“Besto” “Bestocart” app and “Bestocart.com” are the trademarks of Market Movers India Private Limited and is a E-commerce platform which is a provider of online shopping facilities to the public at large.
Rule 3(1) of the Information Technology (Intermediary) Guidelines, 2011 is the statutory legislation governing the rules and these are in consonance of the same. These form part of the electronic record as per the Information Technology Act and its amending legislations and provisions. This record is generated by a computer system and thus does not require any physical or digital signature. The Company is not liable to inform the registered or non-registered users before or after making any amendments to the Terms and Conditions. The revised version of the terms and conditions might or might not be available on the website instantly.
The Company requires every user to accept the terms and conditions in a specified manner before proceeding onto the usage of the website and the mobile application of the Company. Also, the continuous usage of the website or the mobile application shall affirm the acceptance of the terms and conditions.
Please read the terms and conditions enlisted below before you use the services of the website or the mobile application. Usage of materials, services and other information on the website legally signifies that you have accepted the terms and conditions of the website and the mobile application.
In case of any clarifications, please feel free to revert at firstname.lastname@example.org.
- Wherever, the context of ‘You’, or ‘User’ or ‘Customer’ has been used, it will imply that the reference is to any natural or legal individual/entity and/or its representative, successors and assigns who has agreed to the terms and conditions of usage of the website and the services provided by the same by entering information while registering on the website.
- The Terms such as ‘We’, ‘Us’, ‘Our’ and ‘Bestocart’ will imply Bestocart and / or its representative, successors and assigns.
- “Website” is reference to our website www.bestocart.comor our mobile application through which we offer our goods and services.
- “Store” means and includes the retail, franchise or other stores forming part of the distribution network of the Company which has agreed to subscribe to business model of the company for offering/delivering goods and services.
ELIGIBILITY TO USE
Any individual who is above the age of 18 years, any firm, company or association can duly subscribe to our services. The User represents that he/she is of legal age to enter into a legal obligation with the website and has not been restricted access to use the services offered by the website. A minor shall be allowed to use the services offered by the website only under the guardianship of an adult in accordance with the laws of India. If a User does not fall within the ambit of the aforementioned eligibility criteria, he/she will not be allowed to use the services offered by the website.
CUSTOMER REGISTRATION INFORMATION
USERNAME AND PASSWORD REQUEST
The Username and Password requested by a customer is subject to the discretion of the Company. We may or may not accept the desired username and password as per the database so as to keep uniqueness. Recommendations will be provided to a new entrant in case the desired username and password is not approved due to any factor. During the registration process, the User’s ID along with the information is set. The user can change/add its contact numbers and addresses of delivery as per the usage and requirement of the user.
At the time of registration, it is imperative to add all the requisite details in the registration form to proceed to the next step. You are liable to provide us with correct information with respect to your age, whenever and wherever asked for, as it will determine your eligibility to legally contract with us. You should keep all the corrected information and your details of delivery address, contact numbers and other correspondence and communication updated at all times at your own responsibility. Company reserves its right to disable the ID of the user or to refuse registration at its own discretion.
Company shall not be responsible and can neither be alleged to be deficient in services in the following circumstances:
(i) Wrong delivery address provided by the User;
(ii) Any loss to the User/Customer by furnishing incorrect or wrong particulars on the website of the company;
(iii) Any deficit in remittance of payment to the company for the products ordered and
(iv) Any wrong information or content published by the user on the website which violates the applicable laws, user shall be prosecuted under the statutory laws for the same.
RESTRICTED USE OF WEBSITE
User agrees not to use the content of the website in any unlawful manner. The user cannot copy, reproduce, republish, post, upload, display, translate, transmit or distribute any part of the Website or the content provided herein to any other means without taking prior consent from Bestocart.
Stores can use the information provided on Bestocart but are strictly prohibited to:
- Amend, Modify or remove any notice in any document;
- Personal and non-commercial use of information;
- Post or upload information of Bestocart to any other networked computer;
- Make any amendments/additions/deletions to the existing documentation;
- Personal use of any content/image/information/design.
CUSTOMER OPINION AND FEEDBACK
The company works on the principles of genuine feedback and improvement and thus encourages opinion of customers. The company has a policy of reporting all feedback on its website to the senior level officers, who make every effort to improvise on the matters within the ambit of the company.
All opinions, reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website or otherwise disclosed, submitted or offered in connection with use of the Website or the mobile application (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use in any manner whatsoever whether commercial or otherwise.
Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.
User may opt for Cash on Delivery option whereby the user shall make the payment to the company’s authorized representative who shall be delivering the order. The user shall be given a proper receipt as against the payment with the order.
User is entitled to use his/her credit/debit or any other payment cards or online banking facility to make the payment for goods ordered on website or mobile application. User understands and agrees that the facilitation of payment through credit cards, debit cards, internet banking etc., are all processed through an outsourced third party payment processor. The usage of these gateways might require further acceptance of certain terms and conditions between the user and them.
The user agrees to indemnify and hold the company harmless and its employees as well as representatives, assigns, successors at all times against all or any claims, damages, liabilities, costs and expenses including attorney’s fees caused by or arising out of claims based upon the actions or omissions of the user. This clause shall survive the termination or expiry of this user agreement as well.
This User agreement is valid and subsisting till the time the user continues to use the website or mobile application of the company. The user may discontinue any further use of the website at any time. The company may also terminate this agreement with or without notice and accordingly block the access of the user to the website or mobile application. Such termination shall be without any liability to the company. User undertakes to destroy or delete all the material if any downloaded from the website or mobile application of the company at the time of discontinuation of its services.
In case if a dispute arises between the User and Company, both shall submit to the jurisdiction of a sole arbitrator appointed by the company and under the provisions of Arbitration and Conciliation Act, 1996. The disputes shall be subject to the jurisdiction of the courts at Bhopal.
Any dispute arising out of or in connection with this agreement between the store and the company shall be resolved by referring the dispute to an arbitrator mutually appointed by both the parties or in case of dispute as appointed by the Hon’ble High Court at Prayagraj, Uttar Pradesh having jurisdiction over this agreement. The said arbitration shall be in consonance with the provisions of the Arbitration and Conciliation Act, 1996. This agreement shall be governed by the laws of India.