1. Transactions, transaction price, and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render UWO Kart liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services, or fraud as regards the products and/or services listed on the Platform.
2. You have specifically authorized UWO Kart or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through the payment facility. Your relationship with UWO Kart is on a principal to principal basis and by accepting the ToU, you agree that UWO Kart is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. UWO Kart does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
3. You understand, accept, and agree that the payment facility provided by UWO Kart is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, UWO Kart neither acts as a trustee or fiduciary with respect to transaction or transaction price.
It is hereby clarified that the cash on delivery (COD) option may not be available for select products or categories, at UWO Kart’s sole discretion.
4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports the payment facilities to provide these services to the users. All such online bank transfers on payment facilities are also governed by the terms and conditions agreed to between a seller-buyer and the respective issuing bank.
Dispatch of products and/or services 1. You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the TOU to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For the avoidance of doubt, UWO Kart will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform
2. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to UWO Kart in such a manner and within a time period as provided in the policies, failing which the transaction shall stand canceled.
3. Seller shall dispatch the products and/or services using only an approved delivery channel that provides appropriate ‘proof of dispatch’ & ‘proof of delivery (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of 3 (three) years from the date of dispatch. The PoDs should be furnished to UWO Kart on-demand within the time frame as notified from time to time.
4. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
5. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the TOU and may lead to suspension and/or termination of seller account.
6. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
a) Buyer confirms the delivery of products and/or services in the transaction;
b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
c) Buyer’s refund claim is rejected by UWO Kart due to any breach of the ToU, policies, and any applicable law;
Once the transaction is completed by the Seller, the remittance to the seller shall be made in accordance with RBI Intermediary Guidelines.
7. You are required to route all shipments/consignments through the Logistic Partner unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by UWO Kart.
Prepaid Payment Instruments
UWO Kart may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Platform to users. Any purchases by buyers on the Platform using the prepaid instruments shall be governed by the following terms and conditions:
Financial Facilities for customers
UWO Kart has operationalized tie-ups with multiple partners for providing financial assistance to customers for purchasing products on the platform and thereby enhancing the transaction capability of customers. In pursuance of the same, in the event of the customers opting for the financial assistance program and you duly receiving such amounts from the partners (on behalf of the customers), you hereby agree to assign all receivables from the customer for such transaction. Therefore you hereby agree that without any further action on your part, upon receipt of the amount due from such partners, any and all receivables due from the customers shall stand assigned in favor of the partner. You hereby authorize UWO Kart to enter into any documentation on your behalf to complete and perfect the assignment. Upon such assignment, the financing partner shall have all the rights as the seller may have had in relation to the collection of receivables from the customer and the customer shall be required to repay the financing partner directly. The lending partner further reserves the right to assign and transfer such receivables under these terms and conditions to an NBFC/financial institution as it may deem fit.
Registration on the Platform is free. UWO Kart does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. UWO Kart reserves the right to change its fee policy from time to time. In particular, UWO Kart may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, UWO Kart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to UWO Kart. You shall be solely responsible for compliance with all applicable laws for making payments to UWO Kart. You hereby agree that UWO Kart shall have the right to set off any amounts due and payable by You to UWO Kart against any payments due from UWO Kart to You.
GST /Taxes: You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+IGST and GST cess as may be applicable to the transaction).
1. A seller agrees that UWO Kart may offer to provide express remittance to eligible sellers as per payments settlement policy. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. UWO Kart, at its sole discretion, may make such an offer to eligible sellers and the same shall not be construed as a right but only as a privilege. Eligible sellers understand that UWO Kart reserves the right to withdraw Express Remittance at any time for any violation of the ToU or UWO Kart’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by UWO Kart from time to time.
A seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, the seller shall ensure that invoices state ‘Powered by UWO Kart’, and failing to do so, a seller shall be liable to chargebacks (as applicable).
3. In case of any chargebacks levied by the bank, UWO Kart shall have the right to deduct such chargebacks from seller remittances, present, and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, UWO Kart shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event UWO Kart has made any excess payment to the seller inadvertently, such excess payments shall be set off from any future payments payable by UWO Kart to the seller.
4. UWO Kart may delay notifying the payment confirmation, i.e. informing the seller to dispatch if UWO Kart deems suspicious or a buyer conducts high transaction volumes to ensure the safety of the transaction and transaction price. In addition, UWO Kart may hold transaction price and not inform the seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
5. Sellers acknowledge that UWO Kart will not be liable for any damages, interests, claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of UWO Kart.
6. UWO Kart shall make payments into the bank account provided by a seller during the seller registration process. Once UWO Kart has made payments into such a bank account number, UWO Kart shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.
