On using this website (“Website” or “Site”) you are deemed to have read and agreed
to the terms of use (“Terms”) contained here in and any amendments, modifications
or changes made from time to time. You may not use the services, if you do not agree
to the Terms.
1. SERVICE
1.1. This Website is created and controlled by Peoplecart Private Limited. Peoplecart
owns and controls following domain name: www.Peoplecart.com, among
others.
1.2. By accessing, browsing, submitting information, participating in Site offerings,
or otherwise using this Website or services through your end user account/ID, you
confirm and acknowledge that you are of legal age to enter into binding contracts
and have full power, capacity and authority to accept these Terms, and after having
read and understood these Terms, you agree to be bound by them and to comply with
all applicable laws and regulations, regardless of how you subscribe to or use the
services. If you do not wish to agree to these Terms, or you do not wish to agree
to any additional / modified Terms, then, You must not subscribe to or use our services
and refrain from using the Site. If you are accepting on behalf of any third party,
you represent that you have full legal authority to bind such third partyto these
Terms. If you don't have the legal authority to be bound by these Terms and conditions,
you shall forthwith withdraw your access to the Website and rescind this agreement.
Only duly authorized person from your entity shall consent to and accept these Terms.
1.3. Peoplecart may, at its discretion, modify and / or add additional terms and
conditions from time to time keeping in view the evolving business and trade practices,
business requirements of Peoplecart, changes in law, changes in industry and trade
practices and for such other reasons as it may deem fit and proper. Any such additions
/ modifications shall become part of the Terms enforceable between the parties hereto
and you agree to be bound by such additional / modified Terms. It is deemed and
you agree that you accept all such changes and agree to be bound by the same. Unless
otherwise agreed in writing with Peoplecart, these Terms shall govern your use of
our services.
1.4. You agree that in case of doubt as regards the interpretation or intent of
any of the provision of these Terms, you will not presume but seek clarification/confirmation
from Peoplecart and shall abide by the response/information provided by Peoplecart.
In the event of any dispute, doubt or divergence of opinion regarding any provision
of the Terms, the decision of Peoplecart shall be final and prevail.
1.5.In these Terms, references to “you”, “your”, “user” shall mean both the Administrator
/ official user (of this Group) and the end users accessing the website, its contents
and using the services offered through the Website; and “we”, “us” and “our” shall
mean Peoplecart Private Limited and its affiliates.
1.6. You and Peoplecart may be referred to throughout these Terms individually as
a “Party” and collectively as the “Parties”.
2. PERMITTED USES
2.1. All materials appearing on this Site, including Site design, text, graphics,
icons interfaces, and the selection, assembly and arrangements are owned or licensed
by Peoplecart. Users are not permitted to use web crawlers or other types of software
or hardware technology to automatically download large amounts of materials from
the Peoplecart Site. Elements of the Website are also protected by trademark, copyright,
trade dress and other laws and may not be imitated in whole or in part on other
web sites.
2.2. Peoplecart believes that some of the information on this Website as well as
underlying business model has high commercial value and any use of the same or replication
of the same without consulting us and without our prior consent shall be treated
as loss of business for us and accordingly recovered from you, in case you use the
Website for pursuing your own business/commercial interests. User shall not use
or reproduce any content obtained from the services offered on the Website for or
in connection with any other listing service or device.
2.3. No content from this Site may be copied, modified, reproduced, republished,
uploaded, transmitted, posted or distributed in any form without prior written permission
from Peoplecart.Post such permission, you may copy material in limited quantities
from this Website for your personal non-commercial use provided that our copyright
notice is affixed to the copied material. Any other use of materials on this Site,
including but not limited to, reproduction for purposes other than those noted on
our Site, modification, transmission, display, distribution or republication, without
the prior written permission of Peoplecart is strictly prohibited.
2.4. If you are not authorized to use this Site, but have obtained access to information
on this Site, you agree to immediately terminate such access and inform us.
3. INTELLECTUAL PROPERTY (“IP”) RIGHTS
3.1. Peoplecart IP: Unless otherwise indicated or anything contained to the contrary
or any proprietary material owned by a third party and so expressly mentioned, you
acknowledges that Peoplecart owns all right, title, and interest, including all
intellectual property rights, in the Peoplecart Website, trade name, logos, trademarks,
and service marks, and any content, data, software, technology, tools, or business
methods used by it to develop, promote, market, sell, generate, or distribute offers,
products and services and otherwise perform under these Terms (collectively the
“Peoplecart IP ”).Except as expressly set forth in these Terms, you have no right,
license, title or interest in or to any Peoplecart IP, and shall not use, distribute,
transfer, copy, download, display, modify, perform or create derivative works of
the Peoplecart IP without the express written consent of Peoplecart. You shall not
translate, reverse engineer, decompile or disassemble the Peoplecart IP. Peoplecart
has the right to revoke the rights set forth in this Section, without assigning
any reason or notifying you. All rights not specifically granted herein are reserved.
