and can be
perused by You at Your convenience.
Communications
By using this website, it is deemed that You have consented to receiving
calls, autodial and/or pre-record message, calls and e-mails from Us on the
mobile/telephone number/e-mail ID provided by You while accessing the Website.
This includes contacting you through information received from and through
other parties. The use of this website is also your consent to receive
SMS from Us at any time we deem fit. This consent to be contacted is for
purposes that include but not limited to providing timely information of the
order confirmation, dispatch and delivery details.
You may also be contacted by Service Providers with whom We have entered
into a contract in furtherance of Our rights, duties and obligations under this
document and all other policies followed by Us.
The sharing of the information provided by you will governed by the
Privacy Policy and We will not give out such contact information of yours to
third parties not connected with the Website.
Website as an Intermediary Platform
The Website is a platform that Users utilize to meet and interact with
one another for their transactions. We are not a party to such interaction and
take no liability that arises from any such communication.
1. All communication which, inter alia, include the contract, its terms,
Your obligations, the Sellers obligations, prices, etc are outcomes of the
communication between the seller and You. This includes, without any
limitation, the prices, shipping costs, payment details, date, period and mode
of delivery, as well as warranties related to products. We do not have any
control over such information and play no determinative role in the
finalization of the same and hence do not stand liable for the outcomes of such
communication.
2. We do not endorse any of the food items offered for sale through the
website nor place any guarantee as to its nature, price, quality, etc.
3. Subject to the above sub-clauses, a contract exists between You and
any other User of the Website and as such any breach of contract and any claim
arising from such breach is the subject matter of the respective Users or
parties alone. We shall in no way be party to such breach and we shall not
liable to be involved in any suit arising from the said breach.
4. While entering into contracts or any other transaction, or
communication, with another user, you are expected to check the
creditworthiness of the respective user and the genuineness of the products
offered by them. We are not liable for the same.
5. At no point of time between communication and delivery of goods
between You and any other user do we come into possession of the goods or its
title.
6. Any contract entered into by you with any other user, is limited to
You and the respective user and not Us, we are in no way liable for any
deficiency of service that may arise which includes and is not limited to
cancellation of order due to low stocks, defected goods, and defective nature
of goods.
7. As we hold no possession, nor title of the products at any time, or
enter/determine the communication between you and any other user or party or
determine its outcome, the contract is purely a bipartite contract between You
and the respective user and We are not responsible for claims arising from such
a contract.
8. You release and indemnify Us and/or any of our officers and
representatives from any cost, damage, liability or other consequence of any of
the actions of the Users of the Website and specifically waive any claims that
you may have in this behalf under any applicable law. Please note that there
could be risks in dealing with underage persons or people, or business entities
acting under false pretence. We neither guarantee nor take any liability for
any action whatsoever by Users on this Website.
Marketing Information provided by us
Any sales and marketing information provided by Us, including but not
limited to, sales and marketing literature, catalogues, price lists, documents,
etc., shall not constitute a contractual Offer capable of Acceptance and would
merely exist to be an Invitation to Offer.
Placing an order with us
Your act of placing an order (hereinafter your “Order”) for any goods
provided by or through the Website shall be deemed to constitute a contractual
Offer that may be accepted or rejected, by the Website, at its discretion. You
may, if you wish to do so, cancel your Order for the goods or services within 2
hours of placing such Order or before the goods or services are dispatched for
delivery, whichever is earlier.
User Obligation
1. You are bound not to Cut, copy, distribute, modify, recreate, reverse
engineer, distribute, disseminate, post, publish or create derivative works
from, transfer, or sell any information or software obtained from the Website.
With our prior permission limited use may be allowed. For the removal of doubt,
it is clarified that unlimited or wholesale reproduction, copying of the
content for commercial or non-commercial purposes and unwarranted modification
of data and information within the content of the Website is
prohibited.
