Terms and Conditions

Terms of use

Thank you, for using The Khatu Mart.

For your information: “The Khatu Mart Private Limited”, is a company incorporated under the Companies Act, 2013 with its registered office at Trishla City, High Ground Road, Mohali, 140603 (hereinafter referred as “We”/ “The Khatu Mart”/ “Us”/ “Our”).

The terms and conditions/ terms of use (“Terms”) governing the The Khatu Mart Platform (defined later) and the Services (defined later) follow:

Acceptance of terms:

These Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the The Khatu Mart’s website thekhatumart.com (“Site”) and/or any related mobile or software applications (collectively referred to as, “The Khatu Mart Platform”) including but not limited to the services offered by The Khatu Mart via the The Khatu Mart Platform or otherwise (“Services”).

Your use/ access of the The Khatu Mart Platform shall be governed by these Terms and the Privacy Policy of The Khatu Mart as available at https://thekhatumart.com/privacy (“Privacy Policy”). By accessing the The Khatu Mart Platform and/ or undertaking any sale-purchase transaction, you agree to be bound by the Terms including any additional terms and conditions and policies referenced herein and/or available by hyperlink on the The Khatu Mart Platform and acknowledge that it constitutes an agreement between you and The Khatu Mart. You may not access the The Khatu Mart Platform and use the Services if you do not accept the Terms or are unable to be bound by the Terms/ the Privacy Policy.

These Terms may be updated from time to time by The Khatu Mart without notice. It is therefore strongly recommended that you review these Terms, as available on the The Khatu Mart Platform, each time you access and/or use the The Khatu Mart Platform. In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the The Khatu Mart Platform, these Terms will prevail.

The terms ‘visitor(s)’, ‘user(s)’, ‘you’, ‘your’, ‘customer(s)’ hereunder refer to the person visiting, accessing, viewing, browsing through and/or using the The Khatu Mart Platform at any point in time.

Should you need any clarifications regarding the Terms, please do write to us at support@thekhatumart.com

Services Overview

The Khatu Mart Platform is a platform for users/ consumers to transact with sellers/ service providers offering products/services for sale/ supply through the The Khatu Mart Platform. Products/ services may be listed or offered for sale/ supply on the The Khatu Mart Platform by The Khatu Mart, its affiliates or third parties (“Third Party Sellers”) (such third party products/ services offered by Third Party Sellers shall hereinafter be referred to as “Third Party Offerings”). For abundant clarity, with respect to the Third Party Offerings, The Khatu Mart does not provide any services to users other than providing the The Khatu Mart Platform as a platform to transact at their own cost and risk, and other services as may be specifically notified in writing. Services on the The Khatu Mart Platform are available to only select geographies in India.

The Khatu Mart is not and cannot be a party to any transaction between you and the Third Party Sellers (which shall be a bipartite arrangement between you and the Third Party Seller), neither does The Khatu Mart have any control or influence over the Third Party Offerings. The Khatu Mart does not make any representation or warranties with respect to the Third Party Offerings, including relating to quality, suitability, merchantability and fitness for any purpose nor does The Khatu Mart implicitly or explicitly support or endorse the sale/ supply or purchase of any such products/ services on the The Khatu Mart Platform. The Khatu Mart therefore disclaims all warranties and liabilities associated with any Third Party Offerings on the The Khatu Mart Platform.

Eligibility

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvent etc. are not eligible to use/access the The Khatu Mart Platform. However, if you are a minor, i.e. under the age of 18 years, you may use/access the The Khatu Mart Platform under the supervision of an adult parent or legal guardian “competent to contract” who agrees to be bound by these Terms. You are however prohibited (even under supervision) from purchasing any product(s) which is for adult consumption or the sale of which to minors is prohibited, including any tobacco products.

The Khatu Mart Platform is intended to be a platform for end-consumers desirous of purchasing product(s)/availing services for domestic / self-consumption. If you are a retailer, institution, wholesaler or any other business to business user, you are not eligible to use the The Khatu Mart Platform.

In order to determine compliance with eligibility criteria, The Khatu Mart uses inter alia algorithms and/or pre-determined criteria-based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine user of the The Khatu Mart Platform, please contact us for assistance.

If you are using the The Khatu Mart Platform on behalf of any person/ entity, you represent and warrant that you are authorized to accept these Terms on behalf of such person/ entity. Further, you and such person/ entity agree to be jointly and severally liable for compliance and indemnify us for violations of these Terms.

