TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name/ website www.tredicart.com (“Website”), including the related mobile application (hereinafter referred to as “Platform”).

This document is a legally binding agreement between a seller or a buyer, as the case may be (acting by itself or through its representatives) (collectively referred to as “You”, “Your”, “User” hereinafter) who access or use or transact on the Platform and avail service and the Innocart Limited (referred to as “We”, “Us”, “Our” or “Innocart” hereinafter).

This document and such other rules and policies of the Platform as may be amended from time to time are collectively referred to below as the “Terms”. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. By accessing, browsing, or otherwise using the Platform or using the services, including following the posting of changes, User agrees to accept and be bound by the Terms (as may be amended from time to time). It is Your responsibility to review these Terms periodically for any updates / changes. Please do not use the services or access the Platform if You do not accept the Terms or are unable to be bound by the Terms.

In addition to the following terms, by using this Application, You also acknowledge that You have read, understood, and agree to be bound by Our privacy policy (“Privacy Policy”). Kindly refer to Our Privacy Policy here.

1. ACCEPTANCE OF TERMS

By accessing or using Our Website Platform, you agree to comply with and be bound by these Terms. This agreement constitutes a legally binding contract between You and Innocart. Accessing the Platform refers to visiting the Platform’s Website or landing page, while using encompasses any interaction with the Platform, including but not limited to browsing, registering an account, posting content, making purchases, or utilizing any of the Platform's features and services (collectively the “Services” hereinafter). If You do not agree to these Terms, You should not access or use the Platform. If You have already accessed the Platform and do not agree with the Terms, You must immediately cease using the Platform and discontinue any ongoing use. Your agreement to these Terms is ongoing and continues for as long as you access or use the Platform. By accessing or using the Platform, you acknowledge that You have read, understood, and agree to be bound by these Terms. It is important to read these Terms carefully before accessing or using the Platform to ensure that You fully understand your rights and obligations.

2. SERVICE AVAILABILITY AND PROVISION

To access and utilize the services offered through the Platform, You must register. We reserves the right to limit or restrict access to certain services or features within the Platform, and may do so without prior notice. Innocart provides its services on a best efforts basis. At times, We may engage third-party service providers to facilitate the provision of these Services, but will not be held liable for any delays, interruptions, or discontinuations of the Services, nor for any consequences resulting from circumstances beyond its reasonable control. The Services are provided to You on as is and as available. Innocart retains the exclusive right to suspend, withdraw, or terminate any part of the Services, with or without notice, at its sole discretion. Such actions can be taken without any specific cause or in response to any breach of these Terms by the User. Importantly, the termination or suspension of any Service will not impact other Services or existing agreements that Users may have with Us.

3. USE OF PLATFORM

3.1. Eligibility

Our services can be availed by individuals or business entities, including sole proprietorship firms, companies, and partnerships, which are authorized under applicable law to form legally binding agreements. User(s) represent and warrant that they have the right to avail or use the Services provided by Us, including but not limited to the Website or any other services provided by Us in relation to the use of the Website and Platform. As such, natural persons below 18 years of age and business entities or organizations that are not authorized by law to operate in India or other countries are not authorized to avail or use Our Services.

3.2. Registration

To access certain features of the Platform, You may need to register an account. During the registration process, You will be required to provide accurate, current, and complete information, including your business name, contact information, and other details as may be requested. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately of any unauthorized use of Your account or any other breach of security. We reserve the right to suspend or terminate Your account and refuse any and all current or future use of the Platform if any information provided during the registration process is inaccurate, false, or misleading or if You fail to comply with these Terms.

3.3. User Responsibilities

You are solely responsible for all activities that occur under Your account and for the content you post on the Platform. You agree to use the Platform in a manner consistent with any and all applicable laws, regulations, and industry standards. You agree to provide accurate, current, and complete information when registering an account and to update Your information as necessary to keep it accurate, current, and complete.

4. REPRESENTATION AND WARRANTIES

4.1 For the seller:

4.1.1 Authority and Capacity: The seller represents and warrants that it has the full power and authority to enter into and perform its obligations under these Terms and any transactions conducted on the Platform.

4.1.2 Ownership and Sale of Goods: The seller represents and warrants that it is the legal owner of the goods and products listed for sale on the Platform and has the unrestricted right to sell such goods and products.

