Browsecart Terms of Use
Browsecart.com is an online E-Commerce portal owned and operated by Bizurge Inc.,
India. Kindly read the following terms and conditions carefully as in using the
browsecart.com services, you are deemed to have accepted / complied with the terms
and conditions listed below or as may be revised from time to time:
- In these terms and conditions, any references to ‘You’, means the ‘User’ registering
and accessing the website. ‘Service Providers’ means the’ third party service providers’,
‘Site’ or ‘Website’ means Browsecart.com and ‘We’ or ‘Us’ or ‘Our’ means Bizurge
Inc.
- By subscribing to or using any of our services, you agree that you have read, understood
and are bound by the terms, regardless of how you subscribe to or use the services.
If you do not want to be bound by the terms, you must not subscribe to or use our
services.
Registration & Security
- Once registered, you will be confirmed along with your Membership / User ID & Password
on your registered email address.
- You are responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or account.
- You will notify Browsecart.com of any unauthorised use of your password or account
or any other breach of security.
- Browsecart.com cannot and will not be liable for any loss or damage arising from
your failure to comply.
Eligibility to use:
Browsecart.com is available for use only to persons who are eligible / competent
to form legally binding contracts under the Indian Contact Act, 1872. Minors above
13 years of age may view this site only under the supervision of a parent or legal
guardian who agrees to be bound by these terms of use. We reserve the right to terminate
your membership and refuse to provide you with access to the website if we discover
any breach of contract. The website is not available to persons whose membership
has been suspended or terminated by Browsecart.com for any reason whatsoever. If
you are registering as a business entity, you represent that you have the authority
to bind the entity to this User Agreement. We make no representation that any products
or services referred to in the materials on this web are appropriate for use, or
available outside India. Those who choose to access this website from outside India
are responsible for compliance with local laws if and to the extent local laws are
applicable. We will deliver the products only within India and will not be liable
for any claims relating to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific,
these terms and conditions supersede all previous representations, understandings,
or agreements and shall prevail notwithstanding any variance with any other terms
of any order submitted
Invitation to Offer:
All products/services and information displayed on Browsecart.com constitute an
"invitation to offer". Your order for purchase constitutes your "offer" which shall
be subject to the terms and conditions as listed below. Browsecart.com reserves
the right to accept or reject your offer. Our acceptance of your order will take
place upon dispatch of the product(s) ordered. If you have supplied us with your
valid email address, we will notify you by email as soon as possible to confirm
receipt of your order and email you again to confirm the dispatch details and thus
acceptance of you order. No act or omission of Browsecart.com prior to the actual
dispatch of the product(s) ordered will constitute acceptance of your offer.
Ownership of rights:
Any use of this website or its contents, including copying or storing in whole or
part, other than for your own personal, non-commercial use is prohibited without
our explicit permission. Copyright and other intellectual property laws protect
all information displayed, transmitted or carried on Browsecart.com. All rights,
including copyright, in this website are owned by or licensed to us. This site is
designed, updated and maintained independently by us. We own the content. You may
not modify, publish, transmit, transfer, sell, reproduce, create derivative work
from, distribute, repost, perform, display or in any way commercially exploit any
of the content available in the website.
Accuracy of content:
We have strived to ensure of the accuracy of data and information shown on website.
However certain typographical errors / omissions might remain. The packaging may
vary from that shown. The weights, dimensions and capacities may vary. Every effort
has been made to display the colours of products to match as accurately as possible
on the website. However we cannot guarantee that the color of the product upon delivery
will exactly match with the colour shown on the website. The colours you see on
your monitor will depend upon the display settings and quality of your monitor.
Electronic Communications:
When you visit the Site or send emails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate
with you by email or by posting notices on the Site. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
Rules of Conduct:
You will use the services provided by Browsecart.com, its affiliates, consultants
and contracted companies, for lawful purposes only and comply with all applicable
laws and regulations while using the Site and transacting on the Site. In the event
that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address
or any other wrong information) any extra cost incurred by Browsecart.com for redelivery
shall be claimed from you.
