Website Term’s of Use
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Vector E-commerce Private Limited and its affiliates.
a) myinfocart.com (“Website”) is an Internet based content and e-commerce portal licensed by Vector E-commerce Private Limited, a company incorporated under the laws of India.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. myinfocart.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
2. User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify myinfocart.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MyInfoCart.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Reviews, ratings & comments by users:
Since, myinfocart provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your (“Users”) use any of the aforementioned medium to post Reviews, Ratings and Comments about the myinfocart services and also about the Advertiser’s listed at myinfocart is subject to additional terms and conditions as mentioned herein.
You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by myinfocart and any materials you add to the Site or add to any mediums offered by myinfocart, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the “Communications”). By transmitting any public Communication to the Site, you grant MyInfoCart an irrevocable, non-exclusive, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
You confirm and warrant that you have the right to grant these rights to MyInfoCart . You hereby waive and grant to MyInfoCart all rights including intellectual property rights and also “moral rights” in your Communications, posted at MyInfoCart through any of mediums of MyInfoCart. MyInfoCart is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend’s tagged by you. Also MyInfoCart reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
MyInfoCart has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. MyInfoCart cannot review all Communications made on and through any of the mediums of MyInfoCart. However, MyInfoCart reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which MyInfoCart in its sole discretion deems inappropriate, offensive or contrary to any MyInfoCart policy, or that violate this terms:
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then MyInfoCart reserves right to take appropriate legal action against you. Further, you shall indemnify and protect MyInfoCart against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments MyInfoCart takes no responsibility and assumes no liability for any content posted by you or any third party on MyInfoCart site or on any mediums of MyInfoCart.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of MyInfoCart.
We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
6. DISCLAIMER for “MyInfoCart GUARANTEE” and “MyInfoCart’s Right”
The “MyInfoCart Guarantee” and “MyInfoCart’s Right” is a limited assurance offered by MyInfoCart that the name and contact information of the advertiser and the category in which the advertiser is listed by MyInfoCart, have been verified as existing and correct at the time of the advertiser’s application to register with MyInfoCart. MyInfoCart makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.
7. ADDITIONAL DISCLAIMER:
Users using any of MyInfoCart service across the following mediums ie. through internet ie myinfocart.com Website,SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with MyInfoCart.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and MyInfoCart does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with MyInfoCart .Further, MyInfoCart is not at all responsible for any act of Advertiser/s listed at MyInfoCart.
8. Third-Party Sites, Products and Services; Links.
The Website may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). MyInfoCart does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
9. LIMITATION OF LIABILITY:
IN NO EVENT SHALL JUST DIAL BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF JUST DIAL ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. JUST DIAL DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Flipkart Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
11. Independent Investigation
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Any dispute relating in any way to the Program or this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds INR1,00,000 will be adjudicated in any state . You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, 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 these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.