TERMS OF USE
 
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION
TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS
GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL
SIGNATURES.      
 
Welcome to https://cartdaddy.in/ and the associated mobile application titled Cart
Daddy along with all upgrades, updates, enhancement and modifications thereto (the “Platform”),  owned and managed by KartDaddy Online Services (OPC) Private Limited, a
company incorporated under the Companies Act, 2013 and having its registered
office address at D-901 8th
Floor Ansal Neel Padam 1, Sector 5 Vaishali, I.E.Sahibabad, Ghaziabad, Uttar
Pradesh, India, 201010 (hereinafter
referred to as “Cart Daddy”). Cart Daddy is engaged in the business of selling
electronic products,
refurbished electronic products, protection plans for electronic products,
groceries, pet supplies, fashion and beauty products, household products and
furniture, décor, toys, sports accessories, gifting products, books, stationary
and other such products via. the
Platform and related services provided on the Platform.
 
Please read these terms of use (“Terms”)
carefully, as it contains the terms and conditions governing your use of the
Platform and any content such as text, data, information, software, graphics,
audio, video or photographs that Cart Daddy may make available through the
Platform and any services that Cart Daddy may provide through the Platform. In
order to use the Platform, you must first agree to these Terms. By performing
an affirmative action and thereafter, accessing the Platform, you agree and
undertake that you are giving a free, specific, informed, unconditional and
unambiguous consent to Cart Daddy, agreeing to these Terms and concluding a
legally binding contract with Cart Daddy for the purposes specified herein.
Please do not access or use the Platform if you do not agree with any of the
terms provided herein or are unable to be bound by them. As a condition of your
access to and use of the Platform, you hereby agree that you will comply with
all applicable laws and regulations when using the Platform.
 
Cart Daddy reserves the right, at its sole discretion, to
change, modify, add or remove portions of these Terms, at any time and
will notify you at least once in a year, or whenever there is a change in these
Terms, as the case may be, by email or by posting a conspicuous notice on the
Platform in the event of any material revisions to these Terms. Your acceptance of the revised terms of use and
thereafter, use of the Platform following the posting of changes shall be
deemed to mean that you accept and agree to the revisions made to these Terms.
As long as you comply with these Terms, Cart Daddy grants you a personal,
revocable, non-exclusive, non-transferable, non-sub-licensable, and limited
license to access and use the Platform.
 
You should read these Terms and access and read all
further linked information, if any, referred to in these Terms, as such
information contains further terms and conditions that apply to you as a user
of the Platform. Such linked information including but not limited to Cart Daddy’s privacy policy (“Privacy
Policy”) is hereby incorporated by reference into these Terms.
 
If you are unwilling or unable to be legally bound by these Terms,
please do not give your consent or use the Platform. You cannot accept these
Terms if: (a) you are not lawfully entitled to use the Platform; or (b) if you
are not of legal age to form a binding agreement with Cart Daddy.
 
 
 
 
TERMS OF
USE FOR USERS
 
In these
Terms, unless the context or meaning otherwise requires: (a) all capitalised
words and expressions defined by inclusion in quotation and/or parenthesis
anywhere in these Terms, have the same meanings as ascribed to such words and
expressions; and (b) following words and expressions shall bear the meanings
ascribed to them below:
 
a)             “Customer” shall mean any User who places an
order for the products on the Platform and/or is registered as a ‘Customer’ on
the Platform in accordance with the terms contained herein.
 
b)             “Order” shall mean receipt of the order from
the User of the product in accordance with these Terms.
 
c)             “Product” shall mean electronic products,
refurbished electronic products, protection plans for electronic products,
groceries, pet supplies, fashion and beauty products, household products and
furniture, décor, toys, sports accessories, gifting products, books, stationery
and other such products listed on
the Platform for sale and sold to the Customer.
 
d)             “User” shall mean any individual who visits
and/or uses the Platform and shall also include individuals representing
businesses who visits or uses the Platform to purchase Products for their
business requirements. 
 
