Terms & Conditions of use :

PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF DRISHTIKART) AND DRISHTIKART, AND GOVERN YOUR USE OF THE DRISHTIKART NETWORK. BY CHECKING/CLICKING ON THE 'TERMS OF USE' LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR USING THE DRISHTIKART WEBSITE, YOU INDICATE ACCEPTANCE OF THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS, YOU SHOULD NOT CHECK ON THE 'TERMS OF USE' LINK AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE DRISHTIKART SERVICES.

This Terms is an electronic record in terms and compliance with Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000, from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This Terms is published in accordance with the provisions of Rule 3 (1) of the Information Technology Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website.

For the purpose of these Terms, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing registration data while registering on the Website as Registered User using the computer systems or any other similar or internet enabled devices. Drishtikart allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean DRISHTIKART.

Your use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You make any transactions on the Website, You shall be subject to the policies that are applicable for such transactions. By mere use of the Website also, You shall be contracting with DRISHTIKART and these terms and conditions including the other policies constitute Your binding obligations with DRISHTIKART

General :

The domain name www.drishtikart.com
(herein referred to as "Website") is owned by Drishtikart, a proprietorship company with its Registered Office at 31/3, Barasat Road, Barrackpore, Kolkata - 700122, West Bengal.

When You use any of the services provided by Us through the Website (including Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time with or without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes and prior to any use of it. Your continued use of the Website following the posting of changes shall mean that You accept and agree to the revisions made therein. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website and services provided thereunder.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES THAT YOU AGREE TO ALL THESE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

Eligibility of use :

Use of the Website is available only to persons who can enter into legally binding contracts under Indian Contract Act, 1872. The services on the Website is not available to minors under the age of eighteen (18) or available only under their guardian supervision and not available to any Users suspended or removed from the DRISHTIKART system for any reason, whatsoever. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website.

DRISHTIKART reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time with or without according any reasons for doing so. You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to any another person or entity.

User Account, Password and Security :

You may access and use the Website and the services either as a registered user or as a guest user. However, guest users may not have access to all sections of the Website and services. You shall ensure that the Account information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account information for availing the services is expressly prohibited. If You use the Website, You shall be responsible for maintaining the confidentiality of your user name and password and You shall be responsible for all activities that occur under your user name and password. Please ensure that the details You provide to us are correct and complete and You shall inform us immediately of any changes to the information that You have provided while registering. DRISHTIKART reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time, at its sole discretion, with or without notice to You.

Services :

The Website is an electronic platform in the form of an electronic marketplace and act as an intermediary that (a) provides a platform to Users (who are sellers) to advertise, exhibit, make available and offer to sell various products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The services are offered to the Users through various modes which may include issue of coupons and vouchers etc. that can be redeemed for various products.

Communications

When You use the Website or send emails or other data or information or communicate with DRISHTIKART, You agree and understand that You are communicating with DRISHTIKART through electronic records and You consent to receive communications via electronic records/informations from DRISHTIKART periodically and as and when required. DRISHTIKART will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number or other details provided by You which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

Charges :

DRISHTIKART does not charge any fee or commission for its services on the Website, except for the product bought by the Users. Membership on the Website is free for the Users. DRISHTIKART reserves the right to change its fee policy from time to time. In the event, DRISHTIKART, at its sole discretion, introduces new services or modifies some or all of the existing services offered on the Website, in such an event DRISHTIKART reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.

Payment and Returns :

While availing any of the payment methods available on the Website, DRISHTIKART will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1. Lack of authorization for any transaction/s; or

