This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisionspertaining 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.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent tocontract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. 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 Cartface website and shall not transact on or use the website. As a minor if youwish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Cartface reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Cartface's notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We maycommunicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Cartface is not and cannot be a party to or control in any manner any transaction between the Website's Users.
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitationprice, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales servicesrelated to products and services. Cartface does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance ofsuch commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Cartface .
2. Cartface does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be soldor offered to be sold or purchased on the Website. Cartface does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Cartface accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Cartface is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Cartface cannot and does not guaranteethat the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Cartface shall not and is not required to mediate or resolve anydispute or disagreement between Buyers and Sellers.
4. Cartface does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You areadvised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
5. Cartface does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
6. At no time shall Cartface hold any right, title or interest over the products nor shall Cartface have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Cartface is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Cartface is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall Cartface hold any any right, title or interest over the products nor shall Cartface have any obligations or liabilities in respect of such contract.
Cartface is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published byseller may be incorrectly reflected and in such an event seller may cancel such your order(s).
9. You release and indemnify Cartface and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Cartface cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Membership on the Website is free for buyers. Cartface does not charge any fee for browsing and buying on the Website. Cartface reserves the right to change its Fee Policy from time to time. In particular, Cartface may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Cartface 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 Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Cartface Technoligies Private Limited.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is 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;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitationunauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaintabout uploaded copyrighted material), 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;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creatingcomputer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) 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;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(s) harm minors in any way;
(t) 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 orinvolve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing innature;
(w) impersonate another person;
(x) 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, cancelbots, 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;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) 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 mannerunder the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
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 navigationalstructure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposelymade available through the Website. We reserve Our right to bar any such activity.
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 toany server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
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.
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 includingthe terms Cartface ,cartface.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Cartface orsellers on platform or otherwise tarnish or dilute any Cartface'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 theinfrastructure of the Website or Cartface's systems or networks, or any systems or networks connected to Cartface.
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 beingconducted on the Website, or with any other person's use of the Website.
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.
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 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 anyapplicable law including exchange control laws or regulations for the time being in force.
11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, Youundertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and deliveryof related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and suchadvertiser. We shall not be responsible or liable for any 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.
14. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is 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. We does not approve of such unauthorized uses, but by using theWebsite You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on theWebsite. Please carefully select the type of information that You publicly disclose or share with others on the Website.
15. Cartface 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 ownor through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove anyproprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
We may share personal information with our other corporate entities and affiliates. These entities and affiliatesmay market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide youaccess to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Cartface does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
Cartface will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Cartface does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Cartface reserves the right to delete such multiple listings of the same product listed by you in various categories.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss ordamage arising directly or indirectly to You due to:
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website willnot 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 addressproof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shoppingenvironment to Our Users.
1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartitecontractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Useof the payment facility shall not render Cartface liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations andwarranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Cartface's Website.
3. You understand, accept and agree that the payment facility provided by Cartface 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 Cartface Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Cartface is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
• You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
• You, as a Buyer, shall electronically notify Payment Facility using the appropriate Cartface Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
• Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
• For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
• Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
• For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
• Refund shall be conditional and shall be with recourse available to Cartface in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
4. Cartface reserves the right to impose limits on the number of Transactions or Transaction Price which Cartface may receive from on 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 orthrough 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.
5. Cartface reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of anyagreements by Buyer with Cartface or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6. Cartface may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Pricefrom the Buyer for security or other reasons at the discretion of Cartface . As a result of such check if Cartface is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
7. Cartface may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Cartface deems suspicious or for Buyers conducting high transactionvolumes to ensure safety of the Transaction and Transaction Price. In addition, Cartface may hold Transaction Price and Cartface may not inform Seller to Dispatch or remit Transaction Price 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.
8. The Buyer and Seller acknowledge that Cartface will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Cartface.
Compliance with Laws:
9. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made andnotifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information andTechnology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Cartface Website.
Buyer's arrangement with Issuing Bank:
10. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment systeminfrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and paymentinstrument issuing company.
11. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Cartface's Replacement Guarantee*
Cartface's Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. The return policy period (Cartface's Replacement Guarantee) depends on the product category and the seller. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions
1. Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.
