If you are a California resident or data subject in Europe, please see the “Additional Disclosures for California Residents” and “Additional Disclosures for Data Subjects in the European Economic Area (EEA), Switzerland, and the UK” sections, respectively. If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “Contact Us” section below.
- Pepkart Technologies Pvt Ltd and its affiliates may be referred to as "Pepkart," “we,” “our,” or “us.”
- We call a user of the Pepkart or its affiliate’s services “User,” “Users,” “you,” “your,” "visitor" or “Client”, “Customer”, “Buyer” and “Tasker,” “Service Provider”, “Merchant”, “Seller”, “Partner”, “Reseller”, “Distributor”, “Marketer” or “Agents” as appropriate.
- “Terms of Service” refers to our Global Terms of Service, which can be found here. This marketing, service provider and seller agreement is incorporated into, and considered a part of, the Terms of Service.
These Terms of Service and agreement reflect the way Pepkart’s business works, the laws that apply to our company, and certain things we have always believed to be true. As a result, these Terms of Service and agreement help define Pepkart’s relationship with you as you interact with our services. For example, these terms and agreement include the following topic headings:
- What you can expect from us, which describes how we provide and develop our services
- What we expect from you, which establishes certain rules for using our services
- Content in Pepkart services, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, Pepkart, or others.
- In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms.
Intent: We realize that you care how data about you is utilized and shared and we value your trust in us to do that cautiously and reasonably. These terms and conditions (“Terms”) govern the use of or access to the Platform and the Services (as defined below).
These Terms and agreement constitute a binding and enforceable legal contract between the Company and a User (as defined below) or any end user of the Services (collectively, “you”). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are 18 (eighteen) years of age or older, and (c) not an insolvent or indigent. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.
Pepkart services are provided by, and you are contracting with:
Organized under the laws of the Indian Companies Act 2013, and operating under the laws of the India.
Launch online stores, sites, apps; doing R&D, create solutions, manufacture, and assemble devices (collectively, “Services”). Please note that ‘Services’ would include any other future services we may provide or propose to provide.
If you are under the age required to manage your own Pepkart Account, you must have your parent or legal guardian’s permission to use a Pepkart Account. Please have your parent or legal guardian read these terms with you.
If you are a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.
Some Pepkart services have additional age requirements as described in their service-specific additional terms and policies.
Your relationship with Pepkart
These terms help define the relationship between you and Pepkart. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Pepkart’s business works and how we earn money. When we speak of “Pepkart,” “we,” “us,” and “our,” we mean Pepkart Technologies Pvt Ltd and its affiliates, excluding any local entities based in any other countries.
The Pepkart Terms and your use of the Services cannot be construed as giving rights to a partnership, joint venture, employment, agency, or franchise relationship between you and Pepkart.
What you can expect from us
Provide a broad range of useful services.
- Apps and sites (like Peptack, Peptrait and Pepkart)
- Platforms (like Pepkart, Pep Sites and Pep Market)
- Integrated services (like widget embedded in other companies’ apps or sites)
- Devices (like Spot Pep)
Our services are designed to work together, making it easier for you to move from one activity to the next. For example, widget can remind you to leave for an appointment that appears in your Pep Note. Most of them are available on Google Play Store, iOS and other similar platforms and also operates websites (the “Website”). The App, the Website and our various solutions shall be together referred to as the “Platform”.
Furthermore, in many cases, Pepkart acts as a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. We or Pepkart are not parties to any negotiations that take place between the User(s) of the apps, sites, platform, or any of our services are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of our services. Pepkart does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the apps, sites, platform or any of our services or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This terms or agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between Pepkart and any other party.
Improve Pepkart services
We are constantly developing new technologies and features to improve our services. For example, we invest in artificial intelligence that uses machine learning to detect and block spam and malware, and to provide you with innovative features, like simultaneous translations. As part of this continual improvement, we sometimes add or remove features and functionalities, increase, or decrease limits to our services, and start offering new services or stop offering old ones.
If we make material changes that negatively impact your use of our services or if we stop offering a service, we will provide you with reasonable advance notice and an opportunity to export your content from your Pepkart Account using Pepkart Takeout, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
What we expect from you
Follow these terms and service-specific additional terms.
- These terms
- Service-specific additional terms, which could, for example, include things like additional age requirements.
Although we give you permission to use our services, we retain any intellectual property rights we have in the services.
- Comply with applicable laws, including export control, sanctions, and human trafficking laws.
- Respect the rights of others, including privacy and intellectual property rights.
- Don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, defaming, bullying, harassing, or stalking others.
- Don’t abuse, harm, interfere with, or disrupt the services.
Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others aren’t following these rules, many of our services allow you to report abuse. If we act on a report of abuse, we also provide a fair process as described in the Taking action in case of problems section.
Permission to use your content.
Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you are free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.
Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they have given you, their permission.
We need your permission if your intellectual property rights restrict our use of your content. You provide Pepkart with that permission through this license.
What is covered
This license covers your content if that content is protected by intellectual property rights.
What is not covered.
- This license doesn’t affect your privacy rights — it’s only about your intellectual property rights.
- This license doesn’t cover these types of content:
- Publicly available factual information that you provide, such as corrections to the address of a local business. That information does not require a license because it’s considered common knowledge that everyone’s free to use.