1.         MEMBERSHIP ELIGIBILITY
 
         Use of the Platform is
available only to natural persons who can enter into legally binding contracts
under the Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents and persons of unsound mind are not eligible
to use the Platform. Any person under the age of 18 (Eighteen) or with
disability shall not register on the Platform and shall not transact on or use
the Platform, unless such use or transaction is made by a verifiable consent by
such person’s legal guardian or parents on the Platform. Any minor or person
with disability accessing, using or transacting on the Platform in violation of
these Terms shall be doing so at their own risk and Cart Daddy shall not be
responsible or liable for any activities or interactions of such minor or
person with disability on the Platform. Cart Daddy reserves the right to
terminate any person’s membership and/or refuse to provide such person with
access to the Platform if it is brought to the notice of Cart Daddy or if Cart
Daddy discovers for itself that such person is not eligible to use the Platform.
 
2.         ACCEPTANCE OF TERMS
 
2.1.     In order to use the Platform, the User must first agree to these Terms.
The User can accept these Terms by:
 
2.1.1.      Signing up
with Cart Daddy and logging onto the Platform by using the Login
Credentials (defined below);
 
2.1.2.      Actual usage
of the Platform. In this case, the User understands and agrees that the earlier affirmative consent given by
him/her on the Platform shall be treated by Cart Daddy as a continued acceptance of these Terms; or
 
2.1.3.      By clicking
to accept these Terms, if and when prompted on the Platform.
 
3.         OPENING AN ACCOUNT AND SIGN IN/LOG IN
 
3.1.     The Platform allows only limited and restricted access to the services
for unregistered users.
 
3.2.     In order to purchase the Products or access any services from the
Platform, the User will have to
create an account on the Platform (“Account”), which can be
done by providing/using the mobile number and email ID of the User. Users
purchasing for business requirements will be required to provide additional
details such as Goods and Services Tax number (GSTIN), PAN number, business
address and other such details.
 
3.3.     While signing-up with Cart Daddy to use the Platform, the
User shall not:
 
3.3.1.      create an Account for anyone other than the User, unless such person's
prior permission has been obtained;
 
3.3.2.      use an Account that is the name of another person with the intent to
impersonate that person; or
 
3.3.3.      create more than one Account on the Platform.
 
3.4.     Cart Daddy
cannot and will not be liable for any loss or damage arising from the User’s
failure to comply with this Clause.
 
3.5.     The User hereby confirms and undertakes that the information provided by
the User while signing-up is and will be true, accurate, up-to-date, and
complete at all times. The User agrees that if the User provides any
information to Cart Daddy that is untrue, inaccurate, not up-to-date or
incomplete or becomes untrue, inaccurate, not up-to-date or incomplete, Cart
Daddy shall have the right to indefinitely suspend or terminate or block access
to the Account on the Platform and refuse to provide the User access to the
Platform. The User is advised to use due caution when
providing any information to Cart Daddy accordingly.
 
3.6.     Once registered, the User can log in to the Account by using the mobile
number or e-mail ID and password provided at the time of signing-up (“Login Credentials”).
 
4.         ACCOUNT
CONFIDENTIALITY OBLIGATIONS
 
4.1.     The User agrees that the sole responsibility of maintaining the security
and confidentiality of the Login Credentials rests with the User at all times.
The User shall not share these Login Credentials with any third party.
 
4.2.     Cart Daddy reserves the right to take any and all action, as it deems
necessary or reasonable, regarding the security of the Platform and the Account.
 
4.3.     The User is solely responsible for all activities that occur under the
Account and/or the User undertakes on the Platform and hereby undertakes that
no such activity shall be unlawful or in violation of any applicable laws,
rules and regulations of India.
 
4.4.     In no event and under no circumstances shall Cart Daddy be held liable
for any liabilities or damages resulting from or arising out of the User’s use
of the Platform or the Login Credentials, theft of the Login Credentials or
release by the User of the Login Credentials to a third party, or the User’s
authorization to allow another person to access and use the Platform using the
Account.
 