Account & Registration Obligations

All users must register and log in for placing orders on the The Khatu Mart Platform. You must keep your account and registration details current and correct for all communications related to your purchases from the The Khatu Mart Platform. By agreeing to the Terms, you agree to receive promotional, transactional or other communications, and newsletters from The Khatu Mart and its group companies/ affiliates. You can opt out from such communications and/or newsletters by using the opt out options as available in such communications. You can also change your notification preferences as available in your profile section of The Khatu Mart Platform.

When you access and use the The Khatu Mart Platform, The Khatu Mart may collect your personally identifiable information, including but not limited to name, email address, age, address, mobile phone number, and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) preferences and information about the pages on the The Khatu Mart Platform you visit/access, the links you click on the The Khatu Mart Platform, the number of times you access a particular page/feature. We may also collect information pertaining to the transactions you undertake on the The Khatu Mart Platform including financial information, and any other such information as may be required to provide you with services and to administer the The Khatu Mart Platform. Personal data and identifiable Information so collected will be subject to The Khatu Mart’s Privacy Policy.

By registering your mobile number with us, you provide your consent to be contacted by us or through a third party service provider via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery or customer support related updates or for other correspondence as may be required in due course of provision of our Services.

Limited Licence & Access

Subject to the provisions set out in these Terms, The Khatu Mart grants you a personal, limited, non-exclusive, non-transferable and revocable license to access (for personal use only) the The Khatu Mart Platform and avail the Services, only as expressly permitted in these Terms in a lawful manner. Provided that you shall not download (other than page caching) or modify any portion thereof, except with express prior written consent of The Khatu Mart. Such limited license does not include/permit any resale or commercial use of the The Khatu Mart Platform or its contents; any collection, use or derivative use of the The Khatu Mart Platform, its contents, any product listings, descriptions, or prices; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools.

You hereby agree and undertake not to use, host, display, upload, modify, publish, transmit, update or share any information/ content/ Comments/ message/ language/ document (including pursuant to gifting services/ printing services/ orders to be delivered to someone else-third party recipients/ messages to be delivered along with the order) (whether in writing or otherwise while communicating on the The Khatu Mart Platform including but not limited to communicating with our support agents or delivery partners/ service providers, through any medium) which (“Prohibited Conduct”):

  • Are in violation of these Terms.
  • Belongs to another person and to which you do not have any right or full rights;
  • Is harmful, threatening, abusive, indecent, discriminatory, tortious, vulgar, profane, harassing, blasphemous, defamatory, problematic, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise offensive, objectionable, menacing, inappropriate or unlawful in any manner whatever;
  • Contains material that violates the standards of the Services;
  • Accuses others of illegal activity, or describes physical confrontations;
  • Attempts to impersonate another person or entity;
  • Disguises or attempts to disguise the origin of your messages, content, including but not limited to by: (a) submitting your content under a false name or false pretences; or (b) disguising or attempting to disguise the IP address from which your content is submitted;
  • Harms minors in any way;
  • Infringes any patent, trademark, copyright or another proprietary/intellectual property right;
  • Violates any applicable law and/ or may result in a civil/ criminal liability;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  • Is misleading or known to be false in any way; and/ or
  • Constitutes an inauthentic or knowingly erroneous review;
  • Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
  • Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials.
  • Asserts or implies that Comments are in any way sponsored or endorsed by Us;
  • Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
  • Hacks or accesses without permission our proprietary or confidential records, records of another User(s), or those of anyone else;
  • Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
  • Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
  • Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
  • Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
  • Collects, discloses, accesses, or stores personal information about other persons/ Customers of the Services;
  • Is posted by a bot;
  • Attempts to do any of the foregoing.

You acknowledge that The Khatu Mart has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

Any and all liability arising out of or relating to violation of these Terms including in relation to the aforesaid information/ content/ message is your sole and absolute responsibility, and not of The Khatu Mart.

The Khatu Mart Platform or any portion of the The Khatu Mart Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of The Khatu Mart.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the The Khatu Mart Platform or of The Khatu Mart and/or its group companies/ affiliates without the express prior written consent of The Khatu Mart.

You may not use any meta tags or any other “hidden text” utilizing The Khatu Mart’s name or trademarks without the express prior written consent of The Khatu Mart.

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

Any unauthorized use shall automatically terminate the permission or license granted by The Khatu Mart determined at The Khatu Mart’s sole discretion.

 

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