Welcome to HeritageCart. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of HeritageCart marketplace platform (hereinafter referred to as “HERITAGECART”)

user use of the HeritageCart and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the HeritageCart including the applicable policies which are incorporated herein by way of reference. By mere use of the HeritageCart, User shall be contracting with HeritageCart and these terms and conditions including the policies constitute user obligationsbinding, with HeritageCart.

For the purpose of these Terms of Use, wherever the context so requires “User” or “User” shall mean any natural or legal person who has agreed to become a buyer on the HeritageCart by providing Registration Data while registering on the HeritageCart as Registered User. The term “HeritageCart”,”Heritage cart”,”Us”,”Our” shall mean HeritageCart.

  1. User Account, Password, and Security:

If User use the HeritageCart, User shall be responsible for maintaining the confidential data of user Display Name and Password and User shall be responsible for all activities that occur under user Display Name and Password. User agree that if User provide any information that is untrue, Heritage cart shall have the right to indefinitely suspend or terminate or block access of user membership on the HeritageCart.

User agree to

(a) immediately notify HeritageCart of any unauthorized use / breach of user password or account and

(b) ensure that user exit from user account at the end of each session.

  1. Services Offered:

HeritageCart provides a number of Internet-based services through the HeritageCart. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”). The Products can be purchased through the HeritageCart through various methods of payments offered.. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

HeritageCart does not warrant that Product description or other content of HeritageCart is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

  1. Platform for Transaction and Communication:

The HeritageCart is a platform that Users utilize to meet and interact with one another for their transactions. HeritageCart is not and cannot be a party to or control in any manner any transaction between the HeritageCart’s Users. Henceforward:

  1. HeritageCart does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
  1. HeritageCart does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the HeritageCart.
  1. HeritageCart is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. HeritageCart cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the HeritageCart.
  1. At no time shall HeritageCart hold any right, title or interest over the products nor shall HeritageCart have any obligations or liabilities in respect of such contract b/w buyer and seller.
  2. The HeritageCart is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. HeritageCart 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..HeritageCart 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.
  1. Pricing on any product(s) as is reflected on the HeritageCart 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 user order(s).
  1. User release and indemnify HeritageCart 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 HeritageCart and specifically waive any claims that user may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, HeritageCart cannot take responsibility or control the information provided by other Users which is made available on the HeritageCart.
  1. User Conduct and Rules on the HeritageCart:

User agree, undertake and confirm that User use of HeritageCart shall be strictly governed by the following binding principles:

  1. a) User shall not host, display, upload, modify, publish, transmit, update or share any information which: belongs to another person and to which User do not have any right to;is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;is misleading in any way;involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);provides instructional information about illegal activities such as making or buy illegal weapons, violating privacy, or creating computer viruses; video, photographs, or images of another person.tries to gain unauthorized access or exceeds the scope of authorized access to the HeritageCart or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the HeritageCart or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; interferes with another USER’s use and enjoyment of the HeritageCart or any other individual’s User and enjoyment of similar services;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 or involve the sale of counterfeit or stolen products;violates any law for the time being in force;

threatens the unity, integrity, defense, 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 other nation;shall not be false, inaccurate or misleading;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;

  1. Heritage cart on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the HeritageCart, user accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the HeritageCart. User agree and undertake that when accessing, viewing and/or posting any user generated content on these pages User will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the HeritageCart.
  1. User 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 HeritageCart or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the HeritageCart or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the HeritageCart. Heritage cart reserve Our right to bar any such activity.
  1. User shall not attempt to gain unauthorized access to any portion or feature of the HeritageCart, or any other systems or networks connected to the HeritageCart or to any server, computer, network, or to any of the services offered on or through the HeritageCart, by hacking, password “mining” or any other illegitimate means.
  1. User may not pretend that User are, or that User represent, someone else, or impersonate any other individual or entity
  1. User 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, Octopi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding User use of Our service and User listing, purchase, solicitation of offers to purchase, and sale of products or services. User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  1. From time to time, User shall be responsible for providing information relating to the products or services proposed to be sold by User. In this connection, User undertake that all such information shall be accurate in all respects. User shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  1. User shall not engage in advertising to, or solicitation of, other Users of the HeritageCart to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the HeritageCart or related to us.
  1. The Content posted does not necessarily reflect HeritageCart views. In no event shall HeritageCart assume or have any responsibility or responsibility for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the HeritageCart. User hereby represent and warrant that User have all necessary rights in and to all Content which User provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
  1. HeritageCart hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. HeritageCart Return & Exchange Policy offers User the option to return or exchange items purchased on HeritageCart within thirty (30) days of the receipt. In case of return of the purchased item, please refer to the “Return Policy” on our HeritageCart.
  1. Contents Posted on HeritageCart:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and HeritageCart has no control over such third party user generated content as HeritageCart is merely an intermediate for the purposes of this Terms of Use. Such Content will become Our property and User grant Us the worldwide, continuous and transferable rights in such Content. Heritage cart shall be entitled to, reliable with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of copied works that may include the Content User provide.

