This Principal Terms and Conditions of Use of Shopping Platform-Earthencart.com

1.    Parties to Agreement:

a.    Earthencart, a registered Trade Name (applied for) of Earthencart Retail LLP, a Limited Liability Partnership having its office at 802, Nilamber Triumph, Gotri Bhayli Road, Ashwamegh Nagar, Saiyad Vasna, Vadodara GJ 390007 INDIA and through its duly authorized by partners of Earthencart to enter in to present Principal Terms and Conditions of the First Part hereinafter also referred interchangeable as “Earthencart” or www.EARTHENCART.com or “Earthencart Shopping Platform” which expression shall mean and include his/her/its successors in title, administrators and assignees. Further Earthencart is owner and operator of E-Commerce “Earthencart Shopping Platform” by the URL/name of www.EARTHENCART.com   wherein various products of different nature are marketed and sold using electronic medium more particularly through the e-commerce domain and the parties hereto have after mutual understanding have come to Principal Terms and Conditions which include its Schedules that the products of the Seller’s will be marketed by Earthencart on their ecommerce store collectively called “Earthencart Shopping Platform;

And

b.    “User” an individual, proprietor,/partnership firm duly registered under provisions of Partnership Act, 1932/ a company incorporated under the provisions of Companies Act, 1956 having his / her / its permanent and or temporary address /registered office at “Address” as specified in the “User Profile” (acting through Individual, duly authorized to enter in to present Principal Terms and Conditions by partners / board of directors ) (hereinafter referred to as “the User” which expression shall mean and include his/her/its successors in title, administrators and assigns) of the Second Part

c.    The User for the purpose of these Principal Terms and Conditions shall also mean and include the individual or business or “viewer” approaching Earthencart physically or virtual with a request for viewing, display on the Earthencart Platform and not necessarily registering as a User.

d.    The User shall also include and mean a “user” and/or “customer” of “seller’s” product on Earthencart Shopping Platform.

e.    The parties above referred are individually known as “the party”/ “the User” / “the Seller”, / “Earthencart” as the case may be and collectively referred to as “the parties”

f.     AND WHEREAS parties have agreed to put their terms in writing as per this document.

 

NOW THIS PRINCIPAL TERMS AND CONDITIONS WITNESSES AS UNDER

2.        Account -Commencement, Term & Renewal

2.1.                 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.

2.2.                 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.EARTHENCART.com,“Earthencartwebsite”, including the related mobile site and mobile application (hereinafter referred to as “Platform”)

2.3.                 The Platform is owned by EARTHENCART and User’s 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 User transact on the Platform, User shall be subject to the policies that are applicable to the Platform for such Final Customer Payment Value Transaction. By mere use of the Platform, User shall be contracting with and these terms and conditions including the policies constitute User binding obligations, with EARTHENCART.

2.4.                 For the purpose of these Terms of Use, wherever the context so requires "User" shall mean any natural or legal person who has agreed to become a user on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. EARTHENCART allows the User to surf the Platform or making purchases without registering on the Platform. The term "Earthencart", "Us", "Our" shall mean EARTHENCART Internet Private Limited.

2.5.                 When User use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), User 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. Earthencart 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 User. It is User responsibility to review these Terms of Use periodically for updates / changes. User continued use of the Platform following the posting of changes will mean that User accept and agree to the revisions. As long as User comply with these Terms of Use, Earthencart grant User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

2.6.                 ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES USER 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, User also accept and agree to be bound by EARTHENCART Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.

3.        Definitions

3.1.                 “Customer” shall mean any individual, group of individuals, partnership firm, company or any other entity booking an Order for the Products of the User(s) through the “Earthencart Shopping Platform”.

3.2.                 “Effective Date” shall mean the date on which this Principal Terms and Conditions and schedules is executed.

3.3.                 “Earthencart Shopping Platform” means an online platform owned and operated by Earthencart that facilitates the shopping Final Customer Payment Value Transaction between the User and the Customer presently included in it is www.EARTHENCART.com  ”, “User Panel”, “Mobile Application”.

3.4.                 www.EARTHENCART.com   shall mean a virtual electronic store created on Earthencart Shopping Platform

3.5.                 “Earthencart Mobile application” shall be the application for sale of the User’s Products as part of “Earthencart Shopping Platform” displaying the particulars of the User’s Products.

3.6.                 “Final User Selling Price” of a Product is the price of the product as listed on the “Earthencart Shopping Platform” which would include Basic Packing, Basic Insurance on product, Shipping/Delivery Charges to customer, Goods & Services Tax (GST) and all applicable taxes.

3.7.                 “Other Charges” is that part of Final Order Value excluding Final User Selling Price and means all the OTHER CHARGES like shipping charges, Green packing charges, gift packing charges, bank charges, payment gateway charges, Cash Handling charges, insurance charges and other charges (as applicable) plus all applicable taxes thereon (GST).

3.8.                 “Booked Order” shall mean an order for purchase of product/products, wherein customer has agreed to purchase the product upon the terms and conditions and at Final Order Value indicated on the “Earthencart Shopping Platform” of the User.

3.9.                 Final Order Value” shall mean the value at which the Products are to be delivered to the Customer i.e., Final User Selling Price (as per Point 3.6) plus Other Charges (as per Point 3.7).

3.10.              Final Customer Payment Value” shall be the net payable by customer after adjustment of the credit outstanding to the customer, discounts, voucher, coupons, wallet balance, cess if any and wherever applicable and net payable for said Booked Order by the customer.

3.11.              “Fulfilled Order” means a booked order where the products are received by customer and accepted without raising a claim for replacement as per the conditions of this Principal Terms and Conditions. Booked order shall be also be Fulfilled order once process of replacement and acceptance of replaced product is confirmed by customer or on the expiry of the period of raising a claim for Return for Replacement.

3.12.              “Made in India products” shall mean products that are manufactured and/or assembled, created, designed in the territories of union of India and are not primarily imported as such or imported & assembled as such, imported and relabelled and imported & white branded imported products.

3.13.              “Notice” shall mean and include all communication in written form in electronic or post/courier form.

3.14.              “Order Return” or “Return” means and includes an order booked and/or

·                                             not delivered to customer (due to any reason)

·                                             cancelled by customer

·                                             returned for replacement (breakage, wrong size, quality etc)

·                                             returned for refund

 

3.15.              “Order Confirmation” means that Order Booked is confirmed by Earthencart Shopping Platform.

 

3.16.              “Product” shall mean be called in this document as any merchandise products, items, goods and articles put up for sale on the “Earthencart Shopping Platform” by the Seller for User/User/Customer. “The Product” shall include, thing produced by labour or effort, result of an act or a process or otherwise, to which the User is legally entitle to promote, market, sponsor and further holds lawful permission, authorization, delegation, sanction, license to display the same on the “Earthencart Shopping Platform”.

 

3.17.              “Shipping Charges” or “Delivery Charges” shall mean the logistics /courier / postal charges, including all taxes incurred for delivering the product(s) and return to/from the Customer (if any).

3.18.              “Sign-up Fees”: There is no sign-up fees applicable. However, a value-added scheme may be offered to premium users and same shall be communicated to the user at such terms and time in future.

3.19.              Principal terms and Conditions of Use of Shopping Platform-Earthencart.com means and referred to interchangeably in these document as “terms of use” and /or “terms”.

3.20.              “Earthencart Recommended” are products recommended by Earthencart which carry the unique qualities and philosophy of Earthencart and are recommended by Earthencart.