4.5.     In case of
any misappropriation or unauthorized
access of the Account, the User agrees to communicate the same
to Cart Daddy immediately, in a manner
indicated by Cart Daddy. The User may
be held liable for any losses incurred by Cart Daddy or any other user of or visitor to the Platform due to authorized or unauthorized use
of the Account, as a result of his/her failure in keeping the Login Credentials
confidential. 
 
5.         PRODUCT AND SERVICES
 
5.1.     The User will need to register on the Platform and/or comply with
these Terms (as applicable) in order to be able to use and access the services
on the Platform, which includes sale and purchase of Products listed on the
Platform and such other services as may be made available on the Platform from
time to time by Cart Daddy (“Services”). 
 
5.2.     The User understands and acknowledges that, while describing the
Products on the Platform, Cart Daddy endeavours to be as accurate as possible.
However, Cart Daddy cannot and does not warrant that the description of the
Product provided on the Platform including without limitation, its weight,
colour, information or other content is accurate, reliable, complete, current
and/or error free. The Platform may contain typographical errors or
inaccuracies and may not be complete or updated. Additionally, the picture of
the Products that the User can see on the Platform depends on each Users’
screen, and Cart Daddy does not guarantee that the Users’ screen’s display of
any picture will accurately reflect the colour, texture and general appearance
of the delivered Product. It is expressly clarified that the Product picture
and other information is merely indicative and may not match the actual Product.
 
5.3.     Certain Products listed on the Platform may be subject to quantity
limitations. The User acknowledges and agrees that Cart Daddy shall have the
right to limit the quantity of any Product listed on the Platform per User. Cart
Daddy reserves the right to cancel the full or partial Order in case of
purchase of Product over the quantity limit and as per the Shipping,
Cancellation and Refund Policy.  
 
5.4.     The User understands and acknowledges that tax may be charged on
the Products in accordance with applicable laws.
 
5.5.     Cart Daddy may discontinue some or all of the Products and/or Services
provided on the Platform, as it may deem fit, including certain features and
the support for certain devices and platforms, at any time.
 
 
6.         USE OF THE PLATFORM
 
6.1.     The User agrees, undertakes and covenants that, during the use of the
Platform, the User shall not host, display, upload, modify, publish, transmit,
store, update or share any information that:
 
6.1.1.      belongs to another person or entity and to which the User does not have
any right.
 
6.1.2.      is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, libelous, invasive of another
person's privacy, insulting or harassing on the basis of gender, hateful or
racially or ethnically objectionable, relating or encouraging money laundering
or gambling, or an online game that causes harm, or promoting enmity between
different groups on the grounds of religion or caste with the intent to incite
violence, or otherwise inconsistent or contrary to the applicable laws in force
in any manner whatsoever.
 
6.1.3.      is misleading in any way.
 
6.1.4.      is harmful to minors.
 
6.1.5.      involves the transmission of "junk mail",
"chain letters", or unsolicited mass mailing or "spamming".
 
6.1.6.      infringes upon or violates any third party's rights
including, but not limited to, any patent, trademark, copyright or other
proprietary rights or intellectual property rights, rights of privacy
(including without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number).
 
6.1.7.      provides
instructional information about illegal activities such as violating someone's
privacy, or providing or creating computer viruses.
 
6.1.8.      tries to gain unauthorized access or exceeds the scope
of authorized access to the Platform or to profiles, blogs, communities,
Account information or information of other Users/visitors of the Platform,
bulletins, or other areas of the Platform or solicits passwords or personally
identifying information for commercial or unlawful purposes from other
Users/visitors of the Platform.
 
6.1.9.      engages in commercial activities without Cart Daddy’s prior
written consent such as engages in contests, sweepstakes, barter, advertising,
etc.
 
6.1.10.   interferes
with another User/visitor’s use of the Platform.
 
6.1.11.   impersonates
another person.
 
6.1.12.   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 foreign states.
 
6.1.13.   refers to
any website or URL that, in Cart Daddy’s sole
discretion, contains material that is inappropriate for the Platform or any
other website, contains content that would be prohibited or violates the letter
or spirit of these Terms.
 