User may use information on the products and services purposely made available on the HeritageCart for downloading, provided that User

(1) do not remove any proprietary notice language in all copies of such documents,

(2) use such information only for user 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.

  1. Privacy:

Heritage cart view protection of User privacy as a very important principle. Heritage cart understand clearly that User and User Personal Information is one of Our most important assets. Heritage cart store and process User Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. Heritage cart may share personal information with our other corporate entities and affiliates.

Heritage cart may disclose personal information if required to do so by law or in the good faith belief that such revelation is reasonably necessary to respond to subpoenas, court orders, or other legal process. Heritage cart may disclose personal information to law implementation offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

Heritage cart and our affiliates will share / sell some or all of user personal information with another business entity should Heritage cart (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, merger, rearrangement of business. Heritage cart have developed this Privacy Policy to protect User personal/financial information and keep it private. By visiting Our HeritageCart, user are accepting and agreeable to the practices described in this Privacy Policies. The following Privacy Policy and Cookie Policy outlines the information Heritage cart may process and how Heritage cart may use that information to better serve user while using our HeritageCart.

  1. Correspondence Information. Following are the various Correspondence Information which User provide when User access/register for Our Service includes:

Children under the age of 18: Use of the HeritageCart is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the HeritageCart. If user are a minor i.e. under the age of 18 years, user shall not register as a User of the HeritageCartHeritageCart and shall not transact on or use the HeritageCart. As a minor if user wish to use or transact on HeritageCart, such use or transaction may be made by user legal guardian or parents on the HeritageCart.

Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.

Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised that HeritageCart ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS).

Payment and Account Information: User account history with us including (without limitation) all billing information and communications, payment history etc. Heritage cart maintain this in coded form on secure servers. However, user transactions details may be well-kept by HeritageCart for purposes of tax or governing compliance.

Transactional Information: Order ID, transactional history (other than banking details) about user e-commerce activities on our HeritageCart.

User IDs: User usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by user in relation to our Services.

Stored Information: Data either created by user or by a third party and which user wish to store on our servers such as image files, documents etc.

Shared Information: What types of information are not allowed on HeritageCart?

Nudity or other sexually suggestive content

Hate speech, credible threats or direct attacks on an individual or group

Content that contains self-harm or excessive violence

Fake or impostor profiles

Spam

  1. Technical and functional management of the Mobile App. When user use our HeritageCart, Heritage cart also process technical data such as user IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of user mobile device. Heritage cart use this data to enable us to deliver the functionalities of the HeritageCart, resolve practicalproblems, and provide user with the correct (prevent the transmission of spam, viruses and/or unlawful, insulting, obscene or otherwise unwanted material or content) and most up to date version of the HeritageCart.
  1. Operational Use. Heritage cart may use user information for signifying products and marketing offers and schemes. User may update user profiling information at any time on the HeritageCart. User acknowledge and agree such update is for User interests and for improving personalization and service efficiency of the HeritageCart.

Note: User acknowledge that, Heritage cart will only disclose user information in ancombined form which is not capable of being used or interpreted in such a manner as to identify user. d. Applicable law and procedure. Heritage cart collect and store user Correspondence Information to: (a) comply with our responsibilities under law; and (b) monitor user use of our Services in order to ensure useragreement with our Terms of Service.

Note: However, as effective as encryption technology is, no security system is impenetrable. Heritage cart cannot guarantee the security of our database, nor can Heritage cart guarantee that information user supply won’t be intercepted while being transmitted to us over the Internet. Any broadcast of information by user to our HeritageCart is at user own risk. Heritage cart recommend that user do not relateuser password to anyone.

  1. Cookie Policy. A cookie is a small text file that Heritage cart place on user mobile device to enable several features of HeritageCart. “Cookies” are used to store user favorites and to track user trends, so as to enhance user interactive experience and generally improve our Facilities to user. User can change user cookie settings to accept or not accept cookies in user browser settings. If user do accept a “cookie”, user thereby agree to our use of any Personal Information collected by us using that Cookie. If user do accept a “cookie”, user thereby agree to our use of any Personal Information collected by us using that Cookie.
  1. Third Party. At times Heritage cart may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such cases, User personal information may be shared with such third parties and/or may become available to them or be related to them, such third parties may have their own applicable privacy rules and Heritage cart shall not be liable for the use or misuse of User information by such third parties.

Heritage cart only collect user Personal Information to conduct our business and to enable us to deliver and improve our services. Heritage cart do not for any reason whatsoever sell userEmail Information to any third party or otherwise trade on it.

