Terms & Conditions | YuthakaCart

Last Updated on 1^st September , 2020

TERMS AND CONDITIONS OF USE

INTRODUCTION

These terms and conditions of use (the “Terms of Use”) are a contract between you (“you”, or “You””), a user of the Yuthakacart Platform. (“Yuthakacart” “We, “we” or “Us”, us”). The terms of use govern the use of Yuthakacart website www.yuthakacart.com (the “Website”) and any related Yuthakacart mobile or software devices (the “App”). The Website and the App are jointly referred to as the (“Platform”).

The Platform is operated and owned by YUTHAKA BUSINESS SOLUTIONS PRIVATE LIMITED (TRADING AS “YUTHAKACART”) a private limited company incorporated under the Companies Act, 2013 and having its corporate office #53, 3^rd main, 5th cross, Banashankari 3rd stage, Bangalore-560085, India. The Platform enables manufacturers/retailers to list products for sale through the Yuthakacart Platform, enabling manufacturers and retailers to offer products for sale to their customers and providing transaction support services such as order processing capabilities, invoicing payment facilitation services and other services and content.

We may update these Terms of Use from time to time to reflect new practices or technologies that impact use of the Platform. We recommend that you review these Terms of Use on a routine basis to view any changes. The date of the last revision or update appears at the top under the title. BY ACCESSING, USING, INSTALLING OR DOWNLOADING THE PLATORM, YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND PRIVACY POLICY THEN DO NOT USE THE PLATFORM. https://yuthakacart.com/privacy-policy/

DEFINITIONS

2.1 “Applicable Law” shall mean all applicable Indian laws, by-laws, rules, regulations, orders ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental authority of India;

2.2 “Content” shall include (but is not limited to) any data, content, images, videos, location data or other materials or information of any type that is available through the Platform;

“Intellectual Property Rights” shall mean registered and unregistered rights in all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process, computer program, source code, process or presentation;

“Yuthakacart Data” shall mean any and all information relating to the User provided to the Platform by the User at his sole discretion in order to use the Platform;

“User Content” shall mean content that you upload, share or transmit to, through or in connection with the Platform, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile; and

“User” shall mean any manufacturer, retailer, customer or person who uses the Platform.

ELIGIBILITY TO USE THE PLATFORM

You must be legally competent for entering into a binding contract under Applicable Law. If you are not legally competent for entering into a contract under Applicable Law, you cannot use the Platform and you must uninstall the Platform and cease its use immediately.

You represent and warrant that You are in compliance with all Applicable Laws when you access and use the Platform. You agree to use the platform only in compliance with these Terms of Use and Applicable Laws, and in a manner that does not violate legal rights of Yuthakacart or those of any third party(ies).

MODIFICATION

We may amend or update or change these Terms of Use time to time entirely at our own discretion to reflect new practices or technologies that impact use of the Platform. We recommend that you review these Terms of Use on a routine basis to view any changes. The date of the last revision or update appears on top of the title. Your use of the Platform after any such amendment or change in the terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended terms.

USER ACCOUNT, PASSWORD AND SECURITY

If you wish to access our Platform, then you will be asked to create an account. In order to create an account with the Platform you will be required select a username and Password and provide us with certain information. This information will be collected, stored, and processed in accordance with our Privacy Policy [Please provide the link to Privacy Policy]

You must provide accurate, correct and complete registration information at the time of account set up and post account set up. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Yuthakacart immediately by sending an email to contact@yuthaka.com.

You agree that you are eligible to create and use only one account with one User name. You are not permitted to register or create an account on behalf of any entity other than yourself.

You agree not to register and use an account with an identity which is fraudulent or use the account of another User without the written permission of the User.

You agree to ensure that you exit from your account at the end of each session.

You can delete/unregister your account anytime by submitting a request to contact@yuthakacart.com. Yuthakacart may require additional information from the User in order to enable us to verify your account before the deletion of your account.