 

4.        Online Membership Eligibility

4.1.                 Transaction on the Platform 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 un-discharged insolvents etc. are not eligible to use the Platform. If User are a minor i.e. under the age of 18 years, User may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

4.2.                 As a minor if User wish to transact on the Platform, such transaction on the Platform may be made by User’s legal guardian or parents. EARTHENCART reserves the right to terminate User membership and / or refuse to provide User with access to the Platform, if it is brought to EARTHENCART's notice or if it is discovered that User are under the age of 18 years and transacting on the Platform.

 

5.        User’s Online Account, registration, and other Obligations

5.1.                 Confidentiality

5.1.1.              If User use the Platform, User shall be responsible for maintaining the confidentiality of User Display Name and Password and User shall be responsible for all activities that occur under User Display Name and Password. User agree that if User provide any information that is untrue, inaccurate, not current or incomplete or Earthencart 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, Earthencart shall have the right to indefinitely suspend or terminate or block access of User membership on the Platform and refuse to provide User with access to the Platform.

5.1.2.              User mobile phone number and/or e-mail address is treated as User primary identifier on the Platform. It is User responsibility to ensure that User mobile phone number and User email address is always up to date on the Platform. Users agree to notify Us promptly if User mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification or through existing password access to profile.

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

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

6.         Communications to and from Earthencart

6.1.                 When User use the Platform or send emails or other data, information or communication to us, User agree and understand that User are communicating with Us through electronic records and User consent to receive communications via electronic records from Us periodically and as and when required. Earthencart may communicate with User by email or by such other mode of communication, electronic or otherwise.

7.        Purpose of Earthencart: Provide for Platform for Transaction and Communication

7.1.                 The Earthencart Shopping Platform is a platform that Users and sellers, utilize to meet and interact with one another for their transactions. EARTHENCART is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

7.2.                 Hence forward,  all commercial / contractual terms are offered by and agreed to between Users and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods (except Earthencart Shopping Platform Prepaid order payment), payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. EARTHENCART 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 Users and Sellers including all discounts offer (including Return of Goods) are by the Seller and not by EARTHENCART.

 

7.3.                 Cash on Delivery option shall be available subject to the following Cash on Delivery terms and conditions.

7.3.1.              Cash on Delivery can be used as payment method only for orders with “Final order Transaction Value” less than Rs. 5,000. Further Lower “Final order Transaction Value” sub-limits may also be put. The order value limit could be lower depending on the pin code of your address.

7.3.2.              Users are requested to verify the delivered items.

7.3.3.              Further partial payment in cash shall be accepted also in case if part of the order is rejected.

7.4.                 Placement of order by a User with Seller on the Platform is an offer to buy the product(s) in the order by the User to the Seller and it shall not be construed as Seller's acceptance of User's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the User, at its sole discretion and the User shall be intimated of the same by way of an email/SMS. Any transaction price paid by User in case of such cancellation by Seller, shall be refunded to the User. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

8.        Disclaimer of Warranties and Liabilities

8.1.                 EARTHENCART 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 Platform.

8.2.                 EARTHENCART does not implicitly or explicitly support or endorse the sale or purchase of any specific product or service on the Platform as it is only a marketplace for Sellers and Users.

8.3.                 EARTHENCART accepts no liability for any errors or omissions, whether on behalf of third parties and strive to correct such errors or omissions at the earliest.

8.4.                 EARTHENCART is not responsible for any non-performance or breach of any contract entered between User and Sellers.

8.5.                 EARTHENCART cannot and does not guarantee or warrant that the concerned User and/or Sellers will perform any transaction concluded on the Platform.

8.6.                 User Concern or disagreement” between Users and Sellers shall be addressed by Earthencart under process as explained in point “User Concern”. EARTHENCART is shall endeavor to ensure user and seller obligations for purchases and payments on use of Earthencart Shopping Platform are fulfilled However, Earthencart Shopping Platform is not legally obligated to mediate or resolve any / all User Concern or disagreement between Users and Sellers, however.

8.7.                 EARTHENCART does not make any representation or warranty as to the product-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. User are advised to independently verify the bona fides of any particulars. User that choose to deal with on the Platform and shall use User best judgment in that behalf. However, Earthencart shall make efforts to verify authenticity of products.

8.8.                 Seller and their products on Earthencart are assessed, scrutinized, educated, and only thereafter added as seller on the Shopping platform, however the same is no warranty or guarantee of Product or service qualities and attributes for the User of the platform, as these constitutes processes for internal use of Earthencart.

8.9.                 Earthencart Seller  of these Conditions of Use forbid Product having symbols or Image or design given for hosting by seller should not be contain, construed or seem to be in a manner of promotion or hurting beliefs, Sensibilities and respect of any of the religion, caste, creed and race including any above action of user which endangers security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever. Because EARTHENCART has multiple products for sale offered by sellers on the website and hosts multiple comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, EARTHENCART operates on a "notice received or noted and then action of removal of content" basis. Hence, EARTHENCART accepts no liability for any errors or omissions, whether on behalf of seller or third parties and strive to correct such errors or omissions at the earliest.

8.10.              EARTHENCART does not at any point of time during any transaction between User and Seller on the Platform 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 User.

8.11.              At no time shall EARTHENCART hold any right, title or interest over the products nor shall EARTHENCART have any obligations or liabilities in respect of such contract entered between Users and Sellers. EARTHENCART is not responsible for unsatisfactory or delayed performance of services or damages or delays because of products which are out of stock, unavailable or back ordered, however User may withing the terms of this agreement raise a User Concern and same shall be handled by Earthencart Shopping Platform accordingly.

8.12.              The EARTHENCART Shopping Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. EARTHENCART 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 User.

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

8.14.              EARTHENCART is not responsible for unsatisfactory or delayed performance of services or damages or delays because of products which are out of stock, unavailable or back ordered.

8.15.              This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to User through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, EARTHENCART does not warrant that:

8.16.              This Platform will be constantly available, or available at all; or the information on this Platform is complete, true, accurate or non-misleading.

8.17.              EARTHENCART will not be liable to User in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. EARTHENCART does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to User through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

8.18.              Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to User.

8.19.              User will be required to enter a valid phone number while placing an order on the Platform. By registering User phone number with us, User consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. Earthencart will not use User personal information to initiate any promotional phone calls or SMS.

8.20.              Pricing on any product(s) as is reflected on the Platform 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 User order(s).

8.21.              User release and indemnify EARTHENCART 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 Platform and specifically waive any claims that User may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, EARTHENCART cannot take responsibility or control the information provided by other Users which is made available on the Platform. User may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

8.22.              Please note that there could be risks in dealing with underage persons or people acting under false pretense and Earthencart shall not be responsible for any such incorrect behaviour.

8.23.              EARTHENCART does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third-party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, EARTHENCART assumes no responsibility for examining or evaluating the products and services offered by them. EARTHENCART do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). EARTHENCART does not endorse, in any way, any third party Platform(s) or content thereof.

 

9.        Business Tax Invoice:

9.1.                 Certain products offered by sellers can qualify for GST Tax Invoice purchases on the Platform.

9.1.1.              Upon User purchase of product(s) eligible for GST Tax Invoice purchases, User may be able to avail the benefits of GST input tax credit. Accordingly, at User request, an invoice containing the GSTIN as provided by User ("Tax Invoice") shall be issued to User by the Seller(s) selling such products.

9.1.2.              GST invoice will have, inter alia, the following details printed on it: -GSTIN associated with User registered GST Tax Invoice, as provided by User

9.1.3.              Entity name of User registered GST Tax Invoice, as provided by User

9.1.4.              Not all products are eligible for GST Tax Invoice purchases on the Platform and the same is solely at the discretion of the Sellers. User will be able to view the eligibility of Tax Invoice on the product page on the Platform.