2. You agree not to access (or attempt to access) the Website
and/or the materials or Services by any means other than through the interface
that is provided by the website. The use of deep-link, 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 Website or content therein, or in any way reproduce or circumvent the
navigational structure or presentation of the Website, materials or any content
therein, to obtain or attempt to obtain any materials, documents or information
through any means not specifically made available through the Website is
specifically banned. You acknowledge and agree that by accessing or using the
Website or Services, You may be exposed to content from other users that You
may consider offensive, indecent or otherwise objectionable. We disclaim all
liabilities arising in relation to such allegedly offensive content on the
Website.
3. In places where this Website allows you to post or upload
catalog/information, You undertake to ensure that such material is not offensive
and in accordance with applicable laws. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean
or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the
Website or the Services (or the servers and networks which are connected to the
Website);
c) Impersonate any person or entity, or falsely state or otherwise
misrepresent Your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, paedophilia,
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;
e) Post any file that infringes the copyright, patent or trademark of
other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or
any other similar software or programs that may damage the operation of the
Website or another's computer;
g) Probe, scan or test the vulnerability of the Website or any network
connected to the Website, or breach the security or authentication measures on
the Website or any network connected to the Website. You may not reverse
look-up, trace or seek to trace any information on any other user, of or
visitor to, the Website, or any other customer of the website, including any
website Account not owned by You, to its source; or exploit the Website or
Service or information made available or offered by or through the Website, in
any manner, whether or not the purpose is to reveal any information, including
but not limited to personal identification information, other than Your own
information, as provided for by the Website;
h) Disrupt or interfere with the security of, or otherwise cause harm
to, the Website, systems resources, accounts, passwords, servers or networks
connected to or accessible through the Websites or any affiliated or linked
sites;
i) Collect or store data about other users in connection with the
prohibited conduct and activities set forth in this Section.
j) Use the Website or any material or Content for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the performance of
any illegal activity or other activity which infringes the rights of this
website or other third parties;
k) Violate any code of conduct or other guidelines, which may be
applicable for or to any particular Service;
l) Violate any applicable laws or regulations for the time being in
force within or outside India;
m) Violate the Terms of Use including but not limited to any applicable
Additional Terms of the Website contained herein or elsewhere;
n) Create liability for Us or cause Us to lose (in whole or in part) the
services of Our internet service provider ("ISP") or other suppliers;
You shall not engage in advertising to, or solicitation of, other Users
of the Website to buy or sell any products or services, including, but not
limited to, products or services related to that being displayed on the Website
or related to Us. You may not transmit any chain letters or unsolicited
commercial or junk email to other Users via the Website. It shall be a
violation of these Terms of Use to use any information obtained from the
Website in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to another person without Our prior
explicit consent. We can (and You hereby expressly authorize Us to) disclose
any information about You to law enforcement or other government officials, as
We, in Our sole discretion, believe necessary or appropriate in connection with
the investigation and/or resolution of possible crimes, especially those that
may involve personal injury.
We have no obligation, to monitor the materials posted on the Website.
We shall have the right to remove or edit any content that in its sole
discretion violates, or is alleged to violate, any applicable law or either the
spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN
SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In
no event shall We assume or have any responsibility or liability for any
Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on the Website. You hereby represent and
warrant that You have all necessary rights in and to all Content which You
provide and all information it contains and that such Content shall not
infringe any proprietary or other rights of third parties or contain any
libelous, tortuous, or otherwise unlawful information.
Disclaimers
udangudikarupatti.com assumes that the products listed in the site are
authentic and accurate and the seller has the authority to sell it but udangudikarupatti.com
does not verify these products.
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music and artwork (collectively, “Content”), related
to Products available through the website is a third party user generated
content and We have no control over such third party user generated content as
We are merely an intermediary for the purposes of this Terms of Use.
Other than when provided for, the use of such content and it being
reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”) to
any other computer, server, Website or other medium for publication or
distribution or for any commercial enterprise, without Our express prior
written consent is not allowed.