6.1.14.   deceives or
misleads the addressee/users about the origin of the messages or knowingly and
intentionally communicates any information which is patently false or
misleading or grossly offensive or menacing in nature but may reasonably be
perceived as a fact.
 
6.1.15.   is patently
false and untrue, and is written or published in any form, with the intent to
mislead or harass a person, entity or agency for financial gain or to cause any
injury to any person.
 
6.1.16.   contains
software viruses or any other computer codes, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource; or
contains any trojan horses, worms or other computer programming routines that
may damage, detrimentally interfere with, diminish value of, covertly intercept
or steal any system, data or Personal Information of another User/visitor.
 
6.1.17.   is in the
nature of an online game that is not verified as a permissible online game.
 
6.1.18.   is in the
nature of advertisement or surrogate advertisement or promotion of an online
game that is not a permissible online game, or of any online gaming
intermediary offering such an online game.
 
6.1.19.   violates
any applicable law for the time being in force.
 
6.2.     The User agrees and acknowledges that, the provision of Services on the
Platform may be interrupted, including for maintenance, repairs, upgrades, or
network or equipment failures. Cart Daddy strives to keep the Platform up and
running; however, all online services suffer occasional disruptions and
outages, and Cart Daddy isn’t liable for any disruption or loss the User may
suffer as a result.
 
6.3.     The User agrees and acknowledges that (a) the User shall not use the
Platform for any illegal or unauthorized purpose; and (b) the User’s use of any
information or materials on the Platform is entirely at the User’s own risk,
for which Cart Daddy shall not be liable. The User agrees to comply with all
laws, rules and regulations applicable to the use of the Platform. The User
further agrees and acknowledges that the User shall use the Platform to
purchase Products only for the User’s personal use or business purposes and not
for any commercial exploitation, promotional resale or further distribution
purposes. 
 
6.4.     Cart Daddy shall have the right, but not the obligation, to monitor
access to or use of the Platform to ensure the User’s compliance with these
Terms or applicable laws or other legal requirements, at its sole discretion.
 
7.         USER’S POSTS AND REVIEWS
 
7.1.     The Platform may allow the User to post certain content, data or
information belonging to the User, such as reviewing and allowing the User to
share the User’s experience and views about a particular Product, rate
Products, post the User’s comments and reviews in relation to contents and/or
Products on the Platform on specific pages of the Platform, as well as
submit/post any photos, videos, suggestions, comments, questions or other
information to Cart Daddy using the Platform (collectively referred to “User Content”).
 
7.2.     The User, being the originator of the User Content, is responsible for
the User Content that the User uploads, posts, publishes, transmits or otherwise makes
available on the Platform. The User represents that the User exclusively owns
the copyright in the User Content and has obtained all relevant consents and
approvals in order to post any User Content. The User further represents that
all such User Content will be in accordance with applicable law. The User
acknowledges that Cart Daddy does not endorse any User Content on the Platform
and is not responsible or liable for any User Content. Cart Daddy reserves the
right to disable access to the User Content on the Platform.
 
7.3.     In case a third party appears in a User Content, the User confirms that
the User has obtained prior consent of such third party before uploading or
posting such User Content. The User further agrees that the User shall
indemnify Cart Daddy against any and all claims raised by such third party with
respect to the User Content.
 
7.4.     The User hereby grants Cart Daddy a perpetual, non-revocable, worldwide,
royalty-free and sub-licensable right and license to use, copy, distribute,
display, publish, transmit, make available, reproduce, modify, adapt the User Content
and create derivate works of the User Content in any manner as deemed
appropriate by Cart Daddy in
any form including but not limited to print, broadcast, online and across any
and all platforms owned by Cart Daddy, any and all platforms owned by Cart Daddy on
any social media channels including but not limited to Instagram, Facebook and
Twitter.
 
7.5.     The User represents and warrants that the User owns or otherwise
controls all of the rights to the User Content that the User posts or that the
User otherwise provides on or through the Platform; and that, as at the date
that the User Content is posted or submitted on the Platform: (a) the User
Content is accurate; (b) use of the User Content does not breach these Terms;
and (c) such User Content is lawful.
 