- Feedback that you offer, such as suggestions to improve our services. Feedback is covered in the Service-related communications section below.
This license is:
- Worldwide, which means it’s valid anywhere in the world
- Non-exclusive, which means you can license your content to others.
- Royalty-free, which means there are no fees for this license.
This license allows Pepkart to:
- Host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and make it accessible from anywhere you go.
- Publish, publicly perform, or publicly display your content if you’ve made it visible to others.
- Modify and create derivative works based on your content, such as reformatting or translating it.
- Sublicense these rights to:
- Other users to allow the services to work as designed, such as enabling you to share photos with people you choose
- Our contractors who have signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below.
- Operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content:
- For spam and malware
- To recognize patterns in data, such as determining when to suggest a new post, user or an item to keep things together.
- To customize our services for you, such as providing recommendations and personalized search results, content, and ads (which you can change or turn off in Ads Settings)
This analysis occurs as the content is sent, received, and when it is stored.
- Using content, you’ve shared publicly to promote the services. For example, to promote a Pepkart app, we might quote a review you wrote. Or to promote Pep Market, we might show a screenshot of the app you offer in the Market.
- Developing new technologies and services for Pepkart consistent with these terms
This license lasts for as long as your content is protected by intellectual property rights.
- If you already shared your content with others before removing it. For example, if you shared a photo with a friend who then made a copy of it, or shared it again, then that photo may continue to appear in your friend’s Pepkart Account even after you remove it from your Pepkart Account.
- If you make your content available through other companies’ services, it is possible that search engines, will continue to find and display your content as part of their search results.
- The User hereby represents and warrants that all information that is provided by the User through or in relation to the Services is valid, complete, true, and correct on the date of agreeing to these Terms and shall continue to be valid, complete, true, and correct throughout the duration of the User’s use of the Platform. The Company does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
- The User shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
- The User shall be solely liable for ensuring compliance on its own platforms created through the Service. The Company shall not be liable for any goods or services listed, catalogued, sold, or warranted by the User on the said platform by using the Services.
- The User shall extend all cooperation to the Company in its defending of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms.
- Infringe either directly or indirectly any third-party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party.
- Except as may be provided hereunder, use in any manner including copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works from, or license the Services.
- Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities.
- Belong to another person and to which User(s) do not have any right to;
- Be part of a scheme to defraud other User(s) of any of Pepkart services or its affiliates or for any other unlawful purpose.
- Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or Otherwise create any liability for Pepkart or its affiliates.
- Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.
- Solicit business from any User(s) in connection with a commercial activity that competes with Pepkart.
- Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- Use the Services to transmit any data or send or upload any material that contains any viruses, worms, trojan horses, timer programs, web bugs, spyware, malware or any other harmful programmes, devices or similar/other computer code, files or programs designed that have the effect of damaging, interfering with, intercepting, or expropriating any software or hardware system, data, or personal information or that are designed to interrupt, destroy, adverse effect or limit the functionality or the operation of any computer resource or software.
- Access the Pepkart Services, User Accounts, Licensed Content and / or User Content through other means or technologies (such as web scraping and automated collection of information) other than through our publicly supported interfaces.
- Use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
- Use the Services in furtherance of / to engage in any activity which may be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory; or
- Buy search terms and other pay-per-click keywords (such as Google AdWords) or domain names that use the word Pepkart, Pep or the Pepkart Marks and / or variations or misspellings;
- Directly or indirectly impersonate any person or entity or provide false information on the Pepkart Services and / or User Platform, or perform other manipulations or illegal actions in order to hide your personal information or the source of messages or transmissions you send to Pepkart and / or End Users;
- Make false statements about your affiliation with an individual or legal entity, or misrepresent such affiliation, or make false statements that Pepkart or third parties recommend you, your User Platform, business, User Products, or confirm the truth your statements, or make an indirect indication of it;
- Make callbacks, track, or attempt to track other Users of the Pepkart Services, or otherwise interfere with or violate other Users' privacy and other rights, or collect information that personally identifies visitors or users of the Pepkart Services and / or the User Platform without their explicit informed consent;
- Deactivate, bypass, ignore, and otherwise evade actions aimed at preventing or restricting access to the Pepkart Services, the User Platform, the account of another User (s), or other systems or networks connected to the Pepkart Services, if help with hacking, password extraction and other illegal or prohibited means;
- Test, scan or test the Pepkart Services or another network connected to the Pepkart Services for vulnerabilities;
- Take any action that places an unreasonable or disproportionate load on the infrastructure of the Pepkart Services or Pepkart systems or networks connected to the Pepkart Services, or otherwise interfere with or disrupt the functioning of any of the Pepkart Services or the servers or networks on which they are hosted or that provide them, or violate requirements, procedures, policies or regulations established by such servers or networks;
- Use the Pepkart Services and / or the User Platform to distribute any type of spam, “unsolicited” mail, fraudulent or fraudulent messages, phishing, “happiness letters”, pyramid schemes and other similar actions, or otherwise engage in unethical marketing and advertising activities;
- Sell, license, or use for commercial purposes the Licensed Content and / or Pepkart Services or access to them, except as provided in the Pepkart Terms;
- Remove or modify copyright references, watermarks, restrictions and symbols that indicate proprietary rights of any of our licensors, including the copyright mark [©], Creative Commons license icons [(cc)], or trademarks [® or ™ ] that are contained in or accompany the Pepkart Services and / or Licensed Content; or
- Violate, attempt to violate or otherwise fail to comply with the Pepkart Terms or legal requirements that apply to your use of the Pepkart Services.