You understand that that message and data rates may apply when you use any of our mobile applications on your smartphone. You agree that Yuthakacart will not be responsible for the message and data rates due to your use of any of our mobile applications on your smartphone and You are solely responsible for any costs associated with using the Platform on your smartphone.

USER CONTENT

You are permitted to use the Platform for your commercial use. By posting, submitting or transmitting User Content in the Platform other than information submitted for registration you grant to Yuthakacart an unchangeable, transferable fully paid, license to copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute User Content, in or through any medium now known or hereafter invented, for any purpose.

By posting, submitting or transmitting User Content using our Platform you permit Yuthakacart the right to store that information with us, and to use such User Content for posting, maintenance and marketing. You agree and understand that you must evaluate the submission of such User Content to the Platform. You hereby agree that you shall, defend, and hold harmless Yuthakacart for all claims resulting from User Content provided by the User to Yuthakacart.

You agree that Yuthakacart has the right to reject, remove, edit, and move or prevent access to any User Content provided by the User to Yuthakacart. However, the obligation to mention the accuracy and correctness of the User Content remains with you.

You acknowledge and agree that neither Yuthakacart nor any third party service providers are responsible for the Content of any material submitted, transmitted or posted by any User of the Platform.

CONTENT POSTED ON THE PLATFORM

You understand that any material, Content and its arrangements that appears as “Yuthakacart content” or “Yuthakacart content” are owned by or licensed to Yuthakacart, subject to copyright or other Intellectual Property Rights held by third parties

YUTHAKACART LICENSE GRANT.

Subject to the terms and conditions of this Terms of Use Yuthakacart grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access the Platform. Except for this limited grant of access and use under these Terms of Use, we do not grant you any other right to the Platform.

RESTRICTIONS

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles and You agree not to:

Defeat, damage or interfere with any security feature of our Platform, nor attempt to do so.
Cheat, use any deceptive methods or otherwise evade or violate the rules or intended operation of any software, nor attempt to do so.
Alter or modify any Content of our Platform, other than information or User Content you have submitted or posted through the Platform.
Reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose, any Content or component of or any access to the Platform, without the prior written permission of Yuthakacart, except for User Content or registration information you have submitted or posted through the Platform.
Use any automated system, software, or device to generate and send communications to or through the Platform nor will you annoy or harass any person through or in connection with the use of the Platform.
Upload, post, transmit, share or otherwise make available through the Platform any illegal material, or any material that contains software viruses or any other computer code designed to interfere with the functionality of any computer software or hardware or telecommunications equipment.
Upload, transmit, or post any material that is obscene, sexually explicit, hateful, intimidating or threatening, or that violates the rights of Yuthakacart or of any third party.
Use the Platform to upload, modify, publish, post, transmit, or share material that is defamatory or invasive of the privacy of another person, graphically violent, or otherwise inappropriate for a general audience.
Use our Platform to post, transmit, or share material that you did not create or that you do not have permission to use.

LIABILITY

We do not make any claims, promises or guarantees about the accuracy, completeness, or adequacy of the Content available through the Platform and You understand that we will not be liable for errors and omissions in the Content available through the Platform. Reference in the Platform to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public and does not constitute endorsement or recommendation by us.

SPONSORS, ADVERTISERS AND THIRD PARIES

Our Platform may contain sponsors, advertisers or third party websites, links or applications. You agree and understand that the content, privacy policies of these websites are not under Our control. You understand that once you leave Our servers and use of any third party information You shall be governed by the privacy policy of the operator of the site used by you. Yuthakacart shall not be responsible for your dealings with advertisers in our Platform participating in promotion. You agree that the dealings are solely between you and such third parties.

You acknowledge and agree that Yuthakacart is not liable for any loss or damage whether direct or indirect which may arise as a result of the availability of those external sites, or as a result of any dealings by you and the third party on such web sites or content.

INDEMNIFICATION

To the maximum extent permitted by Applicable Law, you agree to defend, indemnify and hold Yuthakacart and its affiliates, subsidiaries, directors, agents and employees, and third parties associated with the Platform harmless against any damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your breach or violation of these Terms of Use.

