Terms and Conditions

Welcome to iKARTit.com, A J S Retail Private Limited venture. The terms and conditions contained herein along with the Privacy Policy form an agreement regulating our relationship with regard to the use of iKARTit.com for shopping by you, the user. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use the Services. You can use the iKARTit.com Services if you are agreeable to all the terms and conditions of this Agreement in their entirety. By clicking at the space provide for on the iKARTit.com website, you will be deemed to have accepted this Agreement and it will be a legally binding Agreement between you and J S Retail Private Limited (for iKARTit.com).

Applicable Law | Definitions | Eligibility | Terms of Agreement | Modifications of Terms | Registration Data | Electronic Data | Online Shopping Platform | Fraudulent Transactions | Confirmation | Suspension | Indemnity | Privacy Policy | Disclaimer | Entire Agreement | Governing Law | Trademark | Copyright



Applicable Law:
This site is created and controlled by iKARTit.com in Pune, India; as such the laws of India shall apply; courts in Pune shall have jurisdiction in respect of all the terms, conditions and disclaimers. iKARTit.com reserves the right to make changes to the site and the terms, conditions and disclaimers.

Definitions:
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, disclaimers, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.

"iKARTit.com"/ "Site" means the online shopping platform owned and operated by J S Retail Private Limited , which provides a venue to the users of iKARTit.com to buy and personalize the products listed on iKARTit.com.

"Merchant Partner"/"Vendor" shall mean the person or any legal entity whose products are offered for sale on iKARTit.com.

"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on iKARTit.com by placing an order for and or purchases any products offered for sale on iKARTit.com.

"User"/ "You" means and includes you and/or any person or an entity including Vendor using or accessing the services provided on this Site.


Eligibility:
You represent and warrant that You are competent and eligible to enter into legally binding agreement and have the requisite authority to bind J S Retail Private Limited, to this Agreement. You shall not use this Site if You are not competent to contract under the applicable laws, rules and regulations.

Term of Agreement/Service:
This Agreement shall continue to be in full force and effect for so long as You are using the iKARTit.com services. iKARTit.com provides the online shopping platform wherein the Users can purchase/buy the products listed on iKARTit.com (the "Services") pursuant to the terms and conditions set forth below. By clicking on the [Close] button, You agree to use the Services in a manner consistent with the terms hereof and also agree abide by the terms and conditions of this Agreement, including but not limited to the privacy policy, and with all applicable laws and regulations. Either You or iKARTit.com may terminate the service at any time, with or without cause. However, iKARTit.com reserves the right, in its sole discretion, to terminate Your access to the iKARTit.com services and the related services or any portion thereof at any time, without notices


Modification of Terms and conditions of Service:
iKARTit.com may at any time modify the terms and conditions ("Terms") of the Services without any prior notification to You. You can access the latest version of the Terms, which shall be updated regularly on our website. You undertake to regularly review the Terms. In the event that the modified Terms are not acceptable to You, You shall immediately discontinue using the Services. However, if You continue to use the Services, You hereby agree to accept and be bound by the modified Terms.


Registration Data:
To avail of and use the Services, You have the option to register with iKARTit.com. If You do choose to register, as a part of registration process, You agree to provide iKARTit.com current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

If You provide any information that is untrue, inaccurate not current or incomplete or iKARTit.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iKARTit.com has the right to indefinitely suspend or terminate Your membership and refuse to provide You with access to iKARTit.com.

You shall be responsible for maintaining the confidentiality of Your password, which You will not be under an obligation to reveal to any representative or agent of iKARTit.com.

You agree and understand that iKARTit.com Services are supported by advertisements and therefore You grant iKARTit.com the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, You agree and grant iKARTit.com the right to use Your individual Registration Data to provide for targeting of advertisements and other service offers to You.

You shall notify to our customer support department of any known or suspected unauthorized use(s) of Your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password.


Electronic Communication:
You consent to receiving communications from iKARTit.com electronically. iKARTit.com will communicate with Users by email or by posting notices on the Site. These communications will be event based and are required to deliver the services to you – password reminders, registration confirmations, order information, renewal notices, reminders, membership updates, etc. Additional communication, in the form of newsletters and special promotions, may be sent electronically to You, but You will have the option to unsubscribe from these emails permanently.


Online Shopping Platform :
You agree, understand and acknowledge that iKARTit.com is an online shopping platform, a venue enabling the Users to buy any product listed on iKARTit.com at the price indicated in connection with the product in question and/or any other terms and conditions indicated therein at any time from any place. You further agree and acknowledge that iKARTit.com personalization service is a value-added service that maintains the Vendors original warranty and will to it’s best effort match the personalization through engraving or other means as displayed on the site, but that iKARTit.com will not be held responsible for minor differences between the personalization image on the site and the actual personalized product due to differences in material and external factors.

iKARTit.com shall neither be liable nor responsible for any actions or inactions of Vendors or any breach of conditions, representations or warranties by the Vendors or manufacturers of the products, including but not limited to adherence to intellectual property laws in relation to such products. iKARTit.com has a policy that once it receives any notice from a person or entity claiming that its intellectual property rights are being infringed by the sale and / or offer for sale of any products on the Site, supported by proof of ownership of the intellectual property rights by the person or entity sending such notice, iKARTit.com shall forthwith block access to offer for sale of the said products and/or sale of such products on the Site.