7.6.     The User further represents and warrants that while posting any User
Content on the Platform the User shall not use any offensive,
libelous, derogatory, hateful or racially or ethnically objectionable language.
Further, the User shall not post any content on the Platform that is obscene,
pornographic, constitutes an “indecent representation of women” as provided in
The Indecent Representation of Women (Prohibition) Act, 1986.
 
8.         PAYMENT FACILITY
 
8.1.     The Platform permits payment via various modes, including virtual
payment wallets and online payments through debit/credit cards and internet
banking or any other method adopted by Cart Daddy from time to time.
Alternatively, the Customer can opt for cash on delivery (COD) as a mode of
payment in accordance with the shipping policy.
 
8.2.     While availing any of the payment method/s available on the Platform, Cart
Daddy will not be responsible for or assume any liability, whatsoever in
respect of any loss or damage arising directly or indirectly to the User due to:
 
8.2.1.      Lack of authorization for any transaction(s);
 
8.2.2.      Exceeding the pre-set limit mutually agreed by the User and between
bank/s;
 
8.2.3.      Any payment issues arising out of the transaction;
 
8.2.4.      Rejection of transaction for any other reason(s) whatsoever.
 
8.3.     All payments made against the purchases on Platform by the User shall be
compulsorily in Indian Rupees. It is expressly clarified that Cart Daddy will
not facilitate transaction with respect to any other form of currency with
respect to the purchases made on the Platform.
 
8.4.     At the time of delivering the User’s Order, the User may be required, in
certain cases, to provide supporting documents (including but not limited to
identification and address proof issued by the Government of India). This is
done in the interest of providing the User with a safe online shopping
environment.
 
8.5.     The User acknowledges that Cart Daddy will not be liable for any
damages, interests or claims, losses resulting from or suffered on account of
not processing a transaction/transaction amount or any delay in processing a
transaction/transaction amount which is beyond the control of Cart Daddy.
 
9.          SHIPPING, CANCELLATION, RETURN AND REFUND POLICY
 
The (a) shipping
process of the Product and the process to be followed in the event of return or
replacement of a Product, and (b) cancellation of the Order
by the User or Cart Daddy and the transaction amount to be refunded shall be as
per the shipping, cancellation, return and refund policy (“Shipping,
Cancellation, Return and Refund Policy”), which can be accessed here.
 
10.      AGREEMENT TO
RECEIVE COMMUNICATION
 
        
The User hereby by way of accepting these Terms consents to the receipt of
communication from Cart
Daddy by way of Short Message Service (SMS) messages,
WhatsApp messages, e-mails, promotional, marketing calls and newsletters. These
emails could relate to the User’s registration and/or transactions that the
User carries out through the Platform and promotions that are undertaken by Cart Daddy, Services from Cart Daddy and its third-party partners.
 
11.      LINKS TO THIRD PARTY WEBSITES
 
The Platform may contain links and interactive
functionality interacting with the websites of third parties for the purpose of
marketing and promotions. Cart Daddy is
not responsible for and has no liability for the functionality, actions,
inactions, privacy settings, privacy policies, terms, or content of any such
website. Before enabling any sharing functions to communicate with any such
website or otherwise visiting any such website, Cart
Daddy strongly recommends
that the User reviews and understands the terms and conditions, privacy
policies, settings, and information-sharing functions of each such third-party
website.
 
12.      LIMITATION OF LIABILITY
 
12.1.   The User hereby acknowledges that Cart Daddy shall not be held liable to
the User for any special, consequential, incidental, and exemplary or punitive
damages, or loss of profit or revenues.
 
12.2.   Cart Daddy shall also not be liable under any circumstance for damages
arising out or related in any way to (a) any errors,
mistakes, or inaccuracies of content; (b) any unauthorized access to or use of
the secure servers and/or any and all personal and/or other user information
stored therein; (c) any interruption or cessation of transmission to or from
the Services on the Platform
or the failure of the Services to remain operational for any period of time; (d) any bugs,
viruses, trojan horses, or the like, which may be transmitted to or through the
Platform by any third party; (e) any loss of the User’s data arising from any use of or inability to use any
parts of the Platform; (f) the
User’s failure to keep Login Credentials or Account details secure and
confidential; (g) non-availability of the
Services in certain geographical areas; and/or (h) any errors or omissions in any
content or for any loss or damage of any kind incurred as a result of the use
of any content posted, emailed, transmitted, or otherwise made available via.
the Platform, whether based on warranty, contract, tort, or any other legal
theory, and whether or not Cart Daddy is advised of the possibility of such damages.  
 