4.1.3 Accuracy of Information: The seller represents and warrants that all information provided on the Platform, including product descriptions, pricing, and other details, is accurate, complete, and not misleading.

4.1.4 Compliance with Laws: The seller represents and warrants that it shall comply with all applicable laws, regulations, and industry standards in connection with its use of the Platform and the sale of goods and products through the Platform.

4.1.5 Quality of Goods: The seller represents and warrants that the goods and products sold meet all applicable industry standards and are free from defects in material and workmanship.

4.1.6 Intellectual Property: The seller represents and warrants that it has the right to use any trademarks, logos, or other intellectual property rights in connection with the goods and products listed on the Platform.

4.2 For the Buyer:

4.2.1 Authority and Capacity: The buyer represents and warrants that it has the full power and authority to enter into and perform its obligations under these Terms of Use and any transactions conducted on the Platform.

4.2.2 Compliance with Laws: The Buyer represents and warrants that it shall comply with all applicable laws, regulations, and industry standards in connection with its use of the Platform and the purchase of goods and products through the Platform.

4.2.3 Accuracy of Information: The buyer represents and warrants that all information provided on the Platform, including billing details, shipping information, and other details, is accurate, complete, and not misleading.

4.2.4 Use of Goods: The Buyer represents and warrants that it shall use the goods and products purchased through the Platform in accordance with any applicable laws, regulations, and industry standards.

4.2.5 Payment: The Buyer represents and warrants that it shall make timely and full payment for all goods and products purchased through the Platform in accordance with the terms agreed upon with the Seller.

5. USERS GENERALLY

You agree that:

• 5.1.1 You will not engage in the unauthorized copying, reproduction, downloading, re-publishing, selling, distribution, or resale of any Services or content available on or through the Platform (referred to as “Platform Content”).
• 5.1.2 You will not use, copy, reproduce, download, compile, or otherwise exploit any Platform Content for the purpose of operating a business that competes with us, or for any commercial exploitation of the Platform Content. This includes the systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory, whether through robots, spiders, automatic devices, or manual processes. We may provide Users with access to content, products, or services offered by third parties through hyperlinks, APIs, or other means to such third parties' websites. You are advised to review the terms and conditions and/or privacy policies of these third-party websites before using the Platform in connection with such content, products, or Services. You acknowledge that we have no control over these third-party websites and shall not be responsible or liable for any content, products, or services made available on such websites.
• 5.1.3 By posting or displaying any information, content, or material (“User Content”) on the Platform or providing any User Content to Innocart or our representative(s), you grant Innocart a perpetual, worldwide, royalty-free, and sub-licensable license to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or developed in the future, for any purpose that may benefit the operation of the Platform, the provision of any Services, and/or the business of Innocart. You confirm and warrant to Us that you have all the necessary rights, power, and authority to grant the above license.

6. RESTRICTION ON USAGE

You are strictly prohibited from listing and selling the following items on Our Platform:

• 6.1.1 Illegal and Recreational Drugs: Any form of illegal medical drugs, including prescription drugs sold without a valid prescription, and all recreational drugs such as marijuana, cocaine, heroin, and ecstasy, are strictly prohibited. This also includes any products claiming to be natural alternatives to illegal drugs.
• 6.1.2 Religious and Worship-Related Items Prohibition: The sale, distribution, or promotion of items associated with religious practices, including but not limited to idols, statues, worshiping artifacts, items featuring religious imagery or symbols, as well as materials promoting satanic worship or related products, is expressly prohibited.
• 6.1.3 Smoke-Related Items: This category includes cigarettes, cigars, vapes, e-cigarettes, hookahs, and any other tobacco or smoking-related products.
• 6.1.4 Prohibited Beverages: The sale of beverages containing alcohol is strictly prohibited on the Platform. Additionally, any other products classified as prohibited beverages by government laws or regulations are also not permitted to be listed in the Platform.
• 6.1.5 Explosives: All forms of explosives, explosive devices, and explosive materials, including fireworks and ammunition, are strictly prohibited.
• 6.1.6 Government-Banned Items: Items that are banned or require special permission by the Indian Government to be sold to the public, such as certain chemicals, weapons, or endangered species products, are not allowed for sale on the platform. Sellers are responsible for ensuring compliance with all applicable laws and regulations.
• 6.1.7 Sexual Wellness Products: This includes sex toys, sexual enhancement medicines, adult content, and other related items.

