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Welcome to UWOKart Online Shopping Store!

Terms of Use

 

The domain name  www.uwokart.com , including the related mobile site and mobile application as well as the seller portal seller.UWO Kart.com (hereinafter referred to as 'UWO Kart'), a company incorporated under the Companies Act, 1956, with its registered office at UWO Kart, Plot No 2, 3rd Floor, SG square, Rampur Chowk, Gwarighat Jabalpur (M.P.)   

For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Platform, and the terms ‘we’, ‘us’, and ‘our’ shall mean UWO Kart.   

Your use of the Platform and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Platform, notifications, and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with UWO Kart, and these terms and conditions including the policies constitute your binding obligations to UWO Kart.   

When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.   

ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting the ToU, you also accept and agree to be bound by all of UWO Kart’s policies applicable to you, as amended, from time to time.   

Seller Eligibility   

The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. UWO Kart reserves the right to terminate your registration and/or refuse your access to the Platform if it is brought to UWO Kart’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.   

Your Account and Registration Obligations   

In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining the confidentiality of this information, as well as your display name, login, and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not under the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.   

Seller Account Deactivation:   

As per our policy, if a seller requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions that have been made before his closure request and this will be available to the said seller for downloading payment and taxation reports if required. After 90 days, the seller would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. Upon receiving this confirmation, the seller’s account will be deactivated provided there are no outstanding payments due from the seller, with certain information being retained by UWO Kart at all times, such as registered mobile number, registered email ID, GSTIN, and other transaction-related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the sellers in the future. If a seller decides to commence his business with UWO Kart again, he/she will not be able to create a new account but the older account can be restored if it is required.   

    

Communications   

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.   

A platform for Transaction and Communication   

The Platform is a platform that users utilize to independently meet and interact with one another for their transactions. UWO Kart is not and cannot be a party to any transaction or dispute between users on the Platform.   

Consequently:   

1. All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. UWO Kart does not determine, advise, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.   

2. UWO Kart does not make any representations or warranties regarding specifics (such as quality, value, and saleability of the products or services proposed to be sold, offered to be sold, or purchased on the Platform. UWO Kart does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. UWO Kart accepts no liability for any errors or omissions of third parties concerning the products and services.   

3. UWO Kart is not responsible for any non-performance or breach of any contract between you and buyers. UWO Kart cannot and does not guarantee that you and the buyers concerned will perform a transaction(s) concluded on the Platform. UWO Kart shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.   

4. UWO Kart does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.   

5. UWO Kart does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.   

6. At no time shall UWO Kart hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. UWO Kart is not responsible for the unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.   

7. The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. UWO Kart only provides a platform for communication and it is agreed that the contract for the sale of any products or services shall be a strictly bipartite contract between you and the buyer.   

8. You release and indemnify UWO Kart and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have on this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, UWO Kart cannot control the information provided by other users which are made available on the Platform. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretense.   

Use of the Platform   

You agree and understand that UWO Kart and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised/listed and the contents therein are advertised and listed by registered users and are third-party user-generated contents. UWO Kart shall bear no responsibility or liability concerning or arising out of third-party user-generated content. UWO Kart neither originates nor initiates the transmission nor selects the sender and receiver of the transmission, nor selects nor modifies the information contained in the transmission. UWO Kart is merely an intermediary and does not interfere in the transaction between buyers and sellers.   

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:   

1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:   

(a) belongs to another person and over which you have no right.   

(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.   

(c) is false, inaccurate, or misleading in any way.   

(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual.   

(e) harasses or advocates harassment of another person.   

(f) involves the transmission of ‘junk mail’, ‘chain letters, unsolicited mass mailing, or ‘spamming’ including spamming byways of unrelated feedbacks on surveys   

(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous.   

(h) infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity]   

(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see “Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices or pirated music or links to pirated music files   

(j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page)   

(k) provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone.    

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses.   

(m) contains unauthorized videos, photographs, or images of another person (whether a minor or an adult).   

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform.   

(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.   

Throughout the ToU, UWO Kart’s prior written consent means a communication coming from UWO Kart’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization.   

(p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal.   

(q) interferes with another’s use and enjoyment of the Platform.   

(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU.   

(s) harms minors in any way.   

(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items.   

(u) violates any law for the time being in force.   

(v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature.   

(w) impersonates another person.   

(x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource. or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or personal information.   

(y) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offense or prevents investigation of any offense or is insulting any other nation. offends the religious and national sentiments of the nation as included in the ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.   

(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force.   

(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.   

2. You shall not use any ‘deep-link, ‘page-scrape, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.   

3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.   

4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform, or any network connected to the Platform. You may not reverse look-up, trace, or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.   

5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms UWO Kart, Flipkart, UWO Kart.com, or otherwise engage in any conduct or action that might tarnish the image or reputation of UWO Kart or sellers on the platform or otherwise tarnish or dilute any UWO Kart trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or UWO Kart’s systems, networks, or any systems or networks connected to UWO Kart.   

6. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform, or any other person’s use of the Platform.   

7. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.   

8. You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of UWO Kart and/or others.   

9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licenses and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular, you shall ensure that if any of your items listed on the Platform qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.   

10. You shall strictly comply with the OFAC Regulations and Other Applicable Sanctions Regulations as may be amended from time to time. The extant Trade Compliance Policy Statement is available at the       

11. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of UWO Kart.        

12. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such items or services to mislead other users on the Platform in any manner.   

13. You shall not engage in advertising or solicitation of other sellers on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. UWO Kart shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such Content posted does not reflect UWO Kart’s views. In no event shall UWO Kart assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance on the Platform. You hereby represent and warrant that you have necessary rights to all the content 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 misleading, libelous, tortious, or otherwise unlawful information.   

14. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.   

15. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.   

16. UWO Kart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).   

17. UWO Kart and/or its affiliates may from time to time in partnership/association with its partners and/or third-party sponsors, organize/enable promotional campaigns on the Platform for the benefits of the customers/Sellers. Partners/third-party sponsors may prescribe certain objective qualifying criteria to identify Sellers who will be eligible for the benefits of the campaign. All Sellers who qualify based on the objective criteria provided by such sponsors of the campaign will be auto opted-in and be able to obtain the benefits of such promotional campaigns. In the event any Seller does not qualify based on the objective criteria, Sellers may choose to participate in such campaigns by expressly opting-in for them. In the event a Seller opts in for such promotional campaigns that they are not eligible for to enhance their sales, they will have to bear the cost of such promotional campaigns, if any, limited to the sales of their products. For the avoidance of any doubt, some Sellers may qualify, and some may not be based on the qualifying criteria set for each individual campaign. Please refer to the campaign communication/notifications for more details, as may be communicated to you from time to time.