2. Exceeding the preset limit mutually agreed by You and between "Bank/s"; or

3. Any payment issues arising out of the transaction; or

4. Decline of transaction for any other reason/s.

All payments made against the purchases/services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before shipping / delivering your order to You, seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for your purchase. This is required in the interest of providing a safe online shopping environment to the Users.You agree and acknowledge to provide correct and accurate all information including financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument or payment wallet account details for availing services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or payment wallet which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. DRISHTIKART EXPRESSLY DISCLAIMS ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF YOUR CREDIT/ DEBIT CARD OR PRE-PAID INSTRUMENT ACCOUNT.You hereby specifically authorize DRISHTIKART and/or its third party service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through cash on delivery to and from other Users in respect of transactions through payment facility. Your relationship with DRISHTIKART is on a PRINCIPAL TO PRINCIPAL basis and by accepting these Terms of Use You agree that DRISHTIKART is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Website which are paid for by using the payment facility. DRISHTIKART does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.You understand, accept and agree that the payment facility provided by DRISHTIKART is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit/debit/prepaid card payment gateway networks. Further, by providing payment facility, DRISHTIKART is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price/amount.DRISHTIKART reserves its right to impose limits on the number of transactions or transaction amount which DRISHTIKART may receive from an individual valid credit/debit/ cash card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.DRISHTIKART reserves its right to refuse to process any transaction by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with DRISHTIKART or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.DRISHTIKART may delay notifying the payment confirmation i.e. informing the seller to dispatch, if DRISHTIKART deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction amount. In addition, DRISHTIKART may hold transaction amount and may not inform seller to dispatch or remit transaction amount to law enforcement officials (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.The buyer and seller acknowledges that DRISHTIKART will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction amount or any delay in processing a transaction/transaction amount which is beyond the control of DRISHTIKART.

Use of Website & User's obligations :

DRISHTIKART grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the services provided therein. You agree to use the Website and the services provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website in accordance with these Terms of Use. You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person/company/third party.

During use of this Website, You shall not host, display, upload, modify, publish, transmit, update or share any information which:

belongs to any another person and to which You does not have any right to;

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

is misleading in any way or patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;harasses or advocates harassment of another person;involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

promotes illegal activities or conduct any activity that is abusive, threatening, obscene, defamatory or libelous;

infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

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

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

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

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

tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

engages in commercial activities and/or sales, without prior written consent of the Company, such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website;

solicits gambling or engages in any gambling activity which the Company, at its sole discretion, believes is or could be construed as being illegal;

interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

refers to any website or URL that, at the sole discretion of the Company, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

harm minors in any way or infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

violates any law for the time being in force;

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

impersonate another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;threatens 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;

shall not be false, inaccurate or misleading;

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

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

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

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

You may not use the Website or service for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DRISHTIKART and / or others.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable local laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of the Webiste/ service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

You agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in information shared by You, in any media now known or not currently known. Company may use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

From time to time, You shall be solely responsible for providing information relating to the products or services proposed to be sold/purchased by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not, as a seller, exaggerate or over emphasize the attributes of such products or services so as to mislead Users in any manner.

You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to the Company. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without prior written consent of the Company. In order to protect the Users from such advertising or solicitation, Company reserve its right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period, which the Company deems appropriate in its sole discretion. Company shall have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request for nay reasons including security/investigations reasons. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Company may (and You hereby expressly authorize the Company to) disclose any information received from User to law enforcement or other government officials, as is necessary or appropriate in connection with the investigation and/or resolution of possible crimes/investigations, especially those that may involve personal injury.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between You and such advertiser. Company shall not be responsible or liable for any kind of loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

Other Users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Website and You may be involuntarily exposed to such offensive and obscene materials. It may also be possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. Company does not approve of such unauthorized uses, but by using the Website, You acknowledge and agree that the Company shall not be responsible for the use of any personal information that You publicly disclose or share with others on the Website. Company cautions You regarding the type of information that You publicly disclose or share with others on the Website.

Use of Contents posted :

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively "Content"), is a third party user generated content and DRISHTIKART has no control over such third party user generated Content as DRISHTIKART is merely an intermediary for the purposes of this Terms of Use. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without DRISHTIKART's express prior written consent.

Company reserve its right, but shall have no obligation, to monitor the materials posted on the Website by any User or third parties. Company shall have the right to remove or edit any Content that violates or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use, as may be decided by the Company. Notwithstanding anything stated herein. You shall be solely responsible for the content and/or materials that you post on the website and in your private messages. In no event shall DRISHTIKART assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights/licenses in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Product Description :

DRISHTIKART do not warrant that Product description or other content of this Platform is accurate, complete, current, or error-free and assumes no liability in this regard.