9.1.5.              Purchases on the Platform must only be for user end consumption, except for business Users using Business to Busines (B2B) part of Earthencart Shopping Platform.

9.1.6.              For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.

9.1.7.              The delivery and billing addresses will be required to be the same or one of the users GST registered addresses, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.

9.1.8.              If GSTIN and/or GST Tax Invoice entity details are not provided by User, it will be presumed that it is a personal purchase and not a GST Tax Invoice purchase.

9.1.9.              EARTHENCART is not responsible to verify the correctness of the GSTIN and/or entity name provided by User and User shall be entirely responsible to provide the accurate details.

9.1.10.            EARTHENCART and Seller shall not entertain any request for any revision in the GST Invoice.

9.1.11.            EARTHENCART and Seller shall not be liable for User default including for reasons associated with details provided by User.

9.1.12.            EARTHENCART shall not be liable for GST and other tax liability on Sale of Product and is the sole responsibility of the Seller product.

9.1.13.            EARTHENCART will not be liable in case User are not able to avail input tax credit or if input tax credit is denied to User for any reason whatsoever.

9.1.14.            User shall be solely liable for all compliances required under applicable laws.

9.1.15.            User agree to indemnify and hold EARTHENCART and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (i) the GSTIN and/or entity name provided by User or the input tax credit claimed by User or User use or misuse of the GST Invoice and (ii) User non-compliance with the applicable laws or (iii) User use or misuse of any third-party’s details including GSTIN.

9.1.16.            EARTHENCART has the right to not allow GST Tax Invoice purchases on the Platform to User if a fraudulent activity is identified.

9.1.17.            Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified.

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

10.     Platform Charges: For use or others

10.1.              Membership on the Platform is free for users. EARTHENCART does not charge any fee for browsing and buying on the Platform. EARTHENCART reserves the right to change its Fee Policy from time to time. In particular, EARTHENCART may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event EARTHENCART reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. User shall be solely responsible for compliance of all applicable laws including those in India for making payments to EARTHENCART Internet Private Limited.

11.     Use of the Platform

11.1.              Users agree, undertake, and confirm that User use of Platform shall be strictly governed by the following:

11.2.              User shall not host, display, upload, modify, publish, transmit, update, or share any information which:

11.3.              belongs to another person and to which User does not have any right to;

11.4.              is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;

11.4.1.            is misleading in any way.

11.4.2.            is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.

11.4.3.            harasses or advocates harassment of another person;

11.4.4.            involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

11.4.5.            promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.

11.4.6.            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];

11.4.7.            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;

11.4.8.            contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)

11.4.9.            provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

11.4.10.         provides instructional information about illegal activities such as making or buying illegal cartoons, violating someone's privacy, or providing or creating computer viruses;

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

11.4.12.         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;

11.4.13.         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, EARTHENCART's prior written consent means a communication coming from EARTHENCART's Legal Department, specifically in response to User request, and specifically addressing the activity or conduct for which User seek authorization;

11.4.14.         solicits gambling or engages in any gambling activity which Earthencart, in Our sole discretion, believes is or could be construed as being illegal

11.4.15.         interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services

11.4.16.         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.

11.4.17.         harm minors in any way;

11.4.18.         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;

11.4.19.         violates any law for the time being in force;

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

11.4.21.         impersonate another person;

11.4.22.         contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information’s

11.4.23.         threatens the unity, integrity, defense, 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.

11.4.24.         shall not be false, inaccurate or misleading;

11.4.25.         shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any product, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

11.4.26.         shall not create liability for Earthencart or cause Earthencart to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.

11.5.              User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Earthencart reserve Our right to bar any such activity.

11.6.              User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

11.7.              User shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User own information, as provided for by the Platform.

11.8.              User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms EARTHENCART, EARTHENCART.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of EARTHENCART or sellers on platform or otherwise tarnish or dilute any EARTHENCART's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. User agree that User will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or EARTHENCART's systems or networks, or any systems or networks connected to EARTHENCART.

11.9.              User agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

11.10.            User may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User send to Us on or through the Platform or any service offered on or through the Platform. User may not pretend that User are, or that User represent, someone else, or impersonate any other individual or entity.

11.11.            User may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of EARTHENCART and / or others.

 

12.     Applicable Laws

12.1.1.            User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Services Act (GST), Sales Tax/VAT, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India), Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding User use of Our service and User listing, purchase, solicitation of offers to purchase, and sale of products or services. User shall not engage in any transaction in a product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force and further shall also apply for using Payment Facility and EARTHENCART Platform.

13.     Other User & Sale covenants

13.1.1.            For the purpose solely to enable Earthencart to utilize the information User supplies Earthencart  with, User agree to grant Earthencart a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights for the information User have in User Information/signup/ registration and thereafter during purchase or later processes shared on the Earthencart platform and includes any media now known or not currently known, with respect to User Information. Earthencart will only use User information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform. This term is for the purpose that Earthencart are not violating any rights User might of the User.

13.1.2.            From time to time, User shall be responsible for providing information relating to the products or services proposed to be sold by User. In this connection, User undertake that all such information shall be accurate in all respects. User shall not exaggerate or over emphasize the attributes of such products or services to mislead other Users in any manner.

13.1.3.            User shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. User may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation.

13.1.4.            Earthencart reserve the right to restrict the use of the Earthencart shopping platform, number of messages or emails which a user may send to other Users in any 24-hour period which Earthencart deems appropriate in its sole discretion. User understand that Earthencart have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

13.1.5.            A user should be blocked temporarily or permanently, if Earthencart concludes from its sources that for any act or use by user of any other software that endanger functioning of Earthencart Shopping platform or hurts sentiments of user / Earthencart policies etc.

13.1.6.            Earthencart can (and User hereby expressly authorize Us to) disclose any information about User to law enforcement or other government officials, as Earthencart, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

13.1.7.            Earthencart reserve the right, but has no obligation, to monitor the materials posted on the Platform. EARTHENCART shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, USER REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS USER POST ON THE PLATFORM AND IN USER PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect EARTHENCART views. In no event shall EARTHENCART assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform.

13.1.8.            User hereby represent and warrant that User have all necessary rights in and to all Content which User provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

13.1.9.            User correspondence or GST Tax Invoice dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. Earthencart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

13.1.10.         It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that User may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about User due to User use of the Platform, and that the recipient may use such information to harass or injure User. Earthencart does not approve of such unauthorized uses, but by using the Platform User acknowledge and agree that Earthencart are not responsible for the use of any personal information that User publicly disclose or share with others on the Platform. Please carefully select the type of information that User publicly disclose or share with others on the Platform.

13.1.11.         EARTHENCART shall have all the rights to take necessary action and claim damages that may occur due to User involvement/participation in any way on User own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

13.1.12.         If User choose to browse or transact on the Platform using the voice command-based shopping feature, User acknowledge that EARTHENCART and /or its affiliates will collect, store and use User voice inputs on this feature to customize User experience and provide additional functionality as Earthencart as to improve EARTHENCART’s and/or its affiliates’ products and services. EARTHENCART’s and/or its affiliates’ use of User voice data will be in accordance with the EARTHENCART Privacy Policy. User accept that User use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. EARTHENCART reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to User. User continued use of this feature constitutes User acceptance of the terms related to this feature.

13.2.              Contents Posted on Platform

13.2.1.            All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user/sellers generated content and EARTHENCART has no control over such third party / seller user generated content as EARTHENCART is merely an intermediary for the purposes of this Terms of Use.