Compliance with Laws:
1. Seller shall sign an understanding stating that they have obtained and will continue to maintain in force all the necessary licenses, permissions, authorizations, and permits needed to distribute, market, supply, and sell the [*] (“Products”) on www.UWOKart.com under applicable
laws, from time to time, including, the Food Safety and Standards Act, 2006, Food safety and standards (licensing and registration of food business), Regulations, 2011 and all applicable legislations under FoodSafety and Standards Regulations, in each case, as amended from time to time. For all times during which the seller may advertise, distribute, market, supply, or sell the Products on www. UWO Kart.com, the undertaking remains true and correct in all respects. Further, the seller shall immediately notify UWO Kart, in writing, upon the lapse of the FSSAI License and/or in case of receipt of any order, demand, warrant or document, or any regulatory action with respect to the FSSAI License. The seller acknowledges and agrees that UWO Kartshall is permitted to assign or otherwise furnish the undertaking to any authority or person as may be required for official purposes. Seller shall also comply with the Legal Metrology Act, 2009 and the related rules and regulations while listing products on the platform UWO Kart.com. Seller shall be required to enter the mandatory attributes while listing products on the platform (including but not limited to the country of origin of the product) as provided under the Legal Metrology Packaged Commodity Rules and the related amendments.
2. In the event of the sale of jewelry, the seller shall provide a hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be the sole responsibility of the Seller to comply with hallmarking or other similar provisions applicable for the sale of jewelry, and UWO Kart shall not be liable whatsoever for any non-compliance in this regard.
3. In the event of the sale of jewelry, the Seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. UWO Kart hereby disclaims any responsibility for conducting Buyer KYC.
4. Seller shall comply with all laws and regulations applicable, including but not limited to anti-money laundering (including ‘know your customer’ and ‘customer due diligence), and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this ToU that will cause the other party to violate such regulations.
5. Seller shall ensure that no products are sourced or used in the manufacturing or in the provision of services which originate, wholly or in part, from any of the prohibited countries stated in the ‘OFAC Regulations and Other Applicable Sanctions Regulations’.
6. If and to the extent that you collect, access, use, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of UWO Kart (or any UWO Kart group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this ToU (“UWO Kart’s Personal Information"), you agree to:
7. If and to the extent that you provide your or others’ Personal Information to UWO Kart for processing, you warrant that such Personal Information was collected lawfully, and there is no restriction on you under the Applicable Data Protection Law, from providing such Personal Information to UWO Kart or any processing by UWO Kart under this ToU. We will only use the information provided by you in accordance with this ToU
8. You undertake sole and exclusive responsibility to ensure that the products you want to list on uwokart.com for Sales are permissible for such a Sale and are not prohibited or restricted per one or many conditions imposed by the extant laws of the land, UWO Kart’s Prohibited and Restricted Items Policy.
9. Products must adhere to the legal metrology laws and Indian Labelling requirements by ensuring that the indicated weights and measurement indicated in the products and/or its components are commensurate with the mandatory and legal requirements of the same which make the product and/or components accurate, authentic and secure for consumption/utilization by the customer. UWO Kart does not assume any responsibility for the proceedings undertaken by an aggrieved customer/consumer against the seller in the event of a non-adherence. However, in the event of a complaint from a consumer/customer, the seller is obligated to answer queries on the non-adherence to the Legal Metrology Laws, failing which UWO Kart can temporarily/indefinitely suspend/terminate/block/with-hold your account at its own discretion.
UWO Kart does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
UWO Kart shall have the right to inspect and audit seller’s records and premises/place of business through itself or through UWO Kart-approved third-party testing agencies. The cost of such an audit shall solely be borne by UWO Kart unless the audit reflects discrepancy in seller accounts / non-compliance with UWO Kart’s seller policies, in which case the cost of the audit shall be borne by the seller.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:
2. if we are unable to verify or authenticate any information you provide;
3. if it is believed that your actions may cause legal liability for you, other users, or us; or
4. if you do not produce the legal requirement documents such as the documents required for product sales in the Drugs and Cosmetics category, the BIS license documents, the Brand Authorisation letter, or a Trademark registration proof, as may be required by UWO Kart Authorities.
We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
UWO Kart respects the intellectual property of others. In case you feel that your trademark has been infringed, UWO Kart respects the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to UWO Kart at [email protected] Kart.com or raise an incident from your seller dashboard
Trademark, Copyright, and Restriction
The Website is controlled and operated by UWO Kart and products are sold by respective registered sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute UWO Kart’s or other sellers’ material in any way, including by email or other electronic means, and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights are prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
Limitation of Liability
IN NO EVENT SHALL UWO Kart BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF UWO Kart HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Jabalpur
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. UWO Kart makes no representation that the material on the Website is appropriate or available for use in other locations/Countries other than India. Those who choose to access the Website from other locations/Countries other than India do so on their own initiative and UWO Kart is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India and compliance with local laws, if and to the extent local laws are applicable.
Please send any comments or questions, including all inquiries not related to trademark and copyright infringement, by raising an incident from your seller dashboard.
In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:
Unified Web Options and Services Pvt. Ltd.
Plot No 2, 3rd Floor, SG square, Rampur Chowk, Gwarighat, Jabalpur (M.P.)
Email: [email protected]
Time: Mon-Sat (9:00AM – 8:00PM)