Unauthorized use of the contents appearing on this Site may violate copyright, trademark
and other applicable laws, and could result in criminal or civil penalties.
3.2. Notwithstanding the foregoing, it is expressly clarified that you will retain
ownership and shall solely be responsible for any content that you provide or upload
when using the Website or any service thereof, including any text, data, information,
images, photographs, music, sound, video or any other material which you may upload,
transmit or store when making use of our various service (“User Content”). However,
when you upload and/or post any content on the Website for public viewing and reproduction/use
of your content by third party users, you hereby accept to grant a worldwide, royalty
free and non-exclusive license for the use of the same by Peoplecart and other users.
Peoplecart treats User Content as non-confidential and non-proprietary matter and
can use it for all lawful purposes, without disclosing the identity of the user,
unless required by law to do so.
3.3. This Site may contain areas where you may post and share comments with other
Site users on a variety of subjects. You agree that you will not use, post, upload
or display any objectionable content (including without limitation, content that
evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities)
or images or content or obscene communications or material of any kind, or materials
which infringe or violate any third party’s intellectual property, privacy or celebrity
rights of any person or entity or that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable law or regulation. You
agree to hold harmless Peoplecart or its affiliates from all claims from third parties
based upon communications made or materials posted by you or upon your use of this
Site.
4. LINKS TO THIRD PARTY SITES
4.1. This website may contain links to other sites or automatically produce search
results that refer or link to other sites. Clicking on such a link to a third party
site will cause you to leave Peoplecart's Site. Peoplecart does not control or endorse
the linked third party sites and are not responsible for the contents of any linked
third party site, any link contained in a linked third party site, or any changes
or updates to such third party sites. Peoplecart does not guarantee, represent or
warrant that the content of these sites is accurate, legal, inoffensive, or free
from viruses or other features that may adversely affect your computer. These links
are provided to you only as a convenience and are governed by terms and conditions
of the particular third party site to which you are linked. By using Peoplecart's
Website to search for or link to another site, you do so at your own risk and agree
and understand that you may not make any claim against us for any resulting damages
or losses.
5. ANTI SPAM
5.1. Peoplecart has a zero tolerance spam policy. We provide a facility that enables
users to send [email messages / private messages] to others. Users must not use
this facility to send unsolicited, bulk or indiscriminate messages, whether or not
for commercial purposes. Violations of these Terms or this spam policy may result
in legal action against you and the termination, without notice, of your Peoplecart
end user account/ID and/or anything associated with it, including, but not limited
to your earnings and network.
5.2. Users may post reviews, comments, and other content: and submit suggestions,
ideas, comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable and does
not consist of or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of “spam.”
6. INDEMNITY
6.1. You agree to hold harmless and indemnify Peoplecart, and its subsidiaries,
affiliates, officers, agents, and people in your Society/Group, advertisers or partners,
from and against any third party claim arising from or in any way related to your
use of Peoplecart services, violation of these Terms or any other actions connected
with use of Peoplecart services, including any liability or expense arising from
all claims, losses, damages (actual and consequential), suits, judgments, litigation
costs and attorney's fees, of every kind and nature. In such a case, Peoplecart
will provide you with written notice of such claim, suit or action.
7. DISCLAIMER OF WARRANTIES
7.1. You expressly understand and agree that:
a) Your use of Peoplecart Site or services provided thereof is at your sole risk.
b) Peoplecart services are provided on an “as is” and “as available” basis.
c) Peoplecart expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
7.2. Peoplecart makes no warranty that (i) Peoplecart services will meet your requirements,
(ii) Peoplecart services will be uninterrupted, timely, secure, or error-free, (iii)
the results that may be obtained from the use of Peoplecart Site will be accurate
or reliable, (iv) the quality of any products, services, information, or other material
available on the Website or purchased or obtained by you through Peoplecart services
will meet your expectations, and (v) any errors in the content or material will
be corrected.
7.3. Any material downloaded or otherwise obtained through the use of Peoplecart
services is done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the download
of any such material.
7.4. No advice or information, whether oral or written, obtained by you from Peoplecart
or through or from Peoplecart services shall create any warranty not expressly stated
in the Terms.