13.2.2.            Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without EARTHENCART's express prior written consent.

 

14.     User feedback

14.1.              Earthencart may approach the user for their user feedback and request theme to upload it on the website including photos, video. Such feedback shall comply with the terms of above point “Use of Platform”.

 

15.     Use of Information

 

15.1.              User may use information on the products and services purposely made available on the Platform for downloading, provided that User (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for User personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

15.2.              User shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, Earthencart Innovations, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and User grant Us the worldwide, perpetual and transferable rights in such Content. Earthencart shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content User provide. User agree that any Content User post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and User are not entitled to any payment or other compensation for such use.

15.3.              SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWERS DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

 

 

16.     Privacy

16.1.1.            Earthencart view protection of User privacy as an especially important principle. Earthencart understand clearly that User and User Personal Information is one of Our most important assets. Earthencart store and process User Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as Earthencart as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.

16.1.2.            Our current Privacy Policy is available at “Privacy Policy” tab at bottom of our website, by accepting this “Condition of Use of Shopping Platform”, the User consents to present, amended and future privacy policy. If user objects to User Information being transferred or used in this way, we request user not use Earthencart Shopping Platform in such case.

16.1.3.            Disclosure of Personal Information (Internal): Earthencart may share personal information with our other entities and affiliates who are associates for delivery of product or rendering services or other promotional activities & campaign of Earthencart. These entities and affiliates who are associates of Earthencart or contracted by Earthencart to provide services, may contact user via SMS, Email, Phone-call, social media etc. for marketing products and services hosted on Earthencart. This will be done randomly purely with intent to improve the Earthencart offerings and services and let user know schemes and offer that Earthencart shall conduct from time to time. Earthencart will take all possible measures to limit use of exposure with respective to users’ personal information. If user does not agree to this policy we request you not to register on Earthencart Shopping Platform.

16.1.4.            Disclosure of Personal Information (External): Earthencart may disclose personal information with agencies to comply, assist, meet Legal requirements and good faith belief that such disclosure is reasonably necessary for Indian Laws as required to meet the business objectives and enforce our Conditions of Use, Conditions of Sale or Privacy Policy. Earthencart shall not disclose User personal information to third parties for any activity not related to Services and delivery of products from Earthencart Shopping Platform.

16.1.5.            Earthencart and our affiliates will share / sell some or all of User personal information with another business entity should Earthencart (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to User personal information.

 

17.     Payment

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

17.1.2.            Lack of authorization for any transaction/s, or

17.1.3.            Exceeding the preset limit mutually agreed by User and between "Bank/s", or

17.1.4.            Any payment issues arising out of the transaction, or

17.1.5.            Decline of transaction for any other reason/s

17.1.6.            All payments made against the purchases/services on Platform by User 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.

17.1.7.            Before shipping / delivering User order to User, Seller may request User to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by User for User purchase. This is done in the interest of providing a safe online shopping environment to Our Users

17.1.8.            Booked order, fulfilled order, Final Order Value, Final Seller Selling Price, Final Customer Payment Value, Earthencart Product Exclusivity service and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between User and Seller and payment facility is merely used by the User and Seller to facilitate the completion of the Final Customer Payment Value Transaction. Use of the payment facility may result in errors and cause non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on EARTHENCART's Platform. As payment facility is a third-party facility, Earthencart shall not be liable or responsible for such errors. However, Earthencart shall address such errors through “User Concern” facility to resolve such issues.

17.1.9.            User have specifically authorized EARTHENCART or its service providers to collect, process, facilitate and remit payments and / or the Final Customer Payment Value Transaction Price electronically or through Cash on Delivery to and from other Users in respect of Final Customer Payment Value Transactions through Payment Facility. User relationship with EARTHENCART is on a principal to principal basis and by accepting these Terms of Use User agree that EARTHENCART is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on EARTHENCART's Platform that are paid for by using the Payment Facility. EARTHENCART reserves the right for disclosure of User or Seller as the case maybe nor does it ensure that a User or a Seller will complete a Final Customer Payment Value Transaction.

17.1.10.         Users understand, accept and agree that the payment facility provided by EARTHENCART is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Final Customer Payment Value Transactions on the EARTHENCART Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, EARTHENCART is neither acting as trustees nor acting in a fiduciary capacity with respect to the Final Customer Payment Value Transaction or the Final Customer Payment Value Transaction Price.

 

18.     Payment Gateway for Users & Refund

 

18.1.1.            User, as a User, understand that upon initiating a Final Customer Payment Value Transaction User are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and User shall pay the Final Customer Payment Value Transaction Price through User Issuing Bank to the Seller using Payment Facility.

 

18.1.2.            User, as a User, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Final Customer Payment Value Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Final Customer Payment Value Transaction should be in compliance with Payment Facility Rules and Policies.

 

18.1.3.            User, as a User, shall notify issues with Payment Facility, Delivery or Non-Delivery or any other issue using the appropriate EARTHENCART Platform “User Concern” section. Non notification by User of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Final Customer Payment Value Transaction. In case of ‘Cash-on-Delivery’, Final Customer Payment Value Transactions, User is not required to confirm the receipt of products or services.

 

18.1.4.            User, as a User, shall be entitled to claim a refund of the Final Customer Payment Value Transaction Price (as User sole and exclusive remedy) in case User do not receive the Delivery within the time period agreed in the Final Customer Payment Value Transaction or within the time period as provided in the Policies, whichever is earlier. In case User do not raise a refund, claim using Platform features within the stipulated time than this would make User ineligible for a refund.

 

18.1.5.            User, as a User, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Final Customer Payment Value Transactions as mentioned in the Policies and hence User may not be entitled to a refund in respect of the Final Customer Payment Value Transactions for those products and /or services

 

18.1.6.            Except for Cash On Delivery Final Customer Payment Value Transaction, refund, if any, shall be made at the same Issuing Bank from where Final Customer Payment Value Transaction Price was received, or through any other method available on the Platform, as chosen by User.

 

18.1.7.            For Cash On Delivery Final Customer Payment Value Transactions, refunds, if any, will be made via electronic payment transfers.

 

18.1.8.            Refund shall be made in Indian Rupees only and shall be equivalent to the Final Customer Payment Value Transaction Price received in Indian Rupees for that portion of the order refunded.

 

18.1.9.            For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

 

18.1.10.         Refunds may be supported for select banks. Where a bank is not supported for processing refunds, User will be required to share alternate bank account details with us for processing the refund.

 

18.1.11.         Refund shall be conditional and shall be with recourse available to EARTHENCART in case of any misuse by User.

 

18.1.12.         Earthencart may also request User for additional documents for verification.

 

18.1.13.         Refund shall be subject to User complying with Policies.

 

18.1.14.         EARTHENCART reserves the right to impose limits on the number of Final Customer Payment Value Transactions or Final Customer Payment Value Transaction Price which EARTHENCART may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Final Customer Payment Value Transactions exceeding such limit.

 

18.1.15.         EARTHENCART reserves the right to refuse to process Final Customer Payment Value Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with EARTHENCART or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

 

18.1.16.         EARTHENCART may do such checks as it deems fit before approving the receipt of/Users commitment to pay (for Cash On Delivery Final Customer Payment Value Transactions) Final Customer Payment Value Transaction Price from the User for security or other reasons at the discretion of EARTHENCART. As a result of such check if EARTHENCART is not satisfied with the creditability of the User or genuineness of the Final Customer Payment Value Transaction or other reasons at its sole discretion, EARTHENCART shall have the right to reject the receipt of / Users commitment to pay Final Customer Payment Value Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of EARTHENCART.