You will provide authentic and true information in all instances where such information
is requested of you. Browsecart.com reserves the right to confirm and validate the
information and other details provided by you at any point of time. If upon confirmation
your details are found not to be true (wholly or partly), we have the right in our
sole discretion to reject the registration and debar you from using the Services
of Browsecart.com and / or other affiliated websites without prior intimation whatsoever.
You are accessing the services available on this Site and transacting at your sole
risk and are using your best and prudent judgment before entering into any transaction
through this Site.
The address at which delivery of the product ordered by you is to be made will be
correct and proper in all respects.
Before placing an order you will check the product description carefully. By placing
an order for a product you agree to be bound by the conditions of sale included
in the item's description.
You will not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. We may review, edit, reject, refuse
to post and/or delete any content in our sole judgment.
You will not post or transmit content, if it in any way:
- is patently offensive to the online community with content that promotes obscenity,
pedophilia, racism, bigotry, hatred or physical harm of any kind against any group
or individual;
- involves transmission of ‘junk mail’, ‘chain letters’, or ‘spamming’; promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorised copy of another person's copyrighted work 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 file, providing or creating computer viruses;
- provides instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or contains video, photographs, or
images of another person age 18 or older without his or her express written consent
and permission or those of any minor (regardless of whether you have consent from
the minor or his or her legal guardian).
- tries to gain unauthorised access or exceeds the scope of authorised access to the
sites or to profiles, blogs, communities, account information, bulletins, or solicits
passwords or personal identifying information for commercial or unlawful purposes
from other users;
- engages in commercial activity and/or sales without taking any prior written consent
from Browsecart.com, such as contests, sweepstakes, barter, advertising and pyramid
schemes, or the buying or selling of ‘virtual’ items related to the sites;
- interferes with another user's use and enjoyment of the sites or any other individual's
user and enjoyment of similar services;
- refers to any website or URL that, in the sole discretion of Browsecart.com, contains
material that is inappropriate, contains content that would be prohibited on the
sites, or violates the letter or spirit of these Terms of Use.
Indemnity:
Browsecart.com disclaims all warranties or conditions, whether expressed or implied,
(including without limitation implied, warranties or conditions of information and
context). We shall not be liable to any person for any loss or damage which may
arise from the use of any of the information contained in any of the materials on
this website. We consider ourselves and intend to be subject to the jurisdiction
only of the courts of New Delhi, India.
You agree to defend, indemnify and hold harmless Browsecart.com, its employees,
directors, officers, agents and their successors and assigns from and against any
and all claims, liabilities, damages, losses, costs and expenses, including attorney's
fees, caused by or arising out of claims based upon your actions or inactions, which
may result in any loss or liability to Browsecart.com or any third party including
but not limited to breach of any warranties, representations or undertakings or
in relation to the non-fulfillment of any of your obligations under this User Agreement
or arising out of your violation of any applicable laws, regulations including but
not limited to Intellectual Property Rights, payment of statutory dues and taxes,
claim of libel, defamation, violation of rights of privacy or publicity, loss of
service by other subscribers and infringement of intellectual property or other
rights. This clause shall survive the expiry or termination of this User Agreement.
Order Cancellation by Browsecart.com
Please note that there may be certain orders that we are unable to accept and must
cancel. We reserve the right, at our sole discretion, to refuse or cancel any order
for any reason. Some situations that may result in your order being cancelled include
limitations on quantities available for purchase, inaccuracies or errors in product
or pricing information, or problems identified by our credit and fraud avoidance
department. We may also require additional verifications or information before accepting
any order. We will contact you if all or any portion of your order is cancelled
or if additional information is required to accept your order. If your order is
cancelled after your credit card has been charged, the said amount will be reversed
back in your Card Account.
Cancellations by the Customer
In case we receive a cancellation notice and the order has not been shipped by us,
we shall cancel the order and refund the entire amount. The orders that have already
been shipped out by us will not be cancelled and you will have to check our return
policy on those orders. The customer agrees not to dispute the decision made by
Browsecart.com regarding the cancellation.
