This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The only persons who have form legally binding contracts under Indian Contract Act, 1872 can use the Website. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not entitled to use the Website. If you are under the age of 18 years, you shall not register as a Elabcart website user and shall not execute on or make use of the website. If the people under 18 want to use or transact on website, such exercise or transaction may be completed by your legal guardian or parents on the Website. Elabcart reserves the right to finish your membership and / or refuse to grant you the permission to use the Website if it is brought to Elabcart’s notice or if it is discovered that you are under the age of 18 years.
If you access the Website or send out electronic mails or other information, or conversation to Elabcart, You acknowledge and realize that you are interacting with us through automated data and you agree to obtain information via digital files from us regularly whenever necessary. We can converse with you by mail or similar ways of communications.
We will not be accountable for any enterprise loss (including loss of revenue, income, deals, a good reputation or misused expenses) or any other oblique or resulting damage that is not relatively expected to both you and us when an agreement for the acquirer of products by us to you was established.
The Account on the Elabcart site is totally free for buyers. We do not ask for any cost for searching and purchasing items on the Site. Elabcart hold the authority to modify its Fee Scheme periodically. Specifically, Elabcart may at its sole discretion present new products and services and transform some or all of the current services presented on the Site. If there are any fee changes then it will be posted on the Website and that changes will be applied immediately after posting on the website. You are completely liable for the consent with all appropriate laws.
You must acknowledge, understand and ensure that your use of Site shall be strictly regulated by the following holding guidelines:
1. You should not sponsor, present, post, transform, submit, send, upgrade or promote any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is ridiculously dangerous, annoying, blasphemous, defamatory, indecent, adult, pedophilic, harmful, obtrusive of another's level of privacy, hateful, or racially, ethnically undesirable, disparaging, pertaining or stimulating income laundering or betting, or in any other case illegal in any manner no matter what; or illegitimately frightening or illicitly annoying including but not restricted to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is deceiving in any way;
(d) is patently unpleasant to the internet community, such as intimately precise information, or articles that encourages obscenity, paedophilia, racial discrimination, bigotry, hate or real harm of any kind against any group or personal;
(e) Harasses or advocates harassment of another person;
(f) promotes illegal actions or conduct that is violent, harmful, obscene, defamatory or libellous;
(h) intrudes 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];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains video, photographs, or images of another person (with a minor or an adult).
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or the other automated system, application, formula or technique, or any similar or comparative manual procedure, to access, replicate, content or monitor any section of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not probe, scan or test the susceptibility of the Website or any system neither linked to the Website nor violates the safety or verification procedures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or customer to Website, or any other customer, including any profile on the Site not owned by You, to its resource, or manipulate the Website or any service or details made accessible or presented by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
4. You may not forge headers or otherwise change identifiers in order to conceal the origin of any information or transmittal you send to Us on or through the Site or any program provided on or through the Website. You may not pretend that You are, or that You signify, someone else, or impersonate any other individual or entity.
5. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
7. From time to time, You shall be responsible for delivering information pertaining to the products or services recommended to be sold by You. In this connection, You tackle that all such details shall be appropriate in all respects. You shall not embellish or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
9. Elabcart will have all the privileges to take required action and declare loss that may occur due to your participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
10. Make sure you do not list the products that are illegal in India or some other countries. In case we find you breaking rules, Elabcart can take legal actions.
11. The vendor is responsible for providing the accurate information about the product or service, if any changes have to be made, please address this change in 15 days advance.
12. The vendor is responsible for the product quality, warranty and handles any customer complaints. Otherwise, the customers have the full rights to take legal action against him.
Banned list of Products referred to in the Master Agreement is as mentioned herein below:
1) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
2) Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
3) Body parts which includes organs or other body parts.
4) Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
5) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
6) Child pornography which includes pornographic materials involving minors.
7) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
8) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
9) Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
10) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods.
11) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
12) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
13) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
14) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
15) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
16) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.
17) Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
18) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
19) Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred.
20) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
21) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
22) Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
23) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.
24) Securities, which includes stocks, bonds, or related financial products.
25) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
26) Traffic devices which includes radar detectors/ jammers , license plate covers, traffic signal changers, and related products.
27) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
28) Wholesale currency which includes discounted currencies or currency exchanges.
29) Live animals or hides/skins/teeth, nails and other parts etc of animals.
30) Multi Level Marketing collection fees.
31) Matrix sites or sites using a matrix scheme approach.
32) Work-at-home information.
33) Drop-shipped merchandise.
34) Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
35) The Merchant shall not sell, purchase, provide or exchange a cardholder’s name or MasterCard / Visa account number information in any form obtained by reason of a MasterCard/ Visa Card transaction to any third party other than its MasterCard/ Visa acquiring member-Citrus Pay, or pursuant to a government /statutory or competent body’s request.
36) Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances
37) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications
38) Securities which includes stocks, bonds, or related financial products