- Access or use the Services for comparative or other competitive analysis purposes, or to create a competitive product or service.
- Violate applicable laws in any manner.
- Users who are expected to conduct proper research to ensure that the goods and services they listed or facilitate the sale of are in compliance with all applicable laws and we encourage users to cross-check for any prohibited content which may result in the suspension or removal of user’s account.
- The User shall not use the Services for sale of prohibited products or services including but not limited to:
- Alcohol or any type of liquor;
- Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes;
- Narcotic drugs and psychotropic substances;
- Medicines and drugs including illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
- Pornographic and obscene or objectionable material;
- Counterfeit, replicas and pirated goods and goods infringing any Intellectual Property Rights including pirated recordings or copies of unauthorized copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present;
- Adult Products;
- Used and refurbished products;
- Indian coins;
- Fire arms, knives, military equipment and ammunition;
- Police, army, navy and air force related items;
- Wildlife products;
- Live birds and animals;
- Baby gender test kits;
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;
- Money orders;
- Wholesale currency which includes discounted currencies or currency exchanges;
- Real estate;
- Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, or other protected property;
- Event tickets;
- Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam);
- Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free;
- Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
- Government identity cards, licenses which includes fake identity cards, passports, diplomas and noble titles, drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
- Traffic devices which include radar detectors/ jammers, license plate covers, traffic signal changers, and related products;
- Regulated goods which include air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines; goods regulated by government or other agency specifications;
- Stocks and other securities or related financial products;
- Any kind of services in relation to prohibited products; or
- Products prohibited under applicable law.
- The User shall be solely responsible for compliance with all the applicable laws including without limitation the Prevention of Money Laundering Act, 2002 and the rules made thereunder (India). The Company shall not be responsible for any claims or liability or losses that may arise due to non-compliance of the anti-money laundering laws in India or the respective country.
- Pepkart provides a various services, apps, sites, devices, and platforms to facilitate interaction between users (buyers, suppliers of products and services). Pepkart does not represent the seller/service provider or the buyer/customer or any other user in transactions. Pepkart does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on its app, site, platform, device, or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences on Pepkart. We use several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). Pepkart however, cannot and does not confirm each User(s)’s purported identity. Pepkart encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them. User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on Pepkart or its affiliates and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
- Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
- Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on Pepkart may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defence or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
- Such risks further include the risks that r the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of Pepkart or its affiliates as a result of purchase and sale transactions in connection with using any content, information or any other material provided on Pepkart or its affiliates may suffer harms and/or assert claims arising from their use of such products.
- User(s) agree that Pepkart shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on Pepkart or its affiliates, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify Pepkart (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction Pepkart.
Pepkart reserves the right to add/modify/discontinue any of the features offered on Pepkart’s Services.
- User(s) represent and warrant that they have the right to avail or use the services provided by Pepkart, including but limited to its platform or any other services provided by Pepkart in relation to the use of its services ("Pepkart’s Services"). Pepkart’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies, and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use Pepkart’s Services.
User(s) agree to abide by the Terms/Agreement and any other rules and regulations imposed by the applicable law from time to time. Pepkart or its affiliates shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over Pepkart’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive, or illicit material and that the risk of damage from such material rests entirely with each User(s). The user shall do its own due diligence before entering into any transaction with other users. Pepkart at its sole discretion reserves the right to refuse Pepkart’s Services to anyone at any time. Pepkart’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by Pepkart.
Using Pepkart services
Your Pepkart Account
If you meet these age requirements you can create a Pepkart Account for your convenience. Some services require that you have a Pepkart Account in order to work — for example, to use Pepmail, you need a Pepkart Account so that you have a place to send and receive your email.
- To avail the Services, a User would be required to create a profile/sign-up on the Platform (“Profile”) using his/her email ID and phone number among other details. In addition to setting up username and password to create the Profile, the User will be required to furnish certain details, including but not limited to phone numbers and details of its establishment. The User warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respects. The User further agrees and undertakes to promptly update its details on the Platform in the event of any change or modification of such details.
- The User is solely responsible for maintaining the security and confidentiality of the username and password and agrees to immediately notify the Company in writing at feedback@Pepkart.com of any disclosure or unauthorized use of the Profile or any other breach of security with respect to the Profile.
- The User expressly agrees to be liable and accountable for all activities that take place through its Profile in furtherance of the use of Service or otherwise. The Company expressly excludes any liability for any unauthorised access to a User’s Profile.
- The User agrees to receive communications from the Company regarding: (a) information relating to the Company and the Services; (b) promotional offers and services from the Company and its third-party partners, and (c) any other matter in relation to the Services.
You’re responsible for what you do with your Pepkart Account, including taking reasonable steps to keep your Pepkart Account secure, and we encourage you to regularly use the Security Check up.
Using Pepkart services on behalf of an organization
- An authorized representative of that organization must agree to these terms.
- Your organization’s administrator may assign a Pepkart Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Pepkart Account.
If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.
Content in Pepkart services
- The Company may require Users to upload certain information and documents that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to documents or information pertaining to the location of the User, any registration obtained by the User in relation to its business (“User Documents”).