Any violation of these restrictions will result in immediate removal of the listing and may lead to suspension or termination of the Your account. You are responsible for ensuring compliance with these restrictions and all applicable laws and regulations.

7. TERMINATION

If any User breaches any Terms, or if Innocart has reasonable grounds to believe that a User is in breach of any Terms, or could subject Innocart or its affiliates to liability, or is otherwise found inappropriate or unlawful in Innocart’s opinion, Innocart shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:

• 7.1.1 Suspending or terminating the User’s account and any and all accounts determined to be related to such account by Innocart in its discretion;
• 7.1.2 Blocking, restricting, downgrading, suspending, or terminating the subscription of, access to, or current or future use of any Service;
• 7.1.3 Removing any product listings or other User Content that the User has submitted, posted, or displayed;
• 7.1.4 Any other corrective actions, discipline, or penalties as Innocart may deem necessary or appropriate in its sole discretion.

Innocart does not pre-screen any content or information posted, published, or transmitted on the Platform by the Users, and Innocart is under no obligation to pre-screen any such content or information. However, Innocart may, at its discretion and/or in accordance with applicable law, voluntarily take down any content or information posted by You on the Platform. If Innocart determines that any content or information is in violation of these Terms, Innocart may remove such content or information from the Platform without notice. Such actions do not in any manner negate or dilute Innocart’s position as an intermediary or impose any liability on Innocart with respect to content or information posted, published, or transmitted by Users on the Platform.

In the event a User becomes inactive or if no transaction is noticed by Us, Innocart reserves its right to delist, deactivate, or suspend a User’s account in its sole discretion, with or without giving any notice to the User.

We hereby reserve the right to collaborate and cooperate fully with governmental authorities in the investigation of any alleged civil wrongdoing. Furthermore, Innocart shall be entitled to disclose the User's identity and contact details in the event that You are implicated or suspected of engaging in civil wrongdoing, upon the request of a governmental or law enforcement agency, or pursuant to any lawful directive or legal proceedings.

8. TRANSACTION BETWEEN BUYER AND SELLER

8.1. Innocart operates solely as a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell, or transactions of sale or purchase on the Platform. When a product is listed for sale on the Platform by a seller, products sold to buyer by the Seller will be governed by the bipartite contractual arrangement entered into directly between the buyer and the seller. Buyer acknowledges and agrees that Innocart cannot and does not confirm each Seller’s purported identity. Buyers are encouraged to exercise discretion and caution while dealing with various sellers.

8.2. For any Services provided, We do not represent either the seller or the buyer in specific transactions. Innocart does not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness, or availability of the products or Services offered for sale on the Platform, or the ability of the seller to complete a sale or the ability of buyers to complete a purchase. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title, or interest in the products sold through or displayed on the Platform vest with Us, nor shall We have any obligations or liabilities in respect of any transactions on the Platform.

8.3. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or Services that are the subject of transactions using the Platform. User acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.

8.4. Innocart shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations, or warranties of the products and hereby expressly disclaims any and all responsibility and liability in that regard. Innocart shall not mediate or resolve any dispute or disagreement between buyer and the seller of the products or any third party that is rendering Services to the User.

8.5. The User’s shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Content that the User submits, posts, or displays on the Platform.

9. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, including trademarks, copyrights, patents, database rights, and design rights, in the Platform and the Services, including but not limited to the design, layout, look, appearance, and graphics of the Platform and any content or information available on or through the Platform, are owned by or licensed to Innocart. Nothing in these Terms grants You any rights in or to the intellectual property of Innocart or any third party.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE PLATFORM IS AT YOUR SOLE RISK. THE SERVICES AND THE PLATFORM ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. INNOCART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INNOCART MAKES NO WARRANTY THAT THE SERVICES OR THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES INNOCART MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THE PLATFORM, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INNOCART, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT INNOCART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INNOCART’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR THE PLATFORM EXCEED THE AMOUNTS YOU HAVE PAID OR OWE TO INNOCART IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US $100.00), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold Innocart, its affiliates, officers, directors, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services or the Platform, your violation of these Terms, or your violation of any rights of another.

13. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

14. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity, or termination thereof, shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.

15. CONTACT US

If you have any questions about these Terms, please contact us at support@tredicart.com