8. LIMITATION OF LIABILITY
8.1.You expressly understand and agree that Peoplecart shall not be liable for any
direct, indirect, punitive, incidental, special, consequential damages or any other
damages resulting from: (a) the use or the inability to use the services; (b) unauthorized
access to or alteration of the user's transmissions or data; (c) any other matter
relating to the services; including, without limitation, damages for loss of use,
data or profits, arising out of or in any way connected with the use or performance
of the Website or service. Peoplecart shall not be responsible for the delay or
inability to use the Website or related services, the provision of or failure to
provide services, or for any information, software, products, services and related
graphics obtained through the Website, or otherwise arising out of the use of the
Website, whether based on contract, tort, negligence, strict liability or otherwise.
Further, Peoplecart shall not be held responsible for non-availability of the Website
during periodic maintenance operations or any unplanned suspension of access to
the Website that may occur due to technical reasons or for any reason beyond Peoplecart's
control. The user understands and agrees that any material and/or data downloaded
or otherwise obtained through the website is done entirely at their own discretion
and risk and they will be solely responsible for any damage to their computer systems
or loss of data that results from the download of such material and/or data.
8.2. We shall not be liable for any default or delay in the performance of our obligations
under these Terms due to acts of God, terrorism, natural disasters, earthquakes,
fire, riots, floods, explosions, strikes, lock-outs and other industrial disputes,
breakdown of systems or network access and other similar events, to the extent such
event is beyond our reasonable control and only for the duration of such event.
8.3 Neither you nor Peoplecart is liable to other for indirect or consequential
or loss of business damages. In any situation and eventuality, total direct liability
of Peoplecart private limited cannot be more than the outstanding fee received by
us.
9. PRIVACY POLICY & CONDUCT
9.1. Peoplecart is committed to ensuring that your privacy is protected. Should
we ask you to provide certain information that can identify you when using this
Website, you can be assured that it will only be used in accordance with this privacy
policy.
9.2. Subject to applicable laws and in accordance with Peoplecart’s policies and
procedures, Peoplecart shall provide your account information to its merchants/retail
partners or other third parties solely to the extent necessary for them to redeem
and/or verify and deliver the orders placed by you or to provide you services on
or through the Website.
9.3. By using this Site and/or services offered by Peoplecart, you acknowledge and
agree that Peoplecart may access, preserve, and disclose your personal information
and any content associated with that account if required to do so by law or in a
good faith belief that such access, preservation or disclosure is reasonably necessary
to: (a) satisfy any applicable law, regulation, legal process or governmental request,
(b) enforce these Terms, including investigation of potential violations hereof,
(c) detect, prevent, or otherwise address fraud, security or technical issues (including,
without limitation, the filtering of spam), (d) respond to support requests, or
(e) protect the rights, property or safety of Peoplecart, its users, partners, and
the public. Peoplecart will not be responsible or liable for the exercise or non-exercise
of its rights under these Terms.
9.4. You understand that the technical processing and transmission of Peoplecart
services, including your data or content, may involve (a) transmissions over various
networks, national and international; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
9.5. IP addresses and cookies: We may collect information about your computer, including
where available your IP address, operating system and browser type, for system administration
and to report aggregate information to our business partners. This is statistical
data about our user's browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage
by using a cookie file which is stored on the hard drive of your computer. Cookies
contain information that is transferred to your computer's hard drive. Cookies help
us to improve our Site and to deliver a better and more personalized service. They
enable us:
a) to estimate our audience size and usage pattern;
b) to store information about your preferences, and so allow us to customize our
Site according to your individual interests;
c) to speed up your searches; and
d) to recognize you when you return to our Site.
You may refuse to accept cookies by activating the setting on your browser which
allows you to refuse the setting of cookies. However, if you select this setting
(disabling cookies) you may be unable to access certain parts of our Site. Unless
you have adjusted your browser setting so that it will refuse cookies, our system
will issue cookies when you log on to our Site.