12.3.   To the extent permitted by applicable law, Cart Daddy, its employees,
agents, officers and directors shall not be liable under any circumstances for
any damages arising out of or in any way related to Products, Services and/or
information offered or provided by third-party vendors.
 
12.4.   For Products such as the protection plans for electronic products, the
User shall directly interact with the respective seller of the protection plan
and in accordance with such seller’s terms and policies. Cart Daddy merely
facilitates the sale of such protection plans and shall in no way be liable to
the User for any issues arising from the purchase or use of said protection
plans.
 
12.5.   IT IS EXPRESSLY CLARIFIED THAT THE
AGGREGATE LIABILITY OF CART DADDY, IF ANY, THAT IS ESTABLISHED BY A COURT OF
COMPETENT PURSUANT TO A CLAIM, SHALL IN NO EVENT EXTEND BEYOND THE AMOUNT OF
MONEY PAID BY THE USER FOR PURCHASE OF THE PRODUCTS AND PURSUANT TO AN ORDER
UNDER WHICH SUCH LIABILITY HAS ARISEN AND BEEN ESTABLISHED.
 
13.      DISCLAIMER OF WARRANTIES
 
THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS
AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE
PLATFORM (COLLECTIVELY, THE "CONTENTS")
ARE PROVIDED BY CART DADDY ON
AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND. CART
DADDY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE
ACCURACY OF THE INFORMATION. CART DADDY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO
THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT
THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. CART DADDY WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE
CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO
THE FULL EXTENT PERMITTED BY LAW, CART DADDY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. 
 
14.      INDEMNIFICATION
 
         The
User shall indemnify and hold harmless Cart Daddy,
affiliates, subsidiaries, group companies (as applicable) and their respective
officers, directors, agents, and employees, from any and all claims or demands,
or actions including reasonable attorneys' fees, made by any third party or
penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other
policies, or the User’s violation of any law, rules or regulations or
the rights (including infringement of any intellectual property rights) of a
third party.
 
15.      CONTENT AND INTELLECTUAL PROPERTY RIGHTS
 
15.1.   Other than (a) User Content, and (b) the trademarks, logos and service
marks displayed on the Platform that are the property of other third parties, Cart Daddy solely and exclusively
owns copyrights, trademarks, service marks, logos, trade names, and other
intellectual and proprietary rights associated with Cart Daddy’s services provided on the Platform and
Contents (“Platform Content”) and is protected under Indian law.
 
15.2.   Through the User’s use of the Platform, by no means
are any rights impliedly or expressly granted to the User in respect of such
Platform Content. Cart Daddy reserves the right to change or modify the Services
and/or the Platform Content (as the case may be) from time to time at its sole
discretion.
 
15.3.   The User hereby acknowledges that the Platform Content and the Services
constitute original works and have been developed, compiled, prepared, revised, selected, and
arranged by Cart Daddy and others through the application of methods and
standards of judgment developed and applied through the expenditure of
substantial time, effort, and money and constitutes valuable intellectual
property of Cart Daddy and such others.
The User thereby agrees to protect the proprietary rights of Cart Daddy and such others
during and after the term of these Terms. The User
may not selectively download portions of the Platform without retaining the
copyright notices. The User may download material from the Platform only for
the User’s own personal use and for no commercial purposes whatsoever.
 