- The User agrees that it may be required to submit additional documents as and when required by the Company or any of its third-party service providers and if, in such an event, any additional information, data, or documentation is required (collectively, “Top-Up Documents”), the User hereby agrees to share such Top-Up Documents promptly upon request, and further, authorises the Company to process such Top-Up Documents.
- The User agrees and warrants to provide valid, true, complete, and up-to-date User Documents and Top-Up Documents. The User further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the User’s access to certain features of the Services may be limited or denied in such event.
- The list of the User Documents and Top-Up Documents may be provided to the User at the time of creating the Profile/signing-up or at a later stage.
The Users may upload information relating to transactions with their customers or relating to their businesses, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between the Users and their customers through telephonic calls, text message, Pep Chat, Bitdle Messenger, WhatsApp, email, or other electronic mediums that would depend on the contact details of Users and their customers provided on the Platform.
At the time of creating or uploading the first Transaction Information with respect to their customers, the User shall inform such customers of its use of the Platform to record such Transaction Information and Transaction Information related to future transactions and seek such customer’s express consent in this regard and to:
The creation of a profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with the Company;
- Information relating to their transactions recorded on the Platform;
- Requests for payment;
- Information about the Company and the Services;
- Promotional offers and services from the Company and its third-party partners, and
- Any other matter in relation to the Services.
If such customers fail to provide consent, or withdraw consent, the User shall immediately cease to use the Services in relation to such customers.
The User shall be solely responsible for obtaining such consent from its customers and the Company shall assume that such consent as required under clause 5(b) above is sought and received by the User if the User provides details of such Transaction Information relating to any of such customers at any time during the use of the Platform.
Some of our services give you the opportunity to make your content publicly available — for example, you might post a product or restaurant review that you wrote, you might upload a blog post that you created, or You may use your Content to promote your business or artistic enterprise.
If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the Pepkart Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, including spam and malware.
- See the Permission to use your content section for more about your rights in your content, and how your content is used in our services.
- See the Removing your content section to learn why and how we might remove user-generated content from our services.
If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we suspend or close the Pepkart Accounts of repeat copyright infringers as described in our Copyright Help Center.
Some of our services include content that belongs to Pepkart — for example, many of the visual illustrations you see in Pepkart services or platforms. You may use Pepkart’s content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please see the Pepkart Brand Permissions page.
Finally, some of our services give you access to content that belongs to other people or organizations — for example, a store owner’s description of their own business, or a newspaper article displayed in Pepkart News. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect Pepkart’s views.
Consent/ License to use data.
- By providing Content/information to the Service, you grant to Pepkart an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers) license to use that all Content/information (including to reproduce, distribute, prepare derivative works, display, and perform it). Pepkart may only use that Content in connection with the Service and Pepkart’s (and its successors and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.
- You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
- The Company may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
- Subject to applicable laws, the Company may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.
How we may use information you provide to us
We will be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information. We assume no obligation to protect confidential or proprietary information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction.
Loss of data, content and functionality
Cancellation of your User Account, Pepkart Services or Third Party Services associated with a User Account (at your request or at Pepkart's discretion) may result in the loss of certain content, components or functionality of your User Account, including User Content, End User data or other data about use that is stored therein, as well as including the reservation or registration of a domain name that was part of the relevant Services (“Loss of functionality”). Pepkart assumes no responsibility whatsoever for Loss of Functionality or for the maintenance or backup of your User Account, User Content or End User data. Please also note that additional Fees may apply for reactivating a User Account and / or Pepkart Services after their cancellation (in Pepkart's sole discretion).
Third Party Services
The Pepkart Services allow you to engage and receive certain third-party services, products and tools to enhance the capabilities of your User Platform and the overall experience of using the Pepkart Services, including, without limitation, domain registrars from which you can purchase a domain name for your User Website. third party applications and widgets offered through the Pepkart, Third Party Licensed Content, Multimedia Distribution Services, Ecommerce Service Providers, Merchandise Merchants, Third Party Designers who can help you work with User platform, etc. (collectively “Third Party Services”).
- The Services may include services, content, documents, information, multimedia distribution services, ecommerce service providers and merchandise merchants owned by, licensed to, or otherwise made available by a third party or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third-Party Services is solely at their own risk.
- You acknowledge and agree that regardless of the form in which the Services of third parties are offered to you (coming together or additionally included in the certain Pepkart Services or Products, separately by Pepkart or by persons certified and authorized by Pepkart, or otherwise in one way or See other section of the Pepkart Services), Pepkart acts solely as an intermediary platform between you and the relevant Third Party Services, does not endorse the relevant Third Party Services in any way, and assumes no responsibility, or liability in connection with the Third Party Services. Pepkart does not control and is not responsible for your interactions and operations with the Services of third parties. The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
You agree that such services may require you to pay additional fees to Pepkart and / or to third party providers of such Services.
IPR & Software in Pepkart services
We build security into our services to protect your information.
Some of our services include downloadable software. We give you permission to use that software as part of the services.
- Worldwide, which means it’s valid anywhere in the world
- Non-exclusive, which means that we can license the software to others.
- Personal, which means it doesn’t extend to anyone else.
- Non-assignable, which means you’re not allowed to assign the license to anyone else.