 

18.1.17.         EARTHENCART may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if EARTHENCART deems suspicious or for Users conducting high Final Customer Payment Value Transaction volumes to ensure safety of the Final Customer Payment Value Transaction and Final Customer Payment Value Transaction Price. In addition, EARTHENCART may hold Final Customer Payment Value Transaction Price and EARTHENCART may not inform Seller to Dispatch or remit Final Customer Payment Value Transaction Price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event the User is engaged in any form of illegal activity.

 

18.1.18.         The User and Seller acknowledge that EARTHENCART will not be liable for any damages, interests or claims etc. resulting from not processing a or any delay in processing a Final Customer Payment Value Transaction / Final Customer Payment Value Transaction Price which is beyond control of EARTHENCART.

 

19.     Compliance- National and International Laws:

19.1.              Earthencart reserves the right to request prior PAN of User where a transaction value or multiple transaction value in a Financial year of an amount equal to or above INR 2,00,000 (Two Lakh Only). The Customer will be required to upload a scanned copy of his/her PAN card on the Platform, before making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.

 

20.     User's arrangement with Issuing Bank:

20.1.              All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.

20.2.              All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between User and the respective Issuing Bank.

 

21.        Conditions of “Sale”, “Order Return” or “Return” of Goods Policy

21.1.                       If EARTHENCART has any suspicion or knowledge that any of its users and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, EARTHENCART may also, while reserving its rights to initiate civil and/or criminal proceedings against such member users and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such users and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on EARTHENCART will not be allowed to return their products.

21.2.                       EARTHENCART reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, EARTHENCART may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

21.3.                       One of the endeavors of Users concern Policy of Earthencart is to assist Users with replacement of items. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the user of the product/s can ask for replacement of the product/s from the seller.

21.4.                       Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under Return of Goods.

 

21.5.                       Other Conditions of “Sale”, “Order Return” or “Return” of Goods Policy

 

21.5.1.                   User should be advised that seller is solely responsible for quality, safety standards, all Government laws relating to product and product delivery.

21.5.2.                   Earthencart shall address User concerns for all of the above cases which are registered under “User concern” within stipulated time,

21.5.3.                   Return policy on a product varies for each product therefore Earthencart has mentioned these on the individual product page itself for your convenience so it can be reviewed at the time of purchase.

21.5.4.                   Request for Refund/Replacement if any, has to be made within stipulated time (as mentioned on the product page) of the packet received. Any request made later than that will not be considered.

21.5.5.                   To raise the Return request, Please login with your credentials and visit the User Account/Orders section. Select the order/product you want to return and click on “Return/Replace” and follow the instructions on this page.

21.5.6.                   Returns/Replacements are subject to verification and checks of the products.

21.5.7.                   Before raising the request, please make sure that Product is NOT used, washed and is without any stains and with non-tampered quality check seals/ warranty seals (wherever applicable). In case of Clothes, make sure that any smell does not get transferred to the product (natural body odour, body deodorant, perfume etc.).

21.5.8.                   The price tags, brand tags, gift-box and all original packaging must be present/intact.

21.5.9.                   If the product received does not pass the verification and checks, the product shall be shipped back to you.

21.5.10.               Replacement is subject to availability of the product. In case the replacement product is out of stock, a refund shall be initiated.

21.5.11.               Delivery cost (where applicable), will not be refunded in case of Returns.

21.5.12.               For Return/Replacement of fragile items, User are requested to pay for freight cost.

22.        Limitation of liability:

22.1.                       By using the Services, you agree that the liability of EARTHENCART, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors, shall be limited to the maximum extent permissible by applicable law. In no case shall EARTHENCART, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products or any Content or for any other claim related in any way to your access to the Platform and/or use of the Services, including, but not limited to, any errors or omissions in any Content or information on the Platform, or any loss or damage of any kind incurred as a result of the use of the Services and/or reliance on any Content or information on the Platform.

23.        Indemnification:

23.1.1.                   User shall defend, indemnify and hold harmless EARTHENCART its owners, affiliates, subsidiaries, group companies, partners (as applicable), and their respective officers, directors, agents, and employees (" Indemnified Parties"), from and against any claim, demand, damages, obligations, penalty, losses or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to or arising out of your or your affiliate's or relative's: (a) breach of these Terms, the Privacy Policy and/or any other policies; or (b) violation of any applicable law, rules, regulations; or (c) violation of the rights (including infringement of intellectual property rights) of a third party or EARTHENCART; or (d) unauthorized, improper, illegal or wrongful use of your EARTHENCART account (including by you or by any person, including a third party, whether or not authorized or permitted by you) (e ) Conditions of Terms of Use of Earthencart Shopping Platform. This indemnification obligation will survive the expiry or termination of these Terms and/or your use of the Service.

24.        Force Majeure:

24.1.1.                   You agree that EARTHENCART shall be under no liability whatsoever to you in the event of non-availability of the Platform and/or any of the Services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of EARTHENCART (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Platform Partners).

25.        Governing laws & Jurisdiction

25.1.                       These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any User Concern arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) EARTHENCART has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Vadodara, India.

25.2.                       Jurisdictional Issues/Sale in India Only. Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. EARTHENCART make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and EARTHENCART is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

26.        Severability:

26.1.                       If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.

27.        Amendments:

27.1.                       We may revise these Terms from time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Platform and will be effective immediately after such posting and we recommend that you periodically check these Terms on the Platform for such revised terms. Your continued use of the Services and/or the Platform will be deemed to constitute your acceptance of any and all such revised terms.

28.        Entire agreement

28.1.                       These Terms, the Privacy Policy and any other terms or policies as may be prescribed by EARTHENCART from time to time, constitute the entire agreement between you and EARTHENCART, which will govern your use of or access to the Services and/or the Platform, superseding any prior agreements between you and EARTHENCART regarding such use or access.

28.2.                       Users agree to the Terms and conditions of Shopping Platform – Earthencart.com the user affirms that user understands the English written therein and where the user is not familiar with the English language the seller has translated the same for their understanding.)

29.        Survival:

29.1.                       You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law shall survive the efflux of time and the termination of these Terms.

30.        Trademark, Copyright and Restriction

30.1.                       This site is controlled and operated by EARTHENCART and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

30.2.                       Trademark complaint

30.2.1.                   EARTHENCART respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to EARTHENCART at care@earthencart.com

 

31.        Limitation of Liability

31.1.                       IN NO EVENT SHALL EARTHENCART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

32.        Contact Us

32.1.                       Please [contact us] for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

33.        Grievance officer

33.1.                       In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer can be taken by writing to care@earthencart.com

34.        Policies

34.1.                       Profanity Policy

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

34.1.2.                   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 product being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

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

34.1.4.                   Report offensive Display Names

34.1.5.                   Report offensive language in a listing or otherwise

 

34.2.                       FEEDBACK: If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to Final Customer Payment Value Transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.

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

34.3.1.                   EARTHENCART will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

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

34.3.2.1.          Limits placed on account privileges;

34.3.2.2.          Loss of special status;

34.3.2.3.          Account suspension.

34.3.3.                   EARTHENCART 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 EARTHENCART is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, EARTHENCART shall have the right to delete the customer review. EARTHENCART shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.

35.        'User Concern'

35.1.                       A ' User Concern' can be defined as a disagreement between a User and a Seller in connection with a transaction on the Platform.

35.2.                       User Concern are filed as a result of a disagreement between the User and the Seller when the user is not completely satisfied with the product or services from Earthencart Shopping Platform marketplace and the resolution of their complaint/issue (if any).

35.3.                       Whenever there is a User Concern occurs, the User can write to care@earthencart.com in order to raise User Concern.