  1. Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to User through HeritageCart are provided on “as is” and “as available” basis without any representation or warranties, express or understood except otherwise specified in writing. Without prejudice to the forgoing paragraph, HeritageCart does not warrant that: HeritageCart will be constantly available, or available at all; or The information on HeritageCart is complete, true, accurate or non-misleading.

All the Products sold on HeritageCart 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 User. User will be required to enter a valid phone number while placing an order on the HeritageCart. By registering User phone number with us, User consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. Heritage cart will not use user personal information to initiate any promotional phone calls or SMS.

  1. Selling:

As a registered seller, user are allowed to list item(s) for sale on the HeritageCart in accordance with the Policies which are incorporated by way of reference in this Terms of Use. User must be legally able to sell the item(s) user list for sale on our HeritageCart. User must ensure that the listed items do not infringe upon the intelligent property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe user item for sale. All listed items must be listed in an appropriate category on the HeritageCart. All listed items must be kept in stock for successful completion of sales. The listing description of the item must not be confusing and must describe actual condition of the product. If the item description does not match the actual condition of the item, user agree to refund any amounts that user may have received from the Buyer. User agree not to list a single product in multiple numbers across various categories on the HeritageCart. HeritageCart reserves the right to delete such multiple listings of the same product listed by user in various categories.

Heritage cart may provide userchange services (limited to alteration of length, alteration of the waist size) for the garments purchased by User from Us. This service shall be free of cost and no amount would be collected from User for such alteration. However, a token fee as mentioned by HeritageCart at the time of creating the changerequest (inclusive of service tax) would be applicable as suitability charge towards pick up and drop of the garments or towards tailor visit (wherever applicable).

  1. Indemnity:

User shall cover and hold harmless HeritageCart, its owner, licensee, affiliates, companies, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable advocates’ fees, made by any third party or penalty imposed due to or arising out of Useropening of this Terms of Use, privacy Policy and other Policies, or User violation of any law, rules or regulations or the rights (including violation of intellectual property rights) of a third party.

  1. Trademark, Copyright and Restriction:

HeritageCart is controlled and operated by HeritageCart and products are sold by respective Sellers. All material on HeritageCart, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intelligent property rights. Material on HeritageCart is solely for User personal, non-commercial use. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and User must not assist any other person to do so. Without the previous written consent of the owner, modification of the materials, use of the materials on any other HeritageCart or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other branded rights, and is prohibited. Any use for which User receive any payment, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that User will hold ownership and shall exclusively be responsible for any content that User provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which user may upload, transmit or store when making use of Our several Service. However, Heritage cartbackup the right to use/reproduce any content uploaded by User and User agree to grant royalty free, permanently, unconditionally, continuously and worldwide right to Us to use the content for reasonable business purpose.

  1. Limitation of Liability:

In no event shall HeritageCart be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

(a) the use or the inability to use the Services or Products;

(b) unauthorized access to or alteration of the user’s transmissions or data;

(c) breach of condition, representations or warranties by the manufacturer of the Products

(d) any other matter relating to the services; including, without limitation, damages for loss of use data  arising out of or in any way connected with the use or presentation of the HeritageCart or Service. HeritageCart shall not be held responsible for non-availability of the HeritageCart during periodic maintenance operations or any unplanned suspension of access to the HeritageCart. To the maximum extend that is permissible under law, HeritageCart’s liability shall be limited to an amount equal to the Products purchased value bought by User. HeritageCart shall not be liable for any dispute or disagreement betweenUsers

  1. Termination:
  2. HeritageCart may suspend or terminate user use of the HeritageCart or any Service if it believes, in its sole and absolute discretion that user have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until HeritageCart chooses to terminate them.
  1. If User or HeritageCart terminates user use of the HeritageCart or any Service, HeritageCart may delete any content or other materials relating to user use of the Service and HeritageCart will have no responsibility to user . However, user transactions details may be preserved by HeritageCart for purposes of tax or regulatory agreement.
  1. User shall be liable to pay for any Service or Product that user have already ordered till the time of Termination.
  1. If HeritageCart unilaterally terminates User account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to User..
  1. Jurisdictional Issues/Sale in India &usa:

Unless otherwise specified, the material on the HeritageCart is presented onlyfor the purpose of sale .HeritageCart make no representation that materials in the HeritageCart are appropriate or available for use in other locations other than India&usa. Those who choose to access HeritageCart from other locations other than India or usa do so on their own initiative and HeritageCart is not responsible for supply of products/refund for the products ordered from other locations other than India or usa with indianlaws  are applicable.

  1. Governing Law:

These terms shall be governed by and made in agreement with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive authority of courts, tribunals, for a applicable authorities at Haryana.

  1. Contacting the Seller:

At HeritageCart, Heritage cart are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. How ever in the event that User wish to contact HeritageCart about the seller, User may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, User may also reach out to customer support at +91-972 951 1119 or access help center at https://www.HeritageCart.com/contactus.