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 domain name [www.Umekart.com](“Website”).

The Platform is owned by Umekart Internet Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Q-53 Fatema Market, Garden Reach Road, Metiabruz, Kolkata-700024, West Bengal, INDIA. (hereinafter referred to as “Umekart”).

Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If you transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Umekart Internet Private Limited and these terms and conditions including the policies constitute your binding obligations, with Umekart.

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 Umekart Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Your Account and Registration Obligations

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Platform 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 Platform through a onetime password verification.

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

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there from.

 Use of the Platform

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

  1. 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 Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform 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 Platform. Throughout this Terms of Use, Umekart’s prior written consent means a communication coming from Umekart’s 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;

(q) interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;

(r) refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(x) shall not be false, inaccurate or misleading;

Privacy Policy

For more information about Privacy Policy Click the Link.

https://umekart.com/privacy-policy-2/

Payment

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

Profanity Policy

Umekart prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

  • Report offensive Display Names
  • Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

Umekart will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.

Violations of this policy may result in a range of actions, including:

  1. Limits placed on account privileges;
  2. Loss of special status;
  3. Account suspension.

Umekart shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Umekart is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Umekart shall have the right to delete the customer review. Umekart shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.