This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.ekartlogistics.com (hereinafter referred to as "Website" or “Ekart’s Website”) is owned by Instakart Services Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at Brigade Manae Court, First Floor, No.111, Koramangala Industrial Layout, Bangalore- 560 095, Karnataka, India, (hereinafter referred to as "Instakart").
1. Use of the Website:
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:
1.2.You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
1.3.You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
1.4.You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
1.5.You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Instakart, Ekart,www.ekartlogistics.com, or otherwise engage in any conduct or action that might tarnish the image or reputation of Instakart or Ekart on platform or otherwise tarnish or dilute any Ekart’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 Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Ekart's systems or networks, or any systems or networks connected to Ekart.
1.6.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.
1.7.You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
1.9.You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic 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 Our service. 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.
1.11.Ekart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
2.Ekart username registration:
You may choose to register on the Ekart Website to access interactive features on the website. The Ekart Website username provides you with access to various online services, including but not limited to “Tracking”, “Service Guide” “Merchant detail” and “Recipient details. In the future, Ekart Website may add other features that may be accessed through the Instakart Website username. In such event, previously registered users may or may not be required to re-register for availing services offered by Instakart on Ekart Website.
3.Changes to the Ekart Website:
The Ekart Website and its contents may be changed, deleted or updated at any time without notice.
4.Termination of Use:
Ekart Website reserves the right to discontinue, suspend or modify the Content (terms of this agreement referred as “Content”) of the Ekart Website at any time without notice and Ekart may block, terminate or suspend yours and any user’s access to the Ekart website at any time for any reason in its sole discretion, even if access continues to be allowed to others.
The Ekart’s Website and its contents, including but not limited to Ekart’s logo, are protected by the laws of India.
Customer (“Customer” referred as User of the services) may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Ekart Website or its Content’s thereof.
6.Disclaimer of Warranty:
The Ekart Website and its contents are provided “AS IS”. Ekart and its licensors disclaim any and all warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement regarding any Content and your ability or inability to use the Ekart Website and its Content.
Without prejudice to the forgoing paragraph, Ekart does not warrant that:
7.Limitation of Liability:
Use of the Ekart Website and its Content is at your sole risk. The Ekart Website will in no event be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in or the use of or inability to use the Ekart Website and its contents including without limitation, damage for lost profits, business, data, or damage to any computer systems, even if you have advised Ekart Website of the possibility of such damage.
Notwithstanding the above, to the extent permitted by the applicable law, you agree that in no event shall Ekart’s total liability for damages (direct or otherwise) or loss regardless of the form of action or cliam, whether in contract, tort or otherwise, exceed Rs. <<>> (Rupees <<>> only) for consignments. To the extent permitted by law, the remedies stated for you in these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.
You agree to defend, indemnify and hold harmless Ekart Website, Instakart, its parent and its affiliate companies and their respective officers, directors, employees, agents and representatives from any all claims arising out of wilful misconduct and gross negligence, violation of applicable laws, breach of the representations and warranties, breach of any of these terms and conditions, and any of your activities conducted in connection with Ekart Website.
9.Links to other websites:
There are links on the Website that allow You to visit the sites of third parties. Neither those sites nor the companies to whom they belong are controlled by Ekart. Ekart makes no representations concerning the information provided or made available on such sites nor quality or acceptability of the products or services offered by any persons or entities referenced inn any such sites.
Ekart has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Ekart is entitled to use any mode and route for transportation.
12.Ekart Tracking Updates:
Ekart authorizes You to request tracking updates for a shipment for which You are the recipient and You agree to only request tracking updates for a shipment for which You are the recipient, subject to these Terms and Conditions. You acknowledge and agree that tracking updates are the private property of Ekart, and are provided to You free of charge and that any use of tracking update information is at Your sole risk. Tracking updates are provided “AS IS” and Ekart disclaims all Warranties or conditions, Expressed or Implied.
13.Trademark, Copyright and restriction:
This Website is controlled and operated by Instakart. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Any material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
14.Governing law and Jurisdiction: