Welcome to IraCart website, IraCart and its affiliates provide access to the IraCart website (the "website") to you subject to the conditions set out on this page.
Please read these conditions carefully before using the IraCart website. By using the IraCart website, you signify your agreement to be bound by these conditions.
In addition, when you use any current or future IraCart website service (e.g. Wish List or Marketplace) ("IraCart Service"), you will also be subject to the terms, guidelines and conditions applicable to that IraCart Service. ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
• Conditions Relating to Your Use of IraCart website
• Notice and Procedure for Making Claims of Infringement
• Notice and Procedure for Notifying IraCart website of Objectionable Content
ACCEPTANCE OF TERMS AND CONDITIONS
o General: By using IraCart website (the “Website” or “IraCart website” in this document) or IraCart mobile application (the “mobile application”), you, the Customer (“you”, “your”, or the “User” in this document) unconditionally agree to the terms and conditions that we, IraCart (“IraCart website”, “we” or “us” or “our” in this document) have provided herein for use of IraCart’s Website or mobile application owned and maintained by us. This Website or mobile application and any individual websites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks (“Minisites”) with our Website or mobile application are private property. All interactions on this Website or mobile application must comply with these Terms of Use. If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” in this document) please refrain from using this Website or mobile application. The term Website shall include any or all Minisites, wherever mentioned.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website or mobile application by providing Registration Data while registering on the Website or mobile application as Registered User using the computer systems or mobile device. IraCart website allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean IraCart or IraCart website. The terms IraCart and IraCart website have been used interchangeably in the document.
o CAUTION: PLEASE READ THIS AGREEMENT CAREFULLY. BY BROWSING, ACCESSING OR USING THIS WEBSITE OR MOBILE APPLICATION OR BY USING ANY FACILITIES OR SERVICES MADE AVAILABLE THROUGH OR ON IT, YOU ARE AGREEING TO THE TERMS OF USE THAT APPEAR BELOW (ALL OF WHICH ARE CALLED THE “AGREEMENT”). THIS AGREEMENT IS MADE BETWEEN YOU AND US. USE OF THE SERVICES AND THE WEBSITE OR MOBILE APPLICATION AND ANY PURCHASE MADE THERETO ARE EACH SUBJECT TO THE TERMS OF USE SET OUT IN THIS AGREEMENT.
o Amendments and changes: We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time so that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website or mobile application, you are implicitly agreeing to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon IraCart website’s posting thereof. Continued use of any of the services provided by IraCart website via the Website or mobile application (or via other electronic or other communication from IraCart website) including the information services, content and transaction capabilities on the Website or mobile application, including the ability to make a purchase (all of which are called the “Services” in this document) will be deemed to constitute acceptance of the new terms and conditions. IraCart website may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
GENERAL
o User Accounts: In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to IraCart website certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner) at the time of making payment. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or IraCart website's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by IraCart website in writing, you may only possess one Account.
o Territory: The Website or mobile application and the Services and any purchase are directed solely at those who access the Website from the Republic of India. IraCart website makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website or mobile application (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
o Website and/or Mobile Application: IraCart website provides an interactive online service owned and operated by IraCart website through the Website on the World Wide Web of the Internet (the “Web” or “Internet”) and its mobile application, consisting of information services, content and transaction capabilities provided by IraCart website, its holding company and its associates, if any, with whom it has business relationships (“Business Associates”) including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website or mobile application (“Third Party Content Providers”), third parties that provide advertising services to IraCart website (“Third Party Advertisers”) and third parties that perform function on behalf of IraCart website like sending out and distributing our administrative and promotional emails and text messages (“Third Party Service Providers”).
o Right to Transfer: The right to use this Website or mobile application is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User’s password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of IraCart website, and IraCart website shall not be responsible for any data lost while transmitting information on the Internet.
o Not on Uninterrupted Basis: While it is IraCart website’s objective to make the Website or mobile application accessible at all times, the Website or mobile application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of IraCart website, access to the Website or mobile application may be interrupted, suspended or terminated from time to time. IraCart website reserves the right, in its sole discretion, to terminate the access to any or all IraCart website website(s) and the related services or any portion thereof at any time, without notice. IraCart website shall also have the right at any time to change or discontinue any aspect or feature of the Website or mobile application, including, but not limited to, content, graphics, Offers, settings, hours of availability and equipment needed for access or use. Further, IraCart website may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
EQUIPMENT
o User’s Responsibility: The Services and use of the website or mobile application do not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this Website or mobile application and all charges related thereto. IraCart website shall not be liable for any damages to the User’s equipment resulting from the use of this Website or mobile application.
USER CONDUCT
o Restrictions: The User undertakes without limitation, not to use or permit anyone else to use the Service or Website or mobile application:
• to upload, send or receive any information for which you have not obtained all necessary license and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
• to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
• to intercept or attempt to intercept any communications transmitted by way of a telecommunication system;
- for a purpose other than which we have designed them or intended them to be used;
- for any fraudulent purposes.
- in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
• to upload, send or receive any material, which is not civil or tasteful.
• to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
• to cause annoyance, inconvenience or needless anxiety.
o Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
• resell the Services or Site;
• furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
• attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
• access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
• execute any form of network monitoring which will intercept data not intended for you;
• send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
• create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
• send malicious email, including flooding a user or site with very large or numerous emails;
• enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
• use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
• use in an unauthorized manner, or forge, mail header information;
• engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher; or
• copy or use any User Content for any commercial purposes.
o Any conduct by a User that in IraCart website’s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying this Website or mobile application is strictly prohibited. The User shall not use this Website or mobile application to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website or mobile application to become users of other online or offline services directly or indirectly competitive or potentially competitive with IraCart website.
o IraCart website reserves the right to prevent you from using the Website (or mobile application) and the Service (or any part of thereof) and to prevent you from making any purchase, if your conduct is found to be in question or contravention of such Terms as mentioned above or in this Agreement.