Subject to your compliance with all Pepkart Terms and the timely payment of the applicable Fee, when you create your User Account and throughout the entire period of receiving the Pepkart Services, Pepkart grants you a non-exclusive, non-transferable and sublicense revocable limited license to use the Pepkart Services and Licensed Content to create and displaying your User Platform to End Users and offering your User Products (as defined below) and services through this User Platform, solely in accordance with the Pepkart Terms and within the Pepkart Services.
Some of our services include software that is offered under open-source license terms that we make available to you. Sometimes there are provisions in the open-source license that explicitly override parts of these terms, so please be sure to read those licenses. When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings.
- All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by the Company. Subject to compliance with these Terms, the Company grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
- The User should assume that everything the User sees or reads on the Platform is protected under the Indian Copyright Act, 1957 and other intellectual property laws of India and may not be used except with the prior written permission of the Company.
- The Company may freely use, copy, disclose, publish, display, distribute without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights.
- Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Company’s or any third party’s intellectual rights.
- The contents of this Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform and the same belongs to the Company and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the Company.
Pepkart respects the intellectual property rights of others, and we expect our User(s) and their customers to do the same. User(s) and their customers agree to not copy, download or reproduce the Pepkart’s app, site, platform or any of its service Content, Information or any other material, text, images, video clips, directories, files, any form of datas, programs, or listings available on or through its services ("Pepkart Content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with Pepkart, or otherwise commercially exploiting the Pepkart Content unless otherwise agreed between the parties. Systematic retrieval of Pepkart Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Pepkart is prohibited.
In addition, use of the Pepkart Content for any purpose not expressly permitted in this Agreement is prohibited and entitles Pepkart to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of Pepkart's Services, they will not use Pepkart’s Services to infringe the intellectual property rights of any third parties in any way. Pepkart reserves the right to terminate the right of any User(s) to access or use Pepkart’s Services for any infringement of the rights of third parties in conjunction with use of the Pepkart’s Service, or in the event Pepkart is of the believes that User(s) conduct is prejudicial to the interests of Pepkart, its affiliates, or other User(s), or for any other reason, at Pepkart’s sole discretion, with or without cause.
In case of problems or disagreements
By law, you have the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong. These terms do not limit or take away any of those rights. For example, if you are a consumer, then you continue to enjoy all legal rights granted to consumers under applicable law.
Disclaimers and Warranties
- The use of the Services is at your sole risk.
- To the extent permitted by applicable law, the Services are provided on an “as is”, “as available” and “With all defects” basis. The Company does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
- To the fullest extent permissible under applicable law, the Company expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, any user(s) or their customer activity, and any warranty that may arise out of course of performance, course of dealing, or usage of trade. We shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
- Any information or advertisements contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on the Pepkart, or its app, website, platforms, or any offer displayed on or in connection with any service offered on Pepkart’s service is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. Pepkart does not represent, warrant, or endorse in any manner the accuracy or reliability of the Information, or the quality of any products and/or services obtained by the User(s) or their customers as a result of any of our service Information.
- You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that the Company shall have absolutely no liability with respect to the same.
- To the fullest extent permissible by law, the Company, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
- your use of inability to use, or availability or unavailability of the Services, including any Third-Party Services.
- The occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to the Company’s records, programmes, services, server, or other infrastructure relating to the Services; or
- The failure of the Services to remain operational for any period of time.
- Notwithstanding anything to the contrary contained herein, neither the Company nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the Company, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, partners, agents, and resellers, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
- User(s) hereby further agree to indemnify and save Pepkart, its affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on Pepkart r its affiliates. User(s) hereby further agree that Pepkart or its affiliates is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). Pepkart reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with Pepkart in asserting any available defences.
These terms only limit our responsibilities as allowed by applicable law. Specifically, these terms don’t limit Pepkart’s liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or wilful misconduct.
Other than the rights and responsibilities described in this section (In case of problems or disagreements), Pepkart won’t be responsible for any other losses, unless they’re caused by our breach of these terms or service-specific additional terms.
- You’ll indemnify Pepkart and its directors, shareholders, officers, employees, contractors, subsidiaries, affiliates, and their officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives harmless from and against any claim, regardless of whether the claim asserted is based on warranty, contract, any other legal theory, or demand, lawsuits, judicial proceeding, fines, litigation costs, legal fees, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms or any infringement or legal proceedings by any third party (including actions by government authorities) who may use your account with the Company, of these Terms.
- Pepkart won’t be responsible for the following liabilities:
- Loss of profits, revenues, business opportunities, goodwill, or anticipated savings
- Direct, indirect, incidental, or consequential loss
- Errors or inaccuracies in the content
- Unauthorized access to or use of our services and / or personal information and / or other information stored on them;
- Interruptions or termination of communications with the Pepkart Services;
- Using or displaying Content or User Content posted or transmitted, including by email, or otherwise provided through the Pepkart Services;
- Events beyond the control of Pepkart, including Internet or hardware outages, power outages, strikes, labour disputes, riots, riots, civil unrest, lack of labour or materials, fires, floods, hurricanes, earthquakes, explosions, natural disasters, wars, terrorist attacks, intergalactic battles, government actions, orders from courts, government agencies or tribunals, or non-fulfilment of obligations by third parties; and / or
- Inability to use, loss of data, loss of profits, damage to reputation or other non-pecuniary damage arising from the use or inability to use any or all of the Pepkart Services. including Internet or equipment outages, power outages, strikes, labour disputes, riots, riots, civil unrest, lack of manpower or materials, fires, floods, hurricanes, earthquakes, explosions, natural disasters, wars, terrorist attacks, intergalactic battles, actions of the government, orders of courts, state bodies or tribunals or non-fulfilment of obligations by third parties.