You further agree and undertake that You are accessing the services available on this Site and transacting at Your sole risk and are using Your best and prudent judgment before entering into any transaction through this Site.

iKARTit.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

iKARTit.com is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users and / or Users and Vendors.

All orders shall be pre-approved with an acceptable method of payment as available through payment service providers connected with iKARTit.com, which may call for and require additional verification or information.

The address at which delivery of the product ordered by You is to be made should be correct and proper in all respects.

After the receipt of payment from the Buyer, iKARTit.com or the Vendor (as the case may be) shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.

Any and all orders placed by You on this Site are a firm commitment to purchase and You are obligated to complete the transaction and not contest it in anyway.

Before placing an order You are advised to check the product description carefully. By placing an order for a product You agree to be bound by the conditions of sale included in the item's description.


Credit card details:
You agree, understand and confirm that the credit card details provided by You for availing of services on iKARTit.com will be correct and accurate and You shall not use the credit card which is not lawfully owned by You. You further agree and undertake to provide the correct and valid credit card details to iKARTit.com. Further the said information will be not be utilized and shared by iKARTit.com with any of the third parties unless required by law, regulation or court order.


Fraudulent /Declined Transactions:
iKARTit.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. iKARTit.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.


Confirmation:
You understand, declare and agree that:

• iKARTit.com shall not and is not required to mediate or resolve any dispute or disagreement between You and the Vendor.

• You release and indemnify iKARTit.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of Your actions and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, iKARTit.com cannot control the information provided by other Users which is made available on the Site.


Suspension due to non-compliance with Agreement:
Notwithstanding other legal remedies that may be available to iKARTit.com, iKARTit.com may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:

• If the User is in breach any of the terms and conditions of this Agreement and/or the Terms of usage of iKARTit.com;
• If the User has provided wrong, inaccurate, incomplete or incorrect information;
• If Your actions may cause any harm, damage or loss to the other Users or iKARTit.com.

Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the iKARTit.com Site and / or selling or offering for sale, products or services that infringe third party rights will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.


Indemnity:
User agrees to defend, indemnify and hold harmless iKARTit.com, J S Retail Private Limited, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of User’s obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

This clause shall survive the expiry or termination of this Agreement.


Privacy Policy:
Use of this site is subject to iKARTit.com privacy policy iKARTit.com respects your privacy. iKARTit.com will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

iKARTit.com reserves the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this site.


Disclaimer:
The information about the products published on iKARTit.com site are provided by iKARTit.com on the basis of the information received from the product manufacturers and vendors and are on an "as is where is" basis. iKARTit.com makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, iKARTit.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. iKARTit.com will not be liable for any damages of any kind arising from the use of this site or any of the products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. iKARTit.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final personalized Product as ordered by the user.

iKARTit.com expressly disclaims any warranties whether express or implied about the suitability, reliability, availability, timeliness, quality, conitunity, performance, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the iKARTit.com sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. iKARTit.com hereby disclaims all warranties and conditions with regard to this service, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

User specifically agrees that iKARTit.com shall not be responsible for unauthorized access to or alteration of user’s transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an iKARTit.com site/service. users specifically agree that iKARTit.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. Users specifically agree that iKARTit.com is not responsible for any content sent using and/or included in a iKARTit.com site/service by any third party.

Advice received via the iKARTit.com sites/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.


Entire Agreement:
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the User and iKARTit.com with respect to the iKARTit.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and iKARTit.com with respect to the iKARTit.com sites/services. iKARTit.com's failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches.


Governing Law and Jurisdiction:
This agreement is governed and construed in accordance with the Laws of the Republic of India. User hereby irrevocably consents to the exclusive jurisdiction of courts in Pune, Maharashtra, India, in all disputes arising out of or relating to the use of the iKARTit.com sites/services. Use of the iKARTit.com sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. User agrees to indemnify and hold iKARTit.com, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of User’s use of or conduct on the iKARTit.com sites/services.

iKARTit.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of iKARTit.com's right to comply with governmental, court and law enforcement requests or requirements relating to User’s use of the iKARTit.com sites/services or information provided to or gathered by iKARTit.com with respect to such use.


Trademarks:
iKARTit.com and / or any other such expression that contains the word "iKARTit.com" or "iKARTit" are the worldwide trademarks of J S Retail Private Limited.

These trademarks may not be used in connection with any product or service that is not owned by iKARTit.com and / or a subsidary of iKARTit.com and/or J S Retail Private Limited.


Copyright:
The content on the website, including any artistic work that forms the background of the website iKARTit.com are owned by iKARTit.com and the reproduction, distribution, display, linking to, communication to the public, or adaptation in any manner, of the said copyrighted works is prohibited.