15.4.   The User shall use the Platform strictly in accordance
with these Terms, and shall not, directly or indirectly, (a) decompile,
disassemble, reverse engineer, or attempt to derive the source code of, or in
any manner decrypt, the Platform; (b) make any modification, adaptation or
improvement, enhancement, translation or derivative work from the Platform; (c)
violate any applicable laws, rules or regulations in connection with his/her
access or use of the Platform, including his/her use of any Platform Content;
(d) remove or obscure any proprietary notice (including any notices of
copyright or trademark) forming a part of the Platform; (e) use the Platform
for any commercial or revenue generation endeavours, or other purposes for
which it is not designed or intended; (f) distribute or transmit the Platform
or other services; (g) use the Platform for data mining, scraping, crawling,
redirecting, or for any purpose not in accordance with these Terms; (h) use the
Platform for creating a service or software that is directly or indirectly,
competitive with the Platform or any Services; or (i) derive any confidential
information, processes, data or algorithms from the Platform.
 
15.5.   Any infringement shall lead to appropriate legal proceedings against the
User at appropriate forum for seeking all available remedies under applicable
laws of the country.
 
16.      TERMINATION OF ACCESS TO SERVICES
 
16.1.   The Account can be deactivated at any time by the User, by requesting for such deactivation of his/her
Account on the Platform.
 
16.2.   The Account and access to Services can be terminated at any time by Cart
Daddy, in its sole discretion, for any reason or no reason including the User’s
violation of these Terms or lack of use of Services.
 
16.3.   The User acknowledges that the termination of Services may come into
effect without any prior notice, and Cart Daddy shall thereafter, immediately
deactivate or delete the Account and all related information and/or bar any
further access to the Account or the Services, subject to applicable law.
Further, the User agrees that Cart Daddy shall not be liable for any
discontinuation or termination of services by any third party.
 
16.4.   The disclaimer of warranties, the limitation of liability, and the
governing law provisions shall survive any termination of these Terms.
 
17.      Privacy
Policy
 
         The
personal information/data provided by
the User to Cart Daddy during the course
of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and
applicable laws and regulations. If the User objects to his/her information
being transferred or used, the User is advised not to use the Platform.
 
18.      SEVERABILITY AND
WAIVER
 
         These Terms, the
Privacy Policy and other referenced material herein or on the Platform, are the
entire agreement between the User and Cart
Daddy with
respect to the Products and Services offered on the Platform and shall govern
the future relationship and supersede all prior or contemporaneous
communications and proposals (whether oral, written or electronic) between the
User and Cart Daddy with respect thereto. If any provision of these
Terms is found to be unenforceable or invalid, that provision will be limited
or eliminated to the minimum extent necessary so that the Terms will otherwise
remain in full force and effect and enforceable. The failure of either party to
exercise in any respect any right provided for herein shall not be deemed a
waiver of any further rights hereunder.
 
19.      Assignment
 
It is expressly agreed by the parties that Cart Daddy
may assign all or part of its rights or duties under these Terms without such
assignment being considered a change to these Terms and without notice to the
User, except to the extent provided by law.
 
20.      GOVERNING LAW & DISPUTE RESOLUTION
 
  These Terms shall be governed by and
interpreted and construed in accordance with the laws of India. The place of
jurisdiction shall exclusively be in Prayagraj, Uttar Pradesh. In the event of any
dispute arising out of these Terms the same shall be settled by a binding
arbitration conducted by a sole arbitrator, appointed jointly by both parties
and governed by the Arbitration and Conciliation Act, 1996, as amended from
time to time. The venue and seat of arbitration shall be Prayagraj, Uttar
Pradesh.
 
21.      GRIEVANCE REDRESSAL MECHANISM
 
         For registering your
concerns, complaint or grievances, please write to the below mentioned
designated officer of Cart
Daddy at the below-mentioned email address in relation
to any violation of these Terms or the applicable laws. The designated officer
shall redress the concerns, complaint or grievances in accordance with the
applicable laws.
 
Name:               Dipesh
Agrawal
Address:           2nd Floor 26
Industrial Colony, Naini, Prayagraj
Mobile No:        +91 9867697775
Email:
              admin@cartdaddy.in
 
22.      HOW TO CONTACT US
          If the User has
questions or concerns about these Terms, the User may contact Cart Daddy by calling on the following number: +91
7080301234