Terms Of Use

 

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Terms Of Use

 

 

1. This agreement (“Terms of Use”) is entered into between Mouncart (hereinafter also referred as the “website” or “we” or “us” or “service”), a registered sole proprietorship firm doing business through www.mountcart.com, having its registered office at “Mountcart”, The Online Store, PP 22/106, Poovachal Jn, Poovachal PO, Trivandrum, Kerala, INDIA 695575 and you (hereinafter also referred to as the “customer”) who access and/or use our website: www.mountcart.com.

 

2. This agreement is legally binding and shall be enforceable through the courts within the territory of India.

 

3. Your access and/or use of our website www.mountcart.com and our services and tools are governed by this “Terms of Use” document. Additionally the “Privacy Policy,” and the “Refund Policy” and the “Payment Options” documents shall also govern the use of our website and services.

 

4. Definitions

The following definitions of words and phrases apply to this “Terms of Use” document. The following definitions also apply to the “Privacy Policy,” and the “Refund Policy” and the “Payment Options” unless the words are expressed defined differently therein.

 

4.1 “access” and all related grammatical variations mean accessing our website: www.mountcart.com through a web browser installed in a desktop computer, laptop, mobile phone, tablet and/or such devices capable of connecting to the internet and accessing the World Wide Web.

 

4.2 “cart” is the collective name given to one or more products placed together for check out during a purchase.

 

4.3 “check out” or “checking out” means the process of submitting the product or list of products that a registered user intents to purchase, to the payment gateway in order to finish shopping for a particular session.

 

4.4 “registration” refers to the process by which a person enrolls with the website to have a personal account with us to make purchases and browse products.

 

4.5 “registration data” refers to all data submitted to us by user while registering with our website.

 

4.3 “using our website” mean registering on our website as a user and/or logging into our website and/or making any purchase of any number of products from us and/or browsing through our website and/or adding products to your cart.

 

4.4 "you" or "user" shall mean any natural or legal person who has agreed to become a user and/or buyer on the website by providing registration data while registering on our website as a registered user.

 

5. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use and/or the “Privacy Policy,” and the “Refund Policy” and the “Payment Options”, 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. Your continued use of our Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to access and use the Website. Any new features or tools which are added to the current website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page.

 

 

6. By agreeing to these Terms of Use, you represent that you have attained the age of maturity as per law and you are competent to form contracts as per the Indian Contract Act, 1872. If you are a minor and incompetent to form contract, you shall refrain from using our website to make any purchase.

 

7. You may not use our products for any illegal or unlawful purpose nor may you, in the use of our website, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

8. You must not transmit any trojans or worms or viruses or any code of a destructive and/or malicious nature.

 

9. We reserve the right to terminate your use and access of our website, with or without notice in case you breach or violate of any of these Terms of Use.

 

10. We reserve the right to refuse service to anyone for any reason at any time.

 

11. You understand that and consent to have your content (not including credit card/debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card/debit card information is always encrypted during transfer over networks.

 

12. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

13. DISCLAIMER: We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more prompt sources of information. Any reliance on the material on this site is at your own risk.

 

14. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.

 

 

 

15. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

16. Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return & Refund Policy.

 

17. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

18. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

19. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

20. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card/debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

21. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

22. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

23. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

 

24. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

25. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

 

26. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

27. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

 

28. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

29. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

30. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

31. In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

32. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

33. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

34. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

35. In no case shall Mountcart, our officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

36. You agree to indemnify, defend and hold harmless Mountcart and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

37. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

38. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

39. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

 

40. These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

 

41. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

42. These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Kerala and the Union of India.

 

 

 

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