35.4.                       What are the various types of 'User Concerns'?

35.4.1.                   Following are the indicative examples of potential User Concerns:

35.4.1.1.             Wrong product received

35.4.1.2.             Product Not as described

35.4.1.3.             Damaged or Seal broken on Product

35.4.1.4.             Part/Accessory missing

35.4.1.5.             Product not Compatible

35.4.1.6.             Seller Description/Specification Wrong

35.4.1.7.             Defective (Functional issues)

35.4.1.8.             Product not working and Manufacturer claims invalid Invoice

35.4.1.9.             Product not as described - meaning product is not what User expected.

 

35.4.2.                   User Concern will be decided in accordance with the “User Concern policy”.

35.4.2.1.             Earthencart team will endeavors to address and resolve every User Concern, however Earthencart shall not Policy always a favorable resolution in favour of User.  Further Earthencart will not facilitate a conference call and will acts as the honest bridge between customer and seller.

35.4.2.2.             When a User Concern has been raised, EARTHENCART may provide both the parties’ access to each other’s Display Names, contact details including email addresses and other details pertaining to the User Concern. Users and Sellers are subject to final consent from EARTHENCART for settling the User Concern.

36.        User Eligibility and Restrictions

36.1.                       Only the Users who have purchased the product on EARTHENCART are eligible for the following.

36.1.1.                   Users can file a “User Concern” within 30 days from the date of delivery of the product

36.1.2.                   Any damage or loss to the product after delivery will not be covered under this program and will completely be the User's responsibility. Users should refuse to accept delivery if the product is damaged.

36.1.3.                   Fraudulent charges and claims are not covered under Earthencart warranties.

36.2.                       Blacklisted and Blocked Users are not covered by the Earthencart service following such action.

36.2.1.                   Users can make a maximum of 5 claims per year on EARTHENCART. If the claim was withdrawn, it is not counted. Users who have reached their maximum lifetime limit for claims are also not eligible for further claims. The claim amount will be limited to lower of Rs 5,000 or 100% of the “Final User Selling Price” of a Product (as further reduced by the value of loyalty points used if any).

36.2.2.                   Raising User Concerns against Sellers does not automatically entitle the User to a refund or replacement for the product purchased. EARTHENCART shall verify the User Concerns so raised and may process only such claims that are valid and genuine.

36.2.3.                   EARTHENCART shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any User/Seller.

36.2.4.                   Claims of the nature of 'User remorse' (i.e. instances where products are bought by the User by mistake or where the User chooses to change his/her mind with regard to the product purchased by him) will not be entertained through User Concern option.

36.2.5.                   EARTHENCART reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, EARTHENCART may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.

36.2.6.                   Decisions made by EARTHENCART under the “User Concern option” shall be final and binding on its Users.

36.2.7.                   EARTHENCART reserves the right to modify / discontinue access to Earthencart Shopping Platform without any prior notice period to its Users.

36.2.8.                   Through this program, EARTHENCART shall not entertain claims of Users who have incurred loss due to delayed shipment or delivery of the product by the Seller.

36.2.9.                   EARTHENCART Customer Support Team may seek additional information / clarification from User to facilitate resolution of the User Concern. In the event User does not respond with information / clarification sought within 10 days of such request, the User Concern shall be auto closed in favour of the Seller.

36.3.                       User Concerns via Chargeback

36.3.1.                   Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

36.3.2.                   Product not received CB - User has not received the product. Refund will be created in accordance with the User Concern policies

36.3.3.                   Unauthorized CB - User has not made this particular Final Customer Payment Value Transaction. Refund will be created in accordance with the User Concern policies.

36.3.4.                   User expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller may state "Powered by EARTHENCART" on his Invoice to the User.

37.        Email Abuse & Threat Policy

37.1.                       Private communication, including email correspondence, is not regulated by EARTHENCART. EARTHENCART encourages its Users to be professional, courteous and respectful when communicating by email. However, EARTHENCART will investigate and can take action on certain types of unwanted emails that violate EARTHENCART policies.

37.2.                       Such instances as below:

37.2.1.                   Threats of Bodily Harm - EARTHENCART does not permit Users to send explicit threats of bodily harm.

37.2.2.                   Misuse of EARTHENCART System - EARTHENCART allows Users to facilitate Final Customer Payment Value Transactions through the EARTHENCART system, but will investigate any misuse of this service.
Spoof (Fake) email - EARTHENCART will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.

37.2.3.                   Spam (Unsolicited Commercial email) - EARTHENCART's spam policy applies only to unsolicited commercial messages sent by EARTHENCART Users. EARTHENCART Users are not allowed to send spam messages to other Users.

37.2.4.                   Offers to Buy or Sell Outside of EARTHENCART - EARTHENCART prohibits email offers to buy or sell listed products outside of the EARTHENCART Platform. Offers of this nature are a potential fraud risk for both Users and Sellers.

37.3.                       EARTHENCART policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

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

37.4.1.                   Limits on account privileges

37.4.2.                   Account suspension

37.4.3.                   Cancellation of listings

37.4.4.                   Loss of special status

 

38.        Reporting Listing Violations by Users

38.1.                       EARTHENCART has put in place EARTHENCART Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in EARTHENCART's interest to ensure that infringing products are removed from the site, as they erode User and good Seller trust.

38.2.                       If you are a Verified Rights Owner and want to report a listing issue. Only the intellectual property rights owner can report potentially infringing products or listings through Infringement Verification process. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact Earthencart.

38.3.                       If your listing was removed through Infringement Verification process, and you believe that your listing was removed in error, please contact Earthencart for the same.

38.4.                       EARTHENCART does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, EARTHENCART is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to EARTHENCART.

38.5.                       Infringement Verification process works to ensure that product listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. INFRINGEMENT VERIFICATION PROCESS participants have the ability to identify and request removal of allegedly infringing products and materials.

38.6.                       Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on EARTHENCART is encouraged to become a INFRINGEMENT VERIFICATION PROCESS member.

38.7.                       Program membership entitles you (Verified Rights Owner) to the following benefits:

38.8.                       Rapid response by EARTHENCART in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing

38.9.                       Dedicated priority email queues for reporting alleged infringements

38.10.                   The ability to obtain identifying information about EARTHENCART's users'

 

39.        Trademark-infringement

39.1.                       Trademark owner doesn't make this type of product or has discontinued the production of the product

39.2.                       Product(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

39.3.                       Trademark-listing description infringement

39.3.1.                   Listing(s) has unlawful comparison to trademark owner's brand or product

39.3.2.                   Listing(s) contains unlawful use of trademark owner's logo

39.4.                       Copyright-product infringement

39.4.1.                   Product(s) is an unlawful copy

39.4.2.                   Product(s) is unlawful duplication of printed material

39.4.3.                   Product(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

39.5.                       Copyright-listing content infringement

39.5.1.                   Listing(s) comprises unauthorized copy of copyrighted text

39.5.2.                   Listing(s) comprises unauthorized copy of copyrighted image

39.5.3.                   Listing(s) comprises unauthorized copy of copyrighted image and text

Reason Code: ___________________________________________________________

Work(s) Infringed: _________________________________________________________

Product Number(s): ___________________________________________________________

Note:

Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)

Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to care@earthencart.com

 

 

39.6.                       Notice of Infringement

Sample Notice format

To,

EARTHENCART Retail LLP

_____________________

I, [name] ___________________________ of [address] ____________________ do solemnly and sincerely declare as follows:

I am the owner of certain intellectual property rights / Trademark/ Copyright / Patent, said owner being named __________________ ("IP Owner").