You acknowledge and agree that this limitation of liability is an allocation of risks agreed between the parties, which is, in part, a counter-provision for the services you receive from Pepkart, and this limitation will apply even if Pepkart has been advised of the possibility of such liability.
If you are legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.
Taking action in case of problems
- Cause harm or liability to a user, third party, or Pepkart
- Violate the law or a legal enforcement authority’s order.
- Compromise an investigation.
- Compromise the operation, integrity, or security of our services.
Removing your content
If we reasonably believe that any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Pepkart, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, and content that infringes someone else’s intellectual property rights.
Suspending or terminating your access to Pepkart services
- You materially or repeatedly breach these terms, service-specific additional terms or policies.
- We are required to do so to comply with a legal requirement or a court order.
- We reasonably believe that your conduct causes harm or liability to a user, third party, or Pepkart — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that does not belong to you.
If you believe your Pepkart account has been suspended or terminated in error, you can appeal. Of course, you are always free to stop using our services at any time. If you do stop using a service, we would appreciate knowing why so that we can continue improving our services.
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. The Company shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
The Company reserves the right to charge a convenience fee for the solutions, product, services, handling and maintenance and non-payment may result in denial of Services. The price is in INR or USD for each solutions, product, or service. In applicable cases government Cess, TDS and any other taxes will be charged extra. If you have any clarifications, please do contact us. Annual maintenance & handling charge for each Pepkart or its affiliate’s service would be an extra. The said price may vary as when required.
At Pepkart's discretion, certain fees may apply (“Paid Services” and “Fees”, respectively) for use of certain Pepkart Services. Pepkart will notify you of the Fee due for the applicable Paid Services. If you want to receive or use Paid Services, you will need to pay the established.
Pepkart reserves the right to change the Fee by giving you notice if such change affects your existing subscriptions. If you received a discount or participated in a promotion, Pepkart has the right to automatically and without notice renew your subscription to the applicable Pepkart Service (s) subject to the full and non-discounted full specified Fee.
All Fees are in US dollars unless otherwise expressly indicated in writing by Pepkart. Unless otherwise provided by law (and is not specified in writing by Pepkart), Fee does not include taxes (including value added tax, sales tax, tax on goods and services, etc.), duties and taxes levied by tax authorities (“Taxes”), and you will be responsible for all applicable Taxes in connection with your use of the Pepkart Services, or payments or purchases. If Pepkart has an obligation to collect and pay Taxes in respect of a Fee you make, regardless of whether or not you have been charged or levied the applicable Taxes in prior transactions, these Taxes may be levied upon crediting the Fee and will be reflected in the Invoice for the corresponding transaction. We recommend that you check for yourself are there any additional fees and charges that may be charged by third parties in connection with the purchase or renewal of Paid Services (such as fees for making international payments, fees for currency exchange, or fees charged by banks and credit card companies). Pepkart is not responsible for such additional fees and costs.
By registering and providing the information necessary to receive Paid Services, you also authorize Pepkart (directly or through its affiliates or subsidiaries or third parties) to request and deduct the fee and service fee (or otherwise deduct, provide a refund, or take other actions, billing) from our payment service provider or the bank account you specify, and request information that Pepkart or its affiliates deem necessary to verify your specified bank account and financial information provided to ensure timely payment, including for Receive up-to-date payment information from your billing provider, credit card provider, or bank account (for example, up-to-date information on the expiration date of the card or card number, which can be provided by the company that issued your credit card). The card, the details of which you provide to pay for services, (“Saved Card”) must be in your possession. You can identify the Saved Card by the last four digits on the profile settings page.
Pepkart offers you multiple payment options both online and offline however Pepkart reserves its right to add or delete any mode of payment without any prior notice.
- Payment once remitted shall not be refunded at any cost.
- The server that we are providing is free for a particular/usage limit. Once the limit is crossed there will be charges applied. If the client fails to pay the same the services enjoyed by the client will be affected.
- Our products and service (If any) payment, installation cost, renewal payment, handling charges or any other related cost/ amount is not beard by the client at any given point. The same service/ products (if any) will be barred. The client cannot claim any kind of right or ownership for the service or products provided by Pepkart or its affiliates to the client in any form. Every year Pepkart products, service, and solution’s renewal subscription fees had to be paid.
- Pepkart has the right to offer Pepkart services on alternative pricing plans and to impose various restrictions on the download, storage and use of Pepkart services in each of the aforementioned pricing plans, including but not limited to network traffic and bandwidth limits, Content size and / or length, quality and / or Content format, Content sources, download times, number of subscribers to your Content, etc.
Further Pepkart does not offer any guarantees or warranties on the products or services displayed or listed on Pepkart (“Services”) or its affiliates and is not liable for any relevant transaction between the User(s), including transactions involving sale of any products and service.
