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Terms And Conditions

User Terms:

These terms of use (“Terms of Use”) mandate the terms on which users (“You” or “Your” or “Yourself” or “Users”) interested in browsing or availing VCart Services (defined below), and accessing the platform www.v-cart.shop and the mobile application owned and operated by Creatize Technologies Private Limited (“VCart”) collectively referred to as, the “Platform” connects with the merchants registered on the Platform (“Tied-up Merchants”), merchants not registered on the Platform (“Non-tied up Merchants”) (together hereinafter referred to as “Merchants”) and with delivery partners (“Delivery Partners”) to avail the VCart Services.

Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform. By clicking on the “I Accept” button, You accept these Terms of Use and agree to be legally bound by the same.

Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions, and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by VCart at its sole discretion and posted on the Platform from time to time.

For the purposes of these Terms of Use, the term ‘VCart’ or ‘Us’ or ‘We’ refers to Creatize Technologies Private Limited. The term ‘You’ refers to the user or visitor of the Website and/or App. When You use our services, You will be subject to the terms, guidelines, and policies applicable to such service and as set forth in these Terms of Use. 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 our Platforms and services.

PART A – GENERAL TERMS RELATING TO VCart SERVICES

 

  1. Registration:
  2. You shall be permitted to access the Platform, avail the VCart Services, and connect with Merchants and Delivery Partners on the Platform only upon creating an Account (as defined below) and obtaining registration on the Platform. Your ability to continue using the Platform and VCart Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information, including your name, contact details, and a valid phone number, while registering on the Platform.
  3. As part of the registration, You may be required to undergo a verification process to verify Your personal information and set up the Account. VCart shall have the right to display the information, feedback, ratings, reviews, etc., provided by You on the Platform. You agree and accept that as of the date of Your registration on the Platform, the information provided by You is complete, accurate, and up-to-date. In the event of any change to such information, You shall promptly inform VCart of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that VCart has not independently verified the information provided by You.

VCart shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if VCart has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, VCart reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.

  1. VCart Services:
  2. The Platform provides You with the following services (“VCart Services”):
  3. It allows You to connect with Merchants and Delivery Partners;
  4. It allows You to view the items/services (“Items”) listed on the Platform by the Tied-Up Merchants;

iii. It allows You to purchase Item(s) from the Tied-Up Merchants listed on the Platform and allows You to get the Items delivered to You through Delivery Partners (“Purchase Services”);

  1. It allows You to purchase Items from Non-Tied Up Merchants and get the same delivered to You by the Delivery Partners (“Delivery Services”);
  2. It allows you to pick up- and drop off packages from 1 (one) location to the other through the Delivery Partner (“Pick Up and Drop Off Services”);
  3. It allows You to avail the bike taxi service provided by the Delivery Partners (“Bike Taxi Services”);

vii. It allows You to avail the bike pool/share service provided by other Users, registered as Pool Partners (“Bike Pool Services”);

viii. It allows You to give ratings, write comments and reviews about Delivery Partners and Merchants;

  1. It facilitates improvement in the quality of the services provided by VCart on the Platform based on User ratings, reviews, and feedback provided on the Platform.
  2. Once the Delivery Services/Purchase Services/Pick-Up and Drop Off Services/Bike Taxi Services/Bike Pool Services have been completed or delivered, as the case may be, You shall promptly notify the same on the Platform.
  3. VCart may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw, or alienate any of the VCart Services listed above from time to time. VCart does not provide any guarantee to You that the VCart Services will be made available to You at all times.
  4. You hereby agree and acknowledge that VCart is only a facilitator between You, the Merchants, and Delivery Partners (as the case may be) and VCart only provides You with access to the Platform to connect with Merchants and Delivery Partners for You to initiate transactions on the Platform. You hereby agree and acknowledge that VCart will not be a party to any of the transactions that are initiated by You through the Platform, and VCart shall not be liable in any manner or incur any liability with respect to the services performed by the Merchants or the Delivery Partners, as the case may be. Further, You hereby agree and acknowledge that VCart shall not be liable for the conduct, acts, and omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their services to You or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Merchants or the Delivery Partner, as the case may be.
  5. You shall be eligible to avail the VCart Services as per applicable laws. If You are purchasing any medicinal product using the Platform, for which You are required to have a valid prescription from a medical practitioner, You shall ensure that the physician, as far as possible, prescribes drugs with generic names and that he/she ensures there is a clear prescription, and will upload the same on the Platform while initiating a transaction with respect to the same on the Platform. Failure to do the same shall result in cancellation of the transaction. Only upon verification of the medical prescription will You be able to avail the VCart Services for purchasing the required medicines.

In case of Purchase Services, it is the duty of the Tied-Up Merchants to share the updated Item list along with its prices on the Platform. VCart shall not be responsible for any inaccurate Item listing on the Platform. Further, You hereby agree and acknowledge that for certain Items (Items that are perishable in nature or Item whose price varies periodically), it may not be possible for the Tied-Up Merchants to list out the exact price or prices of such Items on the Platform. The above shall also be applicable to the provision of Purchase Services. In such cases, the Delivery Partner upon reaching the Merchant outlet shall intimate You about the Item price, and You shall be required to confirm the purchase of the Item and make the payment for the same to complete the transaction. However, if You do not confirm the purchase of the Item and do not make payment for the Item, You shall pay such fees as may be communicated to You on the Platform for the efforts of the Delivery Partner.