Following products shall not be eligible for return or replacement:
• Damages due to misuse of product;
• Incidental damage due to malfunctioning of product;
• Any consumable item which has been used/installed;
• Products with tampered or missing serial/UPC numbers;
• Digital products/services (Flyte music downloads)
• Any damage/defect which are not covered under the manufacturer's warranty
• Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
• Jewellery which is 'made to order' on customer's request
On Clothing and Footwear, qualified sellers accept 30 day exchange subject to the following conditions:
Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.
Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
Returns are not applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing freebies, etc.
Damaged or defective or 'Not as described' products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement Guarantee. If Cartface has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Cartface may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.
Cartface reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Cartface may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
• By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).
• I confirm that device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said device.
• You agree to indemnity and keep indemnifying Cartface .com and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Cartface.com, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.
• I confirm that all the data in the said device will be erased before handing it over under buy back program. I also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, Cartface .com, WS Retail or the Manufacturer shall not be responsible for the same and I will not approach Cartface .com for any retrieval of the data.
• I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.
• I agree to indemnity and keep indemnifying the Cartface .com and any future buyer of the old device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Cartface.com, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.
• I understand once a device is sent by me to Cartface, in no scenario can this device be returned back to me.
• I understand that the new device delivery and the old device pickup will happen simultaneously (hand in hand) and I shall keep the old device ready to be given for exchange.
• In relation to the customer sending the goods to us - customer understands it is his responsibility to ensure that the used products are delivered to the buyer (WSR) whose central warehouse, Delhi at \"WSRetail, Khasra No. 435, Road No.# 04 Lal Dora Ext. Mahipalpur, New Delhi, India, 110037\" within 5 days of receiving the new product. In case the goods are consigned through any other carrier (other than EKL logistics), customer understands that he/she will have to initially make the full payment for the new product and receive 100% of the exchange value, pursuant to delivery and verification of the old device at the Delhi Warehouse of WS Retail, within 20 working days. In relation to the option of the customer to use 3PL - the customer, in case chooses to use a 3PL for transporting the old device, please call 18002089898.
• In relation to shipping charges of old device - customer hereby understands that he would be charged an amount mentioned as pickup charges towards shipping charges of old device in case he chooses e-kart logistics as a transporter to ship the old device to the buyer's (WSR) central warehouse of WSR in Delhi.
• Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.
Digital Content: Music
Music (MP3 format): Only certain short listed Seller (at the sole discretion of Cartface) shall be entitled to sell Music (MP3 format) on the Website. You may be able to purchase DRM-free digital music in MP3 file format on the Website from the respective Sellers. Such MP3 music files shall be provided to You as perselection provided by Seller, subject to certain limitations as described by the Seller. You shall be granted specified download rights of DRM-free MP3 music files from the catalogue of MP3 music displayed on the Website. The MP3 music may include full-length MP3 audio tracks at best available bit rate and certain other premium features, as may be provided on the Website by respective Sellers from time to time.
Territory: Currently You can purchase downloadable digital MP3 music only through the Website and Flyte Music Application as may be made available fromtime to time on the Website, only within the territory of India.
Explicit Consent: You agree that we shall have no liability to You for MP3 music file downloaded by You on the Website if You find the same to be offensive,indecent or objectionable and expressions through the audio files are not subscribed by us.
Cash on Delivery as a mode of payment is not available for purchasing MP3 music on the Website currently.
All Sales Final; Downloading and Risk of Loss; Availability of MP3 music files: All sales of MP3 music files are final. Returns of MP3 music files are notpermissible on website. Once You have purchased MP3 music files, Cartface encourages You to download it promptly. If You are unable to complete a download, please contact customer service within 6 hours of the payment.
Further Cartface assumes no liability if your media player does not support the file format made available by the Seller on the Website or your browser does notsupport the music download application / software available by the Seller on the Website, by whatever name called.
You bear all risk of loss after purchase and for any loss of MP3 music files You have downloaded, including any loss due to a computer or hard drive crash.
Seller may, from time to time, at its sole discretion, remove MP3 music files from the Service without notice.
Your request to download a MP3 music file is personal to You, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to anyother User. The license to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use fromyour personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right tocreate a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify Us inwriting upon your discovery of any unauthorized use or infringement.
Software: Seller may make available to You, from time to time, software for Your use in connection with the download of MP3 music files (any and all suchsoftware, individually and collectively, the "Software").
You may use the Software only in connection with the download of MP3 music files on the Website. You may not separate any individual component of theSoftware for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it incombination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent,lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. Seller may discontinue some or all of any Software Seller provide, and Seller may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.