9.6. Conduct: You agree that you (i) are responsible for your own actions, conduct,
communications or content while using Peoplecart Website, and for any consequences
thereof, and (ii) will comply with all applicable local, state, national and international
laws and regulations that relate to your use of or activities on this Site. You
agree to use Peoplecart services only for purposes that are legal, proper and in
accordance with these Terms and any applicable policies or guidelines. By way of
example, and not as a limitation, you agree that when using Peoplecart services,
you will not:
a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
b)host, display, upload, modify, publish, post, share, email or transmit or otherwise
make available:
i. any content that belongs to another person and to which the user does not have
any right;
ii. any content that infringes any patent, trademark, copyright, trade secret or
other proprietary right of any entity, unless you are the owner of such rights or
have the permission of the owner to post such content;
iii. messages that promote pyramid schemes, chain letters or disruptive commercial
messages or advertisements, or anything else prohibited by law, these Terms or any
applicable policies or guidelines;
iv. any content that is grossly harmful, inappropriate, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, infringing, relating
or encouraging money laundering or gambling, or otherwise unlawful in any manner
whatsoever;
v. any content that harms minors in any way;
vi. any content that deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or menacing
in nature;
vii. any content that 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 cognisable offence or prevents investigation of any offence
or is insulting any other nation;
c) download any file posted by another that you know, or reasonably should know,
that cannot be legally distributed in such manner;
d) impersonate another person or entity, or falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of the origin
or source of software or other material;
e) restrict or inhibit any other user from using and enjoying Peoplecart services;
f) use Peoplecart services for any illegal or unauthorized purpose;
g) remove any copyright, trademark or other proprietary rights notices contained
in or on Peoplecart Website or services provided thereof;
h) interfere with or disrupt Peoplecart services or servers or networks connected
to Peoplecart services, or disobey any requirements, procedures, policies or regulations
of networks connected to Peoplecart services;
i) use any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of Peoplecart services or collect information about
users for any unauthorized purpose;
j) submit content that falsely expresses or implies that such content is sponsored
or endorsed by Peoplecart; k) create accounts by automated means or under false
or fraudulent pretences;
k) attempt to gain unauthorized access to any portion or feature of the Site, or
any other systems or networks connected to the Site or to any Peoplecart server,
or to any of the services offered on or through the Site, by hacking, password “mining”
or any other illegitimate means;
l) promote or provide instructional information about illegal activities or promote
physical harm or injury against any group or individual; or
m) transmit any viruses, worms, defects, trojan horses, or any items of a destructive
nature.
n) transmit any viruses, worms, defects, trojan horses, or any items of a destructive
nature. While Peoplecart prohibits such conduct and content in connection with Peoplecart
website or services provided thereof, you understand and agree that Peoplecart may
or may not pre-screen content and shall have the right (but not the obligation)
in its sole discretion to pre-screen, refuse or remove any content submitted to
user account/ID.
9.7. We reserve the following rights:
a) To block, suspend or terminate your access to this Site at any time without giving
notice or a reason for such suspension or termination, for breach of these Terms
or if we have reason to believe that the security of the Site has been compromised
or is otherwise threatened.
b) To amend, change, modify, alter or discontinue all or any portion of this Site
or any function made available at any time without prior notice;
c) To correct any errors, inaccuracies or omissions that may have occurred and to
change or update the content at any time, without prior notice.
9.8. Email and/ or SMS:
a) You hereby permit Peoplecart to send you communications, whether or not you have
registered your details with the Do-Not-Disturb Registry, via email and/or SMS
i. of any updates, upgrades, notices, or any other information that Peoplecart deems
important for its users to know, relating to its products and/or services, and
ii. other appropriate and/or contextual promotional email and/or SMS related to
transactions and/ or based on the user demographics, traffic usage, etc.
b) Further, Peoplecart shall not be liable for any loss, damage or liability you
shall suffer, on receipt of such email and/ or SMS, including but not limited to,
due to error in transmission, virus, worm, malware, trojan, harmful components,
etc.
9.9. Use of logos and trademarks
a) Both parties of this understanding can use their logos and trademarks for the
purpose of client statements and general business communication. Neither party can
use other parties names, logos, trademarks in the context of partnership, joint
initiatives, investments, unless covered under a separate written communication
or legal agreement.
10. PURCHASES & REFUNDS
10.1. Order Cancellation
If you wish to cancel your order, you can cancel it, within 24 hours after placing
your order through “My Purchases Summary” tab of your Peoplecart control panel.
This can be done or allowed only if your order is already not processed and paid
for towards Merchant account. Order status is at discretion of Peoplecart. However,
if at any point of processing or delivery of your order, we identify that order
placed is not adhering to our Terms of Service; we have the discretion to cancel
your order. In this case, we would notify you through mail or call
10.2. Delivery of Order
The estimate delivery time is given on every deal page. It might differ from one
product/ consignment to another. We will try our best to deliver your order within
the specified time period. However, there might be delays due to unforeseeable reasons.
Under such circumstances, Peoplecart shall not be held responsible. Peoplecart will
also not be responsible for delivery at wrong address (es) or delay in delivery
due to wrong or change of address, if the address specified at the time of ordering
is incorrect, inappropriate or has been changed.