I have a good faith belief that the product listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.

I may be contacted at:

Name ___________________________________________________________

Title & Company ________________________________________________________

Address _________________________________________________________

Email (correspondence) ___________________________________________________

Telephone/Fax ________________________________________________________

Date ______________

and I make this declaration conscientiously believing it to be true and correct.

 

Declared by _____________________on [date] _______ in [place]________

Truthfully,

 

Signature

 

Addendum to Notice of Infringement:

List of Allegedly Infringing Listings, Products, or Materials

A Note on Reason Codes: When identifying product numbers please use the reasons below. When removing products from the site, EARTHENCART will inform Sellers of the specific reason for the removal of their products.

40.        Contacting the Seller

40.1.            At EARTHENCART we are committed towards ensuring that User Concerns between sellers and users are settled amicably by way of the above User Concern resolution mechanisms and procedures. However, in the event that a user wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the users may also reach out to customer support- care@earthencart.com

 

 

Privacy Policy:

 

 

Sr No

Particulars

Page No.

1

Collection: User Information

2

2

Use: Of User Profile & Demographic Information

3

3

Cookies

4

4

Sharing: User personal information

5

5

Links to Other Sites

6

6

Security Precautions

6

7

Opt-Out option & choices

7

8

Advertisements on EARTHENCART Shopping Platform

7

9

Children: Information

7

10

Data Retention

7

11

User Consent

7

12

Changes: Of Privacy Policy

8

13

Grievance Officer

8

14

Queries

9

 


 

1.    Privacy Policy

1.1.       EARTHENCART SHOPPING PLATFORM recognise the need and importance of Users Information privacy and transaction details and this Privacy Policy explains how EARTHENCART Retail LLP and its associates, agents and affiliates (collectively also called and means in this policy document “EARTHENCART” (which means and includes “Earthencart, EARTHENCART SHOPPING PLATFORM”, www.EARTHENCART.com)” collect, use, give access, share or otherwise process “User’s” personal information through EARTHENCART SHOPPING PLATFORM, www.EARTHENCART.com, its mobile application, or other electronic and internet media.

1.2.       When User visit the EARTHENCART Shopping Platform, providing Earthencart information or availing Earthencart product / service, User expressly agree to be bound by the terms and conditions of this Privacy Policy, the Condition of Use and the Condition of Sale the applicable service / product terms and conditions. If User do not agree, please do not access, or use EARTHENCART Shopping Platform.

 

2.    Collection: User Information

2.1.       When User use EARTHENCART Shopping Platform, collect and store Earthencart information which is provided by User from time to time. In general, User can browse the EARTHENCART Shopping Platform without telling us who User are or revealing any personal information about user. Once User give us Earthencart personal information, User are not anonymous to us. Where possible, EARTHENCART SHOPPING PLATFORM indicate which fields are required and which fields are optional. User always have the option to not provide information by choosing not to use a particular service, product, or feature on the EARTHENCART Shopping Platform.

2.2.       EARTHENCART SHOPPING PLATFORM as part of its efforts to better understand and provide preferred products and services may track User buying behaviour, preferences, and other information that User choose to provide on EARTHENCART Shopping Platform. EARTHENCART SHOPPING PLATFORM shall use this information to do internal research on Earthencart users' demographics, interests, and behaviour to better understand, protect and serve Earthencart users. This information is compiled and analysed on an aggregated basis. This information may include the URL that User used / came from (whether this URL is on EARTHENCART Shopping Platform or not), which URL User next go to (whether this URL is on EARTHENCART Shopping Platform or not), User computer browser information, and User IP address.

2.3.       EARTHENCART SHOPPING PLATFORM collect personal information (such as email address, delivery address, name, phone number, credit card / debit card, UPI, epayment and other payment instrument details) from User when User set up an account or transact with us. While User can browse some sections of EARTHENCART Shopping Platform without being a registered member, certain activities (such as placing an order or consuming Earthencart online content or services) do require registration. EARTHENCART SHOPPING PLATFORM do use Earthencart contact information to send User offers based on Earthencart previous orders and Earthencart interests.

2.4.       If User choose to post messages on Earthencart message boards, chat rooms or other message areas or leave feedback or if User use voice commands to shop on the EARTHENCART Shopping Platform, EARTHENCART SHOPPING PLATFORM will collect that information User provide to us. EARTHENCART SHOPPING PLATFORM retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

2.5.       If User send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about Earthencart activities or postings on the EARTHENCART Shopping Platform & EARTHENCART SHOPPING PLATFORM may collect such information into a file specific to User.

2.6.       EARTHENCART shall not be responsible for the third-party business partner’s privacy activities or the content of their privacy policies, and EARTHENCART SHOPPING PLATFORM request User to read their privacy policies prior to disclosing any information.

2.7.       EARTHENCART has onboarded certain third-party business partners on the EARTHENCART Shopping Platform who specialise in the categories like packaging, specialised delivery, paying online bills and more. If User use the services of THIRD-PARTY BUSINESS PARTNERS, User will be redirected to THIRD-PARTY BUSINESS PARTNERS from EARTHENCART SHOPPING PLATFORM sites / applications and Earthencart entry to THIRD-PARTY BUSINESS PARTNERS EARTHENCART SHOPPING PLATFORM /sites / applications will be based on EARTHENCART login credentials after seeking Earthencart permissions to share the data further.

2.8.       EARTHENCART shall not be responsible for the Third-party business partners privacy practices or the content of their privacy policies, and EARTHENCART SHOPPING PLATFORM request User to read their privacy policies prior to disclosing any information.

 

3.    Use: Of User Profile & Demographic Information

3.1.       EARTHENCART SHOPPING PLATFORM use User personal information to provide the product and services User request. To the extent EARTHENCART SHOPPING PLATFORM use Earthencart personal information to market to User, EARTHENCART SHOPPING PLATFORM will provide User the ability to opt-out of such uses. EARTHENCART SHOPPING PLATFORM use Earthencart personal information to assist sellers and business partners in handling and fulfilling orders; enhancing customer experience; resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in Earthencart products and services; inform User about online and offline offers, products, services, and updates; customize and enhance Earthencart experience; detect and protect us against error, fraud and other criminal activity; enforce Earthencart terms and conditions; and as otherwise described to User at the time of collection of information.

3.2.       EARTHENCART SHOPPING PLATFORM will have access to Earthencart SMS, contacts in Earthencart directory, location and device information. EARTHENCART SHOPPING PLATFORM may also request User to provide User PAN, GST Number, Government issued ID cards/number and Know-Earthencart-Customer (KYC) details to: (i) check User eligibility for certain products and services including but not limited to credit and payment products; (ii) issue GST invoice for the products and services purchased for Earthencart business requirements; (iii) enhance Earthencart experience on the EARTHENCART Shopping Platform and provide User access to the products and services being offered by us, sellers, affiliates or lending partners. User understand that Earthencart access to these products/services may be affected in the event consent is not provided to us.

3.3.       In Earthencart efforts to continually improve Earthencart product and service offerings, EARTHENCART SHOPPING PLATFORM and Earthencart affiliates collect and analyse demographic and profile data about Earthencart users' activity on EARTHENCART Shopping Platform. EARTHENCART SHOPPING PLATFORM identify and use User IP address to help diagnose problems with Earthencart server, and to administer EARTHENCART Shopping Platform. Earthencart IP address is also used to help identify User and to gather broad demographic information.