  1. You shall not initiate any transaction for any Item on the Platform that is illegal, immoral, unethical, unlawful, unsafe, contains harmful substances, or is in violation of this Terms of Use and applicable laws. You specifically agree that You shall not initiate any transaction on the Platform for the purchase or delivery of any alcoholic beverages, narcotic drug, or psychotropic substance, etc. Further, You hereby acknowledge and agree that VCart shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform.
  2. VCart does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Delivery Partner, and therefore VCart shall have no liability with respect to the same. However, if it comes to the knowledge of VCart that You have packaged any illegal or dangerous substance or availed the Pick- up and Drop Off Services using the Platform to deliver any illegal or dangerous substance, VCart shall have the right to report You to the government authorities and take other appropriate legal actions against You.
  3. You hereby acknowledge that VCart shall not be liable for any damages of any kind arising from Your use of the VCart Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
  4. VCart shall be entitled at any time without giving any reason to terminate Your request for any VCart Service.
  5. You hereby agree that VCart shall not be liable for any conduct or misbehavior or actions of the Delivery Partner with respect to any transactions initiated on the Platform. Further, You agree that VCart has no control over the Items provided to You by the Merchants and therefore, VCart shall not incur any liability with respect to such Items. However, keeping in mind the interests of the Users, We have informed our Merchants to ensure that Items are packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging.
  6. You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Delivery Partners around Your area at the time of such scheduling and re-scheduling a transaction. Should You choose to reschedule a transaction on the Platform at a later point in time, You shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per Your convenient time.
  7. If a transaction initiated by You on the Platform cannot be completed, VCart shall notify You on the Platform.
  8. You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to purchase/avail, using the Platform.
  9. VCart shall use Your location-based information that is captured by VCart through the global positioning system when You are using Your mobile device to request a VCart Service on its m-app. Such location-based information shall be used by VCart only to facilitate and improve the VCart Services being offered to You.
  10. We can’t fulfil any tasks which are immoral or unlawful in nature. VCart reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by VCart’s internal policies or as per the independent discretion of VCart. VCart may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are a party.
  11. You understand and acknowledge that VCart by itself does not sell or provide any such Items. VCart is not responsible for the quality, merchantability, or fitness of such Items. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to the purchase or sale of any product from any Merchant, You may contact VCart support for routing your grievances to the Merchant through the Platform.
  12. You hereby acknowledge that if You have any complaint with respect to the VCart Services, You will first inform VCart in writing within 24 (twenty-four) hours of using such VCart Services.
  13. User Information
  14. You are solely responsible for and in control of the information You provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by VCart. Further, You understand and agree that certain information will be case sensitive and must be handled with prudent care.

 

  1. In the case where the Platform is unable to establish a unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. VCart reserves the full discretion to suspend a User’s Account in the above event and does not have the liability to share any Account information whatsoever.
  2. Payment Terms
  3. Purchase Services: While initiating a request for a Purchase Service, You shall pay for the price of the Items You require the Delivery Partners to deliver to You from the Tied-Up Merchant. The transaction for the Purchase Service will be initiated on the Platform once You have completed the payment for the same on the Platform. In certain exceptional circumstances, if the purchase price of the Item is not available on the Platform, You shall be required to pay the purchase price of the Item, through the Platform, as may be communicated to You by the Delivery Partner, prior to the Delivery Partner undertaking Purchase Service.
  4. Delivery Services: While availing Delivery Service, You shall pay the purchase price of the Item through the Platform, as may be communicated to You by the Delivery Partner on behalf of the Non-Tied up Merchant. Only upon processing such agreed amount via Platform, shall the Delivery Partner purchase the Item on Your behalf.
  5. Pick Up and Drop Off Services: While initiating a request for a Pick Up and Drop Off Service, You shall pay the service fees for availing the Pick Up and Drop Off Service, as may be displayed to You on the Platform. Only upon making such payment will the Delivery Partner initiate the Pick Up and Drop of Service.
  6. Bike Taxi Service: While initiating a request for Bike Taxi Services on the Platform, You shall pay the service fees for availing the Bike Taxi Services, as may be displayed to You on the Platform. Only upon making such payment will you be eligible to avail the Bike Taxi Service.
  7. Bike Pool Service: While initiating a request for Bike Pool Services on the Platform, You shall pay such fare (calculated basis journey distance and time) for availing the Bike Pool Services, as may be displayed to You on the Platform. Only upon making such payment will you be eligible to avail the Bike Pool Service.
  8. Service Fees: With respect to Delivery Services and Purchase Services, You will be charged separate service fees (“Service Fees”). The Service Fees shall be paid prior to availing any of the VCart Services.
  9. You agree that VCart may use certain third-party vendors and service providers, including payment gateways, to process the payments made by You on the Platform.
  10. Rating
  11. You agree that: (i) after the completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and comments about the Delivery Partner (with respect to the services performed by the Delivery Partner) and Merchants (with respect to the Items sold/provided by them); and (ii) the Delivery Partner and the Tied-Up Merchants may also be prompted to rate You on the Platform. Based upon such Delivery Partner and Merchant ratings, Your rating score on the Platform will be determined and displayed.
  12. VCart and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of VCart and its affiliates without attribution to or approval of Users and You hereby consent to the same. VCart and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or VCart’s or its affiliates’ content policies.
  13. Location: You acknowledge and agree that Your geo-location information is required for You to avail the VCart Services and initiate transactions on the Platform. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, VCart may share Your geo-location information with Delivery Partners and Merchants (as the case may be).