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the Intellectual Property Rights of others. You agree to protect Yuthakacart Intellectual Proprietary Rights and the Intellectual proprietary rights of all others having rights in the Platform during and after the term of this agreement. We restrict Users from uploading, posting or otherwise transmitting materials that violate the Intellectual Property Rights of third parties.

When we receive notification of alleged copyright complaints that do not comply with the Copyright Right Act, 1957, we promptly remove or disable access to the illegal infringing material. We also terminate the accounts of the infringers.

If you are a copyright owner or an agent thereof and you believe that any content on the Platform that infringes upon your copyrights, you may submit a notice to us located at admin@yuthakacart.com.

NO WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YUTHAKACART AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. YUTHAKACART AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, DO NOT WARRANT THAT THE SITE OR SITE CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. YUTHAKACART AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THIRD PARTY CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST YUTHAKACART WITH RESPECT TO THE SAME.

LIMITATION OF LIABILITY

IN NO EVENT SHALL YUTHAKACART OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, OR THIRD PARTIES ASSOCIATED WITH THE SITE, BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE PLATFORM, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THE PERFORMANCE OR NON-PERFORMANCE OF THE PLATFORM OR THE SITE OR THE CONTENT ACCESSIBLE THROUGH THE PLATFORM, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. USERS AGREE THAT THE LIABILITY OF YUTHAKACART, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS, EMPLOYEES AND THIRD PARTIES ASSOCIATED WITH THE SITE IS LIMITED SOLELY TO DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, RUPEES THREE THOUSAND (Rs.3000).

TERMINATION

Yuthakacart may, in its sole discretion, immediately terminate, limit or suspend your account, delete your registration, other information, or User Content, and/or prohibit you from using or accessing the Platform without any notice, if you have violated any of the provisions in this Terms of Use.

Either party may terminate the use of the Platform at any time, with or without notice, for no reason or any reason. If you wish to terminate your account on your mobile device, you may do so by removing the application from your device and following the instructions on the application or through the Platform.

Please email contact@yuthakacart.com for any termination inquiries/questions. On termination, you lose the right to access or use the Platform.

PLATFORM INFORMATION

This Platform does not sell or rent the User information to any third party. You hereby acknowledge that when you use the Platform, We may collect your device number and other information. We cannot ensure the security of your data transmitted via the internet, telephone or any other networks.

SELLING

As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with Selling on Yuthakacart Service Terms Agreement. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the Intellectual Property Rights or other proprietary rights or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. You agree not to list a single product in multiple quantities across various categories on the Platform. Yuthakacart reserves the right to delete such multiple listings of the same product listed by you in various categories.

GOVERNING LAW

These Terms of Use are governed by the laws of the Republic of India. Any claim related to any dispute arising as a result of the Platform or under these Terms of Use will be made before a court of competent jurisdiction located in Bengaluru, Karnataka. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use or use of the Platform must be filed within one year after such claim or cause of action arose or be forever barred.

MISCELLANEOUS

Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. These Terms of Use and the Privacy Policy on the Platform constitute the entire agreement between you and Yuthakacart and govern your use of the Platform, superseding any prior agreements between you and Yuthakacart. If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. The failure of Yuthakacart to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Yuthakacart rights with respect to such breach or any subsequent breaches.

COMPLAINTS

You understand that by using this Platform or any materials provided in the Platform, you may encounter Platform Content that may be deemed by some to be offensive, indecent, or objectionable, which Platform Content may or may not be identified as such. You agree to use the Platform and any related materials or services at your sole risk and that we will have no liability to you for the Content that may be deemed offensive, indecent, or objectionable. All complaints should be sent to us at the following address:admin@yuthakacart.com.

CONTACTUS

If you have any questions concerning the Terms of Use please contact us at contact@yuthakacart.com.

CONTACTING THE SELLER

In the event that You wish to contact Yuthakacart about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at +91-8105433334 or send an email to us at marketing@yuthakacart.com.