3.4.       EARTHENCART SHOPPING PLATFORM will occasionally ask User to participate in optional surveys conducted either by us or through a third-party market research agency. These surveys may ask User for personal information, contact information, date of birth, demographic information (like zip code, age, or income level), attributes such as User interests, household or lifestyle information, Earthencart purchasing behaviour or history, preferences, and other such information that User may choose to provide. The surveys may involve collection of voice data or video recordings, the participation of which would purely be voluntary in nature. EARTHENCART SHOPPING PLATFORM use this data to tailor Earthencart experience at EARTHENCART Shopping Platform, providing User with content that EARTHENCART SHOPPING PLATFORM think User might be interested in and to display content according to Earthencart preferences.

4.    Cookies

4.1.       EARTHENCART SHOPPING PLATFORM use data collection devices such as "cookies" on certain pages of the EARTHENCART Shopping Platform to help analyse Earthencart SHOPPING PLATFORM page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on Earthencart hard drive that assist us in providing Earthencart services. Cookies do not contain any of User personal information. EARTHENCART SHOPPING PLATFORM offer certain features that are only available using a "cookie". EARTHENCART SHOPPING PLATFORM also use cookies to allow User to enter Earthencart password less frequently during a session. Cookies can also help us provide information that is targeted to User interests. Most cookies are "session cookies," meaning that they are automatically deleted from Earthencart hard drive at the end of a session. User are always free to decline/delete Earthencart cookies if Earthencart browser permits, although in that case User may not be able to use certain features on the EARTHENCART Shopping Platform and User may be required to re-enter Earthencart password more frequently during a session. Additionally, User may encounter "cookies" or other similar devices on certain pages of the EARTHENCART Shopping Platform that are placed by third parties. EARTHENCART SHOPPING PLATFORM do not control the use of cookies by third parties. EARTHENCART SHOPPING PLATFORM use cookies from third-party partners such as Google Analytics for marketing and analytical purposes. Google Analytics help us understand how Earthencart customers use the site. User can read more about how Google uses Earthencart Personal Information here: https://www.google.com/intl/en/policies/privacy/. User can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 

5.    Sharing: User personal information

5.1.       EARTHENCART SHOPPING PLATFORM may share personal information with Earthencart other corporate entities and affiliates for purposes of providing products and services offered by them, such as, the deferred payment options EARTHENCART PayLater offered by EARTHENCART Retail Limited through its lending partners. These entities and affiliates may share such information with their affiliates, business partners and other third parties for the purpose of providing User their products and services, and may market to User as a result of such sharing unless User explicitly opt-out.

5.2.       EARTHENCART SHOPPING PLATFORM may disclose Earthencart personal information to third parties, such as sellers, business partners. This disclosure may be required for us to provide User access to Earthencart products and services; for fulfilment of Earthencart orders; for enhancing Earthencart experience; for providing feedback on products; to collect payments from User; to comply with Earthencart legal obligations; to conduct market research or surveys; to enforce Earthencart Terms of Use; to facilitate Earthencart marketing and advertising activities; to analyse data; for customer service assistance; to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to Earthencart product and services. EARTHENCART SHOPPING PLATFORM do not disclose User personal information to third parties for their marketing and advertising purposes without User explicit consent.

5.3.       EARTHENCART SHOPPING PLATFORM may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. EARTHENCART SHOPPING PLATFORM may disclose personal information to law enforcement agencies, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce Earthencart Terms of Use or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of Earthencart users or the general public.

5.4.       EARTHENCART SHOPPING PLATFORM and Earthencart affiliates will share / sell some or all of Earthencart personal information with another business entity should EARTHENCART SHOPPING PLATFORM (or Earthencart assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to Earthencart personal information.

 

6.    Links to Other Sites

6.1.       EARTHENCART Shopping Platform may provide links to other EARTHENCART SHOPPING PLATFORM / Site’s or application that may collect personal information about User. EARTHENCART SHOPPING PLATFORM are not responsible for the privacy practices or the content of those linked EARTHENCART SHOPPING PLATFORM / Site’s.

 

7.    Security Precautions

7.1.       EARTHENCART SHOPPING PLATFORM maintain reasonable physical, electronic and procedural safeguards to protect Earthencart information. Whenever User access Earthencart account information, EARTHENCART SHOPPING PLATFORM offer the use of a secure server. Once Earthencart information is in Earthencart possession EARTHENCART SHOPPING PLATFORM adhere to Earthencart security guidelines to protect it against unauthorized access. By using the EARTHENCART Shopping Platform, the users accept the inherent security implications of data transmission over the internet and the World Wide Web which cannot always be guaranteed as completely secure, and therefore, there would always remain certain inherent risks regarding use of the EARTHENCART Shopping Platform. Users are responsible for ensuring the protection of login and password records for their account.

 

8.    Opt-Out option & choices

8.1.       EARTHENCART SHOPPING PLATFORM provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications after setting up an account with us. If User do not wish to receive promotional communications from us then please login into the Notification Preference page of EARTHENCART Shopping Platform [https://www.EARTHENCART.com/communication-preferences/email] to unsubscribe/opt-out.

 

9.    Advertisements on EARTHENCART Shopping Platform

9.1.       EARTHENCART SHOPPING PLATFORM use third-party advertising companies to serve ads when User visit EARTHENCART Shopping Platform. These companies may use information (not including Earthencart name, address, email address, or telephone number) about User visits to this and other EARTHENCART SHOPPING PLATFORM / Site’s in order to provide advertisements about goods and services of interest to User.

 

10.  Children: Information

10.1.     EARTHENCART SHOPPING PLATFORM do not knowingly solicit or collect personal information from children under the age of 18 and use of EARTHENCART Shopping Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If User are under the age of 18 years then User must use the EARTHENCART Shopping Platform, application, or services under the supervision of User parent, legal guardian, or any responsible adult.

 

11.  Data Retention

11.1.     EARTHENCART SHOPPING PLATFORM retain User personal information in accordance with appliable laws, for a period no longer than is required for the purpose for which it was collected or as required under any applicable law. However, EARTHENCART SHOPPING PLATFORM may retain data related to User if EARTHENCART SHOPPING PLATFORM believe it may be necessary to prevent fraud or future abuse or if required by law or for other legitimate purposes. EARTHENCART SHOPPING PLATFORM may continue to retain User data in anonymised form for analytical and research purposes.

 

12.  User Consent

12.1.     By visiting EARTHENCART Shopping Platform or by providing Earthencart information, User consent to the collection, use, storage, disclosure and otherwise processing of User information (including sensitive personal information) on the EARTHENCART Shopping Platform in accordance with this Privacy Policy. If User disclose to us any personal information relating to other people, User represent that User have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

12.2.     User, while providing Earthencart personal information over the EARTHENCART Shopping Platform or any partner EARTHENCART Shopping Platforms or establishments, consent to us (including Earthencart other corporate entities, affiliates, lending partners, technology partners, marketing channels, business partners and other third parties) to contact User through SMS, instant messaging apps, call and/or e-mail for the purposes specified in this Privacy Policy.

 

13.  Changes: Of Privacy Policy

13.1.     Please check Earthencart Privacy Policy periodically for changes. EARTHENCART SHOPPING PLATFORM may update this Privacy Policy to reflect changes to Earthencart information practices. EARTHENCART SHOPPING PLATFORM will alert User to significant changes by posting the date Earthencart policy got last updated, placing a notice on EARTHENCART Shopping Platform, or by sending User an email when EARTHENCART SHOPPING PLATFORM are required to do so by applicable law.

 

14.  Grievance Officer

14.1.     In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer can be received through care@earthencart.com

 

15.  Queries

16.  If User have a query, issue, concern, or complaint in relation to collection or usage of Earthencart personal information under this Privacy Policy, please contact us at the contact information provided above.