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GROUPINKART TERMS AND CONDITIONS

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.groupinkart.com website.

The domain name www.groupinkart.com (hereinafter referred to as "Website") is owned by M/s E4SURE TRADING LLP having its registered office at A-5 2nd Floor, Commercial Complex, Shankar Garden, Vikas Puri, Delhi-110018 (hereinafter referred to as "GROUPINKART"). Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use" ) as applicable to the website including the applicable policies which are incorporated hereinby way of reference. If you transact on the website, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website, you shall be contracting with GROUPINKART and these terms and conditions including the policies constitute your binding obligations, with GROUPINKART.

 

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 by providing registration data while registering on the Website as registered User using the computer systems/mobile application. GROUPINKART allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean GROUPINKART.

When you use any of the services provided by us through the website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by GROUPINKART Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.

 

 

Membership Eligibility

Groupinkart will have multiple groups initially each group shall have a minimum 500-700 members in which shall be for the period of 20 months and the same shall be dissolved after the said period. Members can have multiple identifications in the same group as well as in other groups of GROUPINKART.  GROUPINKART shall increase the numbers of members in a group with the prior intimation to its members. GROUPINKART also reserves its right to form a separate group where members can vary from time to time.   

Use of the Website is available only to persons who can form legally binding contracts under 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 website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the GROUPINKART website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the website. GROUPINKART reserves the right to terminate your membership and/or refuse to provide you with access to the website if it is brought to GROUPINKART’S notice or if it is discovered that you are under the age of 18 years.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If you use the website, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Your mobile phone number and/or e-mail address is treated as your primary identifier on the Website. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Website at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Website through a one time password verification.

You agree that GROUPINKART shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where you have failed to update your revised mobile phone number and/or e-mail address on the Website.

CONTRIBUTIONS OF MEMBERS TOWARDS GROUP

That each member/subscribers will have to subscribe for a sum of Rs 3000/- per month with GROUPINKART out of which Rs. 1000 shall be retained as a advance with the consent of the members/subscribers concerned by GROUPINKART till the end of tenure of each group. The members are free to shop for rest of the amount from the portal of GROUPINKART. The amount of Rs. 1000 deposited monthly by the member shall be in a lock in period of 20 months which shall be credited in the members wallet and the same shall be unlocked after the expiry of the stipulated period of 20 months. That the member shall be free to redeem the said amount of Rs. 20000 on GROUPINKART website after expiry of the group.

 

 

GIFTS, PRIZES AND OTHER AWARDS:

GROUPINKART shall conduct lucky draw for its members each month at specified date which shall be communicated to the members via e-mail, SMS and notification on mobile applications and website. Members shall be eligible to participate in lucky draw who adds a sum of Rs. 3000 in their wallet every month. The member who fails to add money to his/her wallet shall not be eligible for the lucky draw in that particular month.

GROUPINKART shall distribute minimum 1001 prize in each group within the period of 20 months. One lucky member would win 12 months subscription every month. Other members also stand a chance to win 30 consolation prizes every month in form of Cash back/ Products/ movie tickets. Cash back shall be credited to the members wallet attached to their account.

10 members also stand a chance to win upto  100% (maximum upto Rs3000)   cash back in a month which shall be credited in their wallet immediately after the draw (only those member shall be eligible for 100% cash back who purchases on the GROUPINKART portal for a sum of Rs. 3000 over and above the monthly subscription amount);

 One lucky member also stands a chance to win a bumper prize worth Approx. Rs. 4 Laks (Car or any other product equal to the value of Rs. 4 Lacks) at the last draw of the Group only those members can participate in bumper draw who have achieved the sale targets of Rs. 1 lack in 20 months over and above the subscription amount;

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. GROUPINKART does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by GROUPINKART.

GROUPINKART does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. GROUPINKART does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. GROUPINKART accepts no liability for any errors or omissions, whether on behalf of itself or third parties. For any defective product and guarantee/ warranty issues the members are advised to approach the customer care of the concerned company whose product are found to be defective. Groupinkart shall assist its members to connect the concerned customer care with the members. Complain once registered with Groupinkart shall be resolved within 72 hours of registering the complaint

GROUPINKART does not make any representation or warranty as to the 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 user that you choose to deal with on the website and use your best judgment in that behalf.

GROUPINKART does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

The Website is only a platform that can be utilized by Users/members/subscribers to reach a larger base to buy and sell products or services. GROUPINKART is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

At no time shall GROUPINKART hold any right, title or interest over the products nor shall GROUPINKART have any obligations or liabilities in respect of such contract.

GROUPINKART is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.

 

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

 

·   You release and indemnify GROUPINKART and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, GROUPINKART cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.


 Please note that there could be risks in dealing with underage persons or people acting       under false pretence.

USE OF THE WEBSITE

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

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

(a) belongs to another person and to which you does not have any right to;

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

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, 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", or unsolicited mass  mailing or "spamming";

 (g) promotes illegal activities or conduct that is abusive, threatening, obscene,  defamatory or libellous;

(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 to them, providing information to circumvent manufacture-installed copy-protect  devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images     (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, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an   adult).

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

(o) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying  or selling of "virtual" products related to the Website. Throughout this Terms of Use, GROUPINKART prior written consent means a communication coming from    Groupinkart Legal Department, specifically in response to your request, and      specifically addressing the activity or conduct for which You seek authorization;

 (p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as                  being illegal;