10.3. Returns and Refunds
In case if you recieve any product in a damaged/broken condition, please contact
our customer service at CONTACT US link at the top of Peoplecart page within 24
hours of receipt. You can also contact our helpline numbers. The picture of the
damaged product/ deficit service should be mailed (depending on the product/ service)
on contactus@Peoplecart.com The return/ refund solution will depend on the product
and will differ from case to case. Refund/ Return requests shall be processed only
after verifying the authenticity and the nature of the complaint.
In case of refunds, credit will be made to your Peoplecart account as credits after
necessary deductions.
In the following instances (not exhaustive list), the product/ service is NOT eligible
for return, replacement or exchange:
1. E-vouchers, Peoplecart credits once issued are non-refundable
2. Damages due to misuse, any damage / defect which are not covered under the manufacturer's
warranty
3. Products that are downloadable or personal – such as Digital products and services
(music downloads etc), Innerwear, lingerie, socks and clothing freebies
4. Free/ discounted products or services that are offered by us or our retail partners
5.Any consumable item / service which has been already used or installed
6. Any product that is returned without all original packaging and accessories,
including the box, manufacturer's packaging if any, and all other items originally
included with the product(s) delivered, Products with tampered or missing serial
/ UPC numbers
11. MISCELLANEOUS
11.1. Entire Agreement: These Terms constitute the entire agreement between you
and Peoplecart and govern your use of Website and/or services offered by Peoplecart
and supersede any prior agreements between you and Peoplecart in this regard. You
also may be subject to additional terms and conditions that may apply when you use
or purchase certain other Peoplecart services, affiliate services or third-party
content, product or services. Nothing said by any sales person or any other person
on our behalf should be understood as variation of these terms and conditions or
as an authorized representation about the nature or quality of any products/ services
offered for sale on our Website. We shall have no liability for any such representation
being untrue or misleading.
11.2. Assignment: You may not assign or transfer any of your rights, or delegate
any of your obligations, under these Terms without obtaining Peoplecart’s prior
written consent. Any attempt to do so shall be void and unenforceable.
11.3. Relationship of the Parties: The Parties are independent contractors. Nothing
in these Terms shall be deemed or construed by the Parties hereto, nor by any third
party, as creating a joint venture, partnership, franchise, or an agency relationship
between the Parties. Neither Party has the authority, without the other Party's
prior written approval, to bind or to make any commitment for and/or on behalf of
other Party in any way.
11.4. Notices: All notices, demands or communications under these Terms shall be
in writing and shall be personally delivered or sent by certified mail, return receipt
required and postage prepaid to us at Peoplecart Private Limited, Address: Third
Floor, Plot No. 108, Survey No.55, Lumbini SocietyOff Hitech City/ Raheja Circle
towards Old Mumbai Highway, Next to Euro School, Gachibowli, Ranga Reddy District,
Hyderabad-500032, Ph: 040-64544458, E-Mail ID: contactus@Peoplecart.com, Website
: https://www.Peoplecart.com. Notwithstanding the foregoing, Peoplecart may give
notice to the user by sending an email to any of the email addresses registered
with Peoplecart.
11.5. No Third Party Beneficiaries: You agree that, except as otherwise expressly
provided in these Terms, there shall be no third party beneficiaries to these Terms.
11.6. Choice of Law and Forum: These Terms and the relationship between the Parties
shall be governed by and construed in accordance with the laws of India without
regard to its conflict of law provisions. Parties agree to submit to the personal
and exclusive jurisdiction of the courts in Hyderabad.
11.7. Waiver and Severability of Terms: The failure of Peoplecart to exercise or
enforce any right or provision of the Terms shall not constitute a waiver of such
right or provision. If any provision of the Terms is found by a court of competent
jurisdiction to be invalid, the Parties nevertheless agree that the court should
endeavor to give effect to the Parties' intentions as reflected in the provision,
and the other provisions of the Terms shall remain in full force and effect.
11.8. The Section headings in the Terms are for convenience only and have no legal
or contractual effect. In these Terms, unless the context otherwise requires, the
singular includes the plural and vice versa.
12. CONTACT US
12.1. If there are any questions regarding this Terms & Conditions of use of this
website and its services, you may contact us at the coordinates below:
VM Works Private Limited.
Third Floor, Plot No. 108, Survey No.55,
Lumbini Society Off Hitech City/ Raheja Circle towards Old Mumbai Highway, Next
to Euro School
Gachibowli, Ranga Reddy District. Hyderabad – 500032
Ph: 040-64544458 , E-Mail ID: contactus@Peoplecart.com
Website
www.Peoplecart.com
©2019 VM Works Private Limited. All rights reserved.