Financial Details
You agree, understand and confirm that the credit / debit card details or other
financial / Payment details provided by you for availing of services on Browsecart.com
will be correct and accurate and you shall not use the credit /debit card or financial
facility which is not lawfully owned / obtained by you. You also understand that
any financial information submitted by you is directly received by our acquiring
bank and not taken by Browsecart.com. Browsecart.com will not be liable for any
credit / debit card fraud. The liability for use of a card fraudulently will be
on you and the onus to 'prove otherwise' shall be exclusively on you. All information
collected by us shall be governed as per our Privacy Policy. Browsecart.com and
its associated acquiring bank or financial institutions reserve the right to recover
the cost of goods, collection charges and lawyers fees from persons using the Website
fraudulently. Browsecart.com and its associated acquiring banks or financial institutions
reserve the right to initiate legal proceedings against such persons for fraudulent
use of the Website and any other unlawful acts or acts or omissions in breach of
these terms and conditions.
Products reviews, Website feedback, User comments:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to Browsecart.com on or by this Website or otherwise
disclosed, submitted or offered in connection with your use of this Website (collectively,
the "Comments") shall be and remain Browsecart.com property. Such disclosure, submission
or offer of any Comments shall constitute an assignment to Browsecart.com of all
worldwide rights, titles and interests in all copyrights and other intellectual
properties in the Comments. Thus, we own exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial or otherwise,
of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt,
create derivative works from, publish, display and distribute any Comments you submit
for any purpose whatsoever, without restriction and without compensating you in
any way. Browsecart.com is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay you any compensation for any Comments; or (3)
to respond to any Comments.
Browsecart.com does not regularly review posted Comments, but does reserve the right
(but not the obligation) to monitor and edit or remove any Comments submitted to
the Site. You grant Browsecart.com the right to use the name that you submit in
connection with any Comments. You agree not to use a false email address, impersonate
any person or entity, or otherwise mislead as to the origin of any Comments you
submit. You are and shall remain solely responsible for the content of any Comments
you make and you agree to indemnify Browsecart.com and its affiliates for all claims
resulting from any Comments you submit. Browsecart.com and its affiliates take no
responsibility and assume no liability for any Comments submitted by you or any
third party.
Copyright & Trademark:
Browsecart.com and its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology, content
and other materials, which appear on this Website. Access to this Website does not
confer and shall not be considered as conferring upon anyone any license under any
of Browsecart.com or any third party's intellectual property rights. All rights,
including copyright, in this website are owned by or licensed to Browsecart.com.
Any use of this website or its contents, including copying or storing it or them
in whole or part, other than for your own personal, non-commercial use is prohibited
without the permission of Browsecart.com. You may not modify, distribute or re-post
anything on this website for any purpose.
The Browsecart.com names and logos and all related product and service names, design
marks and slogans are the trademarks or service marks of Browsecart.com. All other
marks are the property of their respective companies. No trademark or service mark
license is granted in connection with the materials contained on this Website. Access
to this Website does not authorize anyone to use any name, logo or mark in any manner.
References on this Website to any names, marks, products or services of third parties
or hypertext links to third party websites or information are provided solely as
a convenience to you and do not in any way constitute or imply Browsecart.com endorsement,
sponsorship or recommendation of the third party, information, product or service.
Browsecart.com is not responsible for the content of any third party websites and
does not make any representations regarding the content or accuracy of material
on such websites. If you decide to link to any such third party websites, you do
so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs,
programs, music clips or downloads, video clips and written and other materials
that are part of this Website (collectively, the 'Contents') are intended solely
for personal, non-commercial use. You may download or copy the Contents and other
downloadable materials displayed on the Website for your personal use only. No right,
title or interest in any downloaded materials or software is transferred to you
as a result of any such downloading or copying. You may not reproduce (except as
noted above), publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of or exploit in any way, in whole or
in part, any of the Content, the Website or any related software. All software used
on this Website is the property of Browsecart.com or its suppliers and protected
by Indian and international copyright laws. The Content and software on this Website
may be used only as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display, or performance,
of the Content on this Website is strictly prohibited. Unless otherwise noted, all
Content are copyrights, trademarks, trade dress and/or other intellectual property
owned, controlled or licensed by Browsecart.com, one of its affiliates or by third
parties who have licensed their materials to Browsecart.com and are protected by
Indian and international copyright laws. The compilation (meaning the collection,
arrangement, and assembly) of all content on this Website is the exclusive property
of Browsecart.com and is also protected by Indian and international copyright laws.