PURCHASE AND SALE OF PRODUCTS AND/OR SERVICES
o IraCart website takes no responsibility for the services and/or products for which IraCart website Vouchers may be redeemed. Further, IraCart website makes no warranty to the Users for the quality, safety, usability, or another aspect of the product or service for which the IraCart website Voucher may be redeemed.
o Some services for which IraCart website Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities IraCart website takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the services for which the IraCart website Voucher can be redeemed.
For more information see IraCart website’s Terms of Sale.
PROMOTIONAL CODES
IraCart website may, in IraCart website's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Provider’s services, subject to any additional terms that IraCart website establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (I) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by IraCart website; (iii) may be disabled by IraCart website at any time for any reason without liability to IraCart website; (iv) may only be used pursuant to the specific terms that IraCart website establishes for such Promo Code; (v) are not valid for cash; vi) may expire prior to your use; and vii) unless otherwise specified cannot be used more than once. IraCart website reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that IraCart website determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
INTELLECTUAL PROPERTY RIGHTS
o IraCart website grants you a limited, personal, non-transferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by IraCart website. All Intellectual Property Rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website or mobile application and Service, (subject to the Title & Ownership Rights as mentioned below) information content on the Website or mobile application or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
o None of the material listed in the clause above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print / save one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or mobile application without our permission.
o “IraCart website”, the IraCart website Logos and variations thereof found on the website or mobile application are trademarks owned by IraCart website and all use of these marks inures to the benefit of IraCart website. All rights (including goodwill and, where relevant, trade marks) in IraCart website’s name are owned by us (or our licensors). Other product and company names mentioned on the Website or mobile application is the trademarks or registered trademarks of their respective owners.
o The title, Ownership Rights and Intellectual Property Rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
o Subject to the Clause below, any material you transmit or post or submit to the Website or mobile application (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation or such legislation which provides for protection of electronic data under Indian Laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
o All comments, suggestions, ideas, notes, drawings, concepts or other information: (I) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website or mobile application; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
o The User expressly agrees that use of the Website or mobile application is at the User’s sole risk. Neither IraCart website, its holding or subsidiaries, Business Associates nor any of their respective employees, agents, and third party content providers warrant that use of the Website or mobile application will be uninterrupted or error-free; nor do they make any warranty as to (I) the results that may be obtained from use of this Website or mobile application, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website or mobile application.
o The Website or mobile application are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
o We do not give any warranty that the Services or the Website or mobile application are free from viruses or anything else which may have a harmful effect on any technology.
o We reserve the right to change, modify substitute, suspend or remove without notice any information or Voucher or service from the Website or mobile application forming part of the Service from time to time. Your access to the Website or mobile application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third-party software to operate. For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Services at any time.
o We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of this Agreement.
o This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. The User specifically acknowledges that IraCart website is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
o In no event shall IraCart website, or any Business Associates, Third Party Content Providers, Third Party Advertisers or Third-Party Service Providers, producing or distributing the Website or the contents hereof, mobile application and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or mobile application. The User hereby acknowledges that the provisions of this Clause shall apply to all content on the Website and mobile application.
o In addition to the terms set forth above, neither IraCart website, nor its subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
o We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total Offer price paid or payable to you under this Agreement.
o IraCart website shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
MONITORING
o IraCart website shall have the right, but not the obligation, to monitor the content of the Website or mobile application at all times, including any chat rooms and forums that may hereinafter be included as part of the Website or mobile application, to determine compliance with this Agreement and any operating rules established by IraCart website, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, IraCart website shall have the right to remove any material that IraCart website, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
PRIVACY
o The User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read the User’s communications without the User’s knowledge. IraCart website does not control or endorse the content, messages or information found in any Communities, and, therefore, IraCart website specifically disclaims any liability concerning the Communities and any actions resulting from the User’s participation in any Communities, including any objectionable content. Generally, any communication which the User posts on the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by IraCart website as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website or mobile application, User grants IraCart website the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see IraCart website’s Privacy Policy.
LICENSE GRANT
o By posting communications on or through this Website or mobile application, the User shall be deemed to have granted to IraCart website, a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
INDEMNIFICATION
o The User agrees to defend, indemnify and hold harmless IraCart website, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of (I) the use of this Website and/or the mobile application by the User; (ii) the use of the Voucher; (iii) the use of the Service or Website or mobile application through your password; or (iv) any breach of this Agreement by you.
TERMINATION
o IraCart website may terminate this Agreement at any time. Without limiting the foregoing, IraCart website shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which IraCart website, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.
o One User can have only one Account with a unique e-mail ID and unique phone number. If IraCart website has any suspicion or knowledge that any of its Users have created multiple Accounts with different e-mail addresses or phone numbers (including but not limited to account creation by using false names or providing misleading data for creating those Accounts or using disposable email addresses or disposable phone numbers) to generate additional cash back credits or misuse or take undue advantage of the promotional benefits being provided on the IraCart website Platform, then IraCart website may while reserving its rights to initiate civil and/or criminal proceedings against such User may also at its sole discretion terminate, suspend, block, restrict, cancel the Account of such User and/or disqualify that User and any related Users from availing the services ordered or undue benefits availed through these accounts.
o All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification and Termination above will survive termination of this Agreement.
o Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.