Payment
Payment Facility for Buyers:
You understand that the contract is a bipartite contract between you and
the seller using the Payment Facility, and You shall pay the Transaction Price
through Your Issuing Bank to the Seller using Payment Facility.
As a Buyer, You shall be entitled to claim a refund of the Transaction
Price (as Your sole and exclusive remedy) in case You do not receive the
Delivery within the time period agreed in the Transaction or within the time
period as provided in the Policies, whichever is earlier. Such refund is time
barred and in case you do not raise a refund claim using Website features
within the stipulated time, You would be ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be
available in full or in part for certain category of products and/or services
and/or Transactions as mentioned in the Policies and hence You may not be
entitled to a refund in respect of the Transactions for those products and /or
services.
Data provided by us / Service Rendered
1. From time to time, Our team may post comments or articles. These
articles are the Intellectual Property of the Company and you are prohibited
from posting, re producing, publishing, changing, editing such articles. In the
event you have a problem with any article so posted, you may report the same
via mail and we may look into it. We are under no obligation to remove such
articles and the final decision lies with us.
2. We are not in any way liable to You, for any loss arising to you from
activities that include but are not limited to our negligence, breach of
contract, Intellectual Property infringement, breach of laws, etc.
3. From time to time, our Website will have external links connected to
other websites of Developers. We in no way endorse these websites. We are in no
way liable for the information found on those websites. External websites may
have their own policies and we in no way are responsible for any loss or damage
cause by the same to you. You are advised to use your own discretion in the
navigation and use of external sites.
DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE
IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE
UNINTERRUPTED, OR IN A TIMELY MANNER;
(II) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS
WILL BE CORRECTED;
(III) MATERIALS, INFORMATION PROVIDED WILL BE EFFECTIVE, ACCURATE OR
RELIABLE;
(IV) THE FOOD OFFERED THROUGH THE WEBSITE SHALL FIT THE IMAGES PROVIDED
ON THE WEBSITE OR SHALL MATCH THE DESCRIPTION ON THE WEBSITE OR BE FIT FOR
CONSUMPTION;
(V) OUR VENDORS OR SELLERS ON THE WEBSITE ARE IN COMPLIANCE WITH THE
FOOD SAFETY AND STANDARDS ACT, 2006, AND THE RULES AND REGULATIONS MADE
THEREUNDER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO
LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS,
LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. FURTHER, THE COMPANY
DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR
UNAVAILABILITY OF ANY USER CONTENT.
Indemnification and Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING
BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES
(INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST
CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF,
RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF
ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE
PERFORMED BY YOU / US PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO
HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING
OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR
MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR
YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY
RIGHTS.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR
SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING
THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER
TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR
USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
Miscellaneous Terms
The Website is not an agent, employee or partner of the User.
Modification of the Terms of Service: These terms of
service may be modified from time to time to deliver better services or to
intimate users of the modified terms. It shall be the obligation of the User to
acquaint himself or herself with the modified Terms of Service.
Waiver: A decision not to act against any User for any improper conduct
does not prevent the Website from acting in any future case against the same or
other Users.
Dispute Resolution: All disputes will attempt to be
resolved amicably by mediation or negotiation, following which they shall be
referred to binding arbitration. The Arbitration Board is to comprise three
members. One is to be appointed by Us, one by you, the User and the third
member is to be nominated by the two appointed members by mutual consent
between them. The award as the outcome of the arbitration is final and binding
on the parties and there shall be no further remedy available to both parties.
The arbitration proceedings will take place in the Tamil Language and will be
situated in Tamilnadu. If the dispute cannot be resolved by arbitration, it
shall be referred to the courts in Tamilnadu.
Any grievances, issues, queries, complaints or information that you wish
to communicate to us can be addressed to the details provided at the CONTACT
US, provided on our Website.