Objectionable Material:
You understand that by using this Website or any services provided on the Website,
you may encounter Content that may be deemed by some to be offensive, indecent,
or objectionable, which Content may or may not be identified as such. You agree
to use the Website and any service at your sole risk and that to the fullest extent
permitted under applicable law, our affiliates and we shall have no liability to
you for Content that may be deemed offensive, indecent, or objectionable to you.
Termination:
This User Agreement is effective unless and until terminated by either you or Browsecart.com.
You may terminate this User Agreement at any time by informing us in writing through
Indian postal system by registered post, that you no longer wish to be associated
with this website, provided that you discontinue any further use of this Website.
Browsecart.com may terminate this User Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the Website. Such termination
will be without any liability to Browsecart.com. Upon any termination of the User
Agreement by either you or Browsecart.com, you must promptly destroy all materials
downloaded or otherwise obtained from this Website, as well as all copies of such
materials, whether made under the User Agreement or otherwise. Browsecart.com's
right to any Comments shall survive any termination of this User Agreement. Any
such termination of the User Agreement shall not cancel your obligation to pay for
the product already ordered from the Website or affect any liability that may have
arisen under the User Agreement.
Limitation of Liability and Disclaimers:
The Website is provided without any warranties or guarantees and in an "As Is" condition.
You must bear the risks associated with the use of the Website. The Website provides
content from other Internet websites or resources and while Browsecart.com tries
to ensure that material included on the Website is correct, reputable and of high
quality, it cannot accept responsibility if this is not the case. Browsecart.com
will not be responsible for any errors or omissions or for the results obtained
from the use of such information or for any technical problems you may experience
with the Website. This disclaimer does not apply to any product warranty offered
by the manufacturer of the product as specified in the product specifications. This
disclaimer constitutes an essential part of this User Agreement. To the fullest
extent permitted under applicable law, Browsecart.com or its suppliers shall not
be liable for any indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data or
other intangible losses arising out of or in connection with the Website, its services
or this User Agreement. Without prejudice to the generality of the section above,
the total liability of Browsecart.com to you for all liabilities arising out of
this User Agreement be it in tort or contract is limited to the amount charged to
you, against the value of the products ordered by you. Browsecart.com its associates
and technology partners make no representations or warranties about the accuracy,
reliability, completeness and/or timeliness of any content, information, software,
text, graphics, links or communications provided on or through the use of the Website
or that the operation of the Website will be error free and/or uninterrupted. Consequently,
Browsecart.com assumes no liability whatsoever for any monetary or other damage
suffered by you on account of the delay, failure, interruption, or corruption of
any data or other information transmitted in connection with use of the Website;
and/or any interruption or errors in the operation of the Website.
Website Security:
You are prohibited from violating or attempting to violate the security of the Website,
including, without limitation,
- Accessing data not intended for you or logging onto a server or an account which
you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other user, host or network, including,
without limitation, via means of submitting a virus to the Website, overloading,
'flooding,' 'spamming', 'mail bombing' or 'crashing;'
- Sending unsolicited email, including promotions and/or advertising of products or
services; or Forging any TCP/IP packet header or any part of the header information
in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability.
we will investigate occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting users who are involved
in such violations.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of this Website or any activity being conducted
on this Website.
You agree, further, not to use or attempt to use any engine, software, tool, agent
or other device or mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Website other than the
search engine and search agents available from Browsecart.com on this Website and
other than generally available third party web browsers (e.g., Mozilla Firefox,
Microsoft Internet Explorer).
Entire Agreement:
If any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed to be superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between you and Bizurge Inc. with respect to the our websites/services
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and us with respect to the our websites/services.
Our failure to act with respect to a breach by you or others does not waive its
right to act with respect to subsequent or similar breaches.
Governing Law and Jurisdiction:
This User Agreement shall be construed in accordance with the applicable laws of
India. The Courts at Panchkula (Haryana) shall have exclusive jurisdiction in any