Subscription renewal in automatic mode
In order to prevent interruptions in the provision of services or the loss of the ability to use them, a number of Paid Services provide an automatic renewal option by default, according to which, if you do not disable the automatic renewal option, such Paid services are automatically renewed at the end of the corresponding subscription period for the renewal period. equal to the period of the original subscription (excluding extended periods), and, unless you have been notified otherwise, at the same price (excluding the discount or other promotional offer provided for the first period; applicable taxes such as VAT may change) (“Renewal of Paid Services"). For example, if the initial subscription period for the Service is one month, then each time (where applicable) the Service will be renewed by one month. Accordingly, if necessary, Pepkart will attempt to automatically deduct the established Fee from the Saved Card within two (2) weeks prior to the start of the new subscription period, using the payment method that Pepkart already has. If it is impossible to debit the Fee due, we may (but are not obliged), at our sole discretion, to try again to debit the Fee later and / or suspend or cancel your User Account without further notice. If Renewal of Paid Services is billed annually or every multiple years, Pepkart will endeavor to provide you with notice of renewal of such Paid Service no later than thirty (30) days prior to the renewal date.
You can turn off the option to automatically Renew Paid Services at any time through your User Account or the Pepkart Help Center.
Certain domains are subject to renewal in a different manner as specified in the Domain Name Registration Agreement.
Notwithstanding anything to the contrary set forth above, you are solely responsible for verifying and ensuring that the Pepkart Services you use are successfully renewed (whether or not those Pepkart Services are subject to automatic renewal). Accordingly, you are solely responsible for the termination of previously purchased Pepkart Services, including due to their disconnection, the inability to charge the due subscription fees, or due to the fact that certain Pepkart Services are not automatically renewable. You acknowledge and agree that you will not have any claims against Pepkart in connection with the termination of the provision of Pepkart Services or Third Party Services, regardless of the reasons for the termination.
If we record a refusal to process a payment, protest your bank card payment or otherwise refuse to write off funds towards making a Payment for your User Account (“Refusal to pay”), such an action will be considered a violation of your payment obligations under these Terms. use, and your access to the Pepkart Services may be automatically disabled or terminated.
If you have any questions or concerns about a payment made to Pepkart, we urge you to contact our support staff before refusing a payment or paying back in order to prevent disabling the Pepkart Services and blocking your User Account, and to avoid an unjustified or erroneous Refusal of Payment, which could result in a debt owed by you for the Fee determined in respect of such Refusal of Payment, along with the re-payment of the Fee established for the Pepkart Services you purchased that you opted out of. We reserve the right to dispute the Cancellation of Payment, including by providing your credit card company or financial institution with information and documentation confirming that the User who made the Cancellation of Payment in fact authorized the relevant transaction and used the services provided after it. holding.
Confirmation and guarantees of electronic commerce
- You are solely and solely responsible for all taxes and fees of any nature related to your e-commerce activities, including the purchase or sale of User Products, and for collecting, reporting and remitting correct amounts to the appropriate authorized bodies and / or informing its end users about it and providing them with a properly executed invoice in accordance with the requirements of the law;
- Any taxes shown in the e-commerce tools provided to you by Pepkart are for illustration purposes only and should not be relied upon;
- You are responsible for and bear all costs of acquiring and shipping your Custom Products and delivering them safely and professionally in accordance with industry standards;
- You are solely responsible for any of your statements and promises, as well as for any help, warranties and support in relation to User Products, and you agree to provide valid contact information on your User Platform to receive questions, complaints or complaints from users;
- You may not offer or sell User Products or provide information, Content or materials about them that may be considered dangerous, counterfeit, stolen, fraudulent, offensive; sale, distribution or use of which is prohibited; or that otherwise violates applicable law, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, service and export;
- Pepkart may, at any time and in its sole discretion, suspend or block access to your User Platform and / or remove it and / or any User Products - whether added, published or integrated into your User Platform during that time. without liability to you or end users, including for the resulting loss of bandwidth.
Our failure to enforce any provision of the Terms or respond to a breach by you shall not in any way waive our right to enforce subsequently any provision of the Terms or to act with respect to similar breaches.
This agreement constitutes the entire agreement regarding the Website, application, Platform, or any of Pepkart services and its contents, and supersedes any prior or contemporaneous oral and written communications, agreements, understandings, promises, terms, conditions and representations between you and us regarding the Website, application, Platform or any of Pepkart services and its contents. You also agree that you are not guided by any promises, encouragements, representations, representations, disclosures or any obligation to disclose information on the part of Pepkart in concluding the Pepkart Terms.
Reserved Rights of Pepkart
We may discontinue this Website, application, platform, or any of Pepkart or its affiliate’s services and products at any time and for any reason, without notice. All rights not expressly granted herein are hereby reserved to us.
We shall not be liable for our inability or delay in performing any of our obligations hereunder if such delay is caused by circumstances beyond the reasonable control of Pepkart or its affiliates including delay caused through flood, riot, Act of God, lightning, civil commotion, storm, tempest, and earthquake.
Jurisdiction, dispute resolution, governing law
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Kochi shall have exclusive jurisdiction over all issues arising out of these Terms, service specific additional terms, or the use of any Services regardless of conflict of laws rules.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Kochi, Kerala in accordance with the Arbitration and Conciliation Act, 1996(26 of 1996) for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the Company. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
To the extent that applicable local law prevents certain disputes from being resolved in a Kerala court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying law to resolve these disputes, then these disputes will be governed by the applicable local laws of your state, or other place of residence.
Also, any doubt or argument pertaining any kind of disputes shall be referred to the Pepkart or its affiliates and any decision taken by the us in respect of the dispute shall be binding to all irrevocably.
About these terms (Terms & termination)
By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.
These terms describe the relationship between you and Pepkart. They do not create any legal rights for other people or organizations, even if others benefit from that relationship under these terms. This terms/agreement shall be binding subject to the Pepkart policies from time to time on the Parties, their successors in interest, and present and future Affiliates, Subsidiaries, assignees, or acquirers, including any acquirer of substantially all of the assets of a Party.
We want to make these terms easy to understand, so we have used examples from our services. But not all services mentioned may be available in your country.
These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
If these terms conflict with the service-specific additional terms, the additional terms will govern for that service.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
All calls to Pepkart are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Pepkart may be monitored and recorded.
The Company may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion without any compensation, if the User violates or breaches any of its obligations, responsibilities, or fails to comply with any one or more or all of the terms and conditions, or covenants under these Terms. If you do not follow these terms or the service-specific additional terms, and we do not take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.
Upon termination these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
These terms shall be effective form the date and time of your acceptance of the Terms of the Website, application, platform, or any of the Pepkart service and products and remain in force unless and until terminated by either of us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Pepkart. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Pepkart, such termination will be without any liability to us. Upon any termination of the User Agreement by either of us, you must promptly destroy all materials downloaded or otherwise obtained from Pepkart, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website, application, platform, or any of the Pepkart service and products or affect any liability that may have arisen under the User Agreement.
It is also clarified that, if there are any issues or claims due to your posts by any means of way, then Pepkart reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Pepkart against such claims or damages or any issues, due to your posting of such things Pepkart takes no responsibility and assumes no liability for any content posted by you or any third party on Pepkart apps, sites, platforms or on any mediums of Pepkart. You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching, or attempting to breach the security of our platform or any services or any of the mediums of Pepkart.
We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change these terms or service-specific additional terms, we will provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you do not agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Pepkart Account.
The Company reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
You shall not licence, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without the Company’s prior written consent. The Company may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The Company may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you. Any attempt to transfer or actually transfer your rights or obligations in the absence of Pepkart's prior explicit and written consent is void.
All notices, requests, demands, and determinations for the Company under these Terms (other than routine operational communications) shall be sent to feedback@Pepkart.com
Third Party Rights
No third party shall have any rights to enforce any terms contained herein.
The Company may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.
"You"/ "User" shall mean the end user and their customer accessing the Website, Application, Platform, or any of Pepkart or its affiliate’s services and its contents and using the services offered through the Website, Application, Platform or the Pepkart services.
Further, it shall mean the service provider/ merchant/ entity are independent contractors/ entity and not employees of Pepkart or its affiliates. As independent contractors/entity, they have the flexibility to set their own product price, hourly rates, schedules, work areas and terms and conditions.
It also shall mean the Partner, Reseller, Distributor, Marketer or Any Agents who sell or provide our service and products to the end user. Whereas the Partner, Reseller, Distributor, Marketer, Agents, or any Person is carrying on the business of marketing of various products and services in target market and are having experience in the field of marketing (See additional terms for the Pepkart Partners “Covenants by Partner, Reseller or Marketer”).
"Pepkart"/ "we"/ "us"/ "our" shall mean Pepkart Private Limited or its affiliates, franchisees, service providers, successors and assigns "Site" means various web platform owned and operated by Pepkart Technologies Pvt Ltd. ("Pepkart"), which provides a venue to the users of Pepkart to use various services and products.
"Customer"/"Buyer" shall mean the person or any legal entity who access the Website, Application, Platform, or any of Pepkart services and places an order/booking or purchases any products /services from the users who listed their services and products.
“User Products” shall mean products or services offered by user. The Pepkart Services include certain features that allow you to sell products, content, media, tickets to events and services through a user platform (“User Products”, collectively “Ecommerce”).
You are solely responsible for your User Products and e-commerce activities and for any promotions and Content contained or referenced on your User Platform and for complying with any laws that apply to them. We only provide you with a platform for you to manage your e-commerce activities. We are not involved in your relationship and / or any transactions with actual or potential buyers of your custom products.
When someone purchases your Custom Products, payments for such transactions will be processed through Pepkart Payments or through a third party payment service provider (“Payment Service Providers”).
Payment service providers
"Acceptance" shall mean your affirmative action in clicking on "check box"™ and on the "continue button as provided on the registration page or clicking on
"Pay Now" button while transacting as User or such other actions that implies your acceptance.
“Service Charge” Depending on your service, product or plan, Pepkart may charge a service fee when selling service and products to users/customers. You hereby agree to pay such fees as requested by Pepkart and authorize Pepkart to instruct its payment processing partners or your Payment Service Provider (if applicable) to deduct such service fees from your respective transactions, or otherwise collect such service fees.
"Product" shall mean the Products offered for sale on the website and application from time to time.
"Delivery" shall mean the physical delivery of goods under your order placed.
"Price" means the price communicated at the time of order and confirmed by us.
"Payment Facility" shall mean applicable mode of payments made available to User from time to time.