TERMS OF USE

We, Thara Cart India Private Limited (“Company”, “we”, “us', or 'our'), a private limited company incorporated under the Companies Act, 2013 with our registered office at THARA CART INDIA PRIVATE LIMITED HNO-8,G2-523/16,GROUND FLOOR,RAINBOW ARCADE GOLCONDA TOLI CHOWKI HYDERABAD-500008 TELANGANA, is the owner and operator of the website www.tharacart.com ("Website") the mobile application Thara Cart (the 'App') collectively referred to as the “Thara Cart Platform”

Any person using, accessing the Thara Cart Platform or availing the Thara Cart Services (defined in Clause I) therein is bound by the Terms enumerated herein (“User”, or “you”)

The access and use of the Thara Cart Platform and the Thara Cart Services enumerated herein are subject to the various terms published herein and elsewhere in the Platform from time to time (“Terms”).

The terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of another and Thara Cart India Private Limited, concerning your access to and use of the Services. You agree that by accessing the Platform and availing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by support@tharacart.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

THARA CART SERVICES
1. We are a marketplace ecommerce entity as defined under Regulation 3(g) of the Consumer Protection Ecommerce Rules, 2020 whereby we own, operate and manage the Thara Cart Platform to facilitate the transaction between buyers and sellers of products (“Thara Cart Services”). Thara Cart Services do not include maintaining or managing any inventory of goods and our services are confined to connecting the buyers and sellers. the selection of sellers of any Product is totally determined by you.
2. When you place an order for purchasing the Product listed in the Thara Cart platform, the order is an is an offer to buy the product(s) from the respective Seller who has listed the Product. Upon receipt an offer, Thara Cart will inform you the receipt of the offer (“Offer Confirmation”). The offer confirmation does not mean that the sale is undertaken, it just provides a receipt of offer and should not be construed as the sale is confirmed.
3. Please note that the offer you made is only confirmed when the Seller confirms the Order and the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Sale Confirmation E-mail").
4. Your contract is with the Seller. You can cancel your order for a product at no cost any time before we send the Sale Confirmation E-mail relating to that product.
5. Our Services also include facilitating the payment transactions between buyers and sellers and hence we may collect the payment on behalf of the seller and transfer the payment to the seller in accordance with terms agreed with them. Our payment related terms can be accessed Here
6. We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
7. Further we may according to certain products sold through Thara cart Platform undertake shipping of the Products sold by the buyers. The terms in which we undertake delivery and shipping with respect to the products is provided Shipping & Delivery Policy
8. You may opt to return a product subject to such conditions as we may provide. You may read our return policy Here for determination of the manner in which we undertake returns.
REGISTERATION
1. You understand and agree that:
  1. the Thara Cart Services are deemed solely provided in India;
  2. all use of and benefits from the Platform shall be deemed to be received or enjoyed solely within India. Thara Cart controls and operates the Platform and makes no representation that the contents of the Thara Cart Platform are appropriate or available for use outside of India. If you use the Thara Cart Platform from a location outside India you are responsible for compliance with Applicable Laws.
2. Your access of the Thara Cart Platform or availment of the Thara Cart Services shall be subject to your registration with us. Please note that we may permit a limited access to the Users to Thara Cart platform. However, the same should not be construed directly or indirectly as a license to avail the services or access the Thara Cart Platform.
3. To fully avail the benefit of Thara Cart Services provided by the Platform, you shall be registered with the Thara Cart Platform. For registration with us, you are required to provide true, accurate and current information as prompted by the Thara Cart Platform, as and when required
4. We reserve our right to deny registration, if You fail to meet the registration criteria. By way of example you shall not be eligible for registration if:
  1. You are below 18 years of age or not legally competent to contract;
  2. You have been terminated / suspended from accessing the Thara Cart Platform availing the Thara Cart Services before;
5. Your registration with the Thara Cart Platform results in the formation of an account in your name and you will be provided with a username and password (“Account”). Each username and password must be used by a single user and is not transferable. You are entirely responsible for all activities which occur in your Account, including unauthorized use of your or any other credit card. You must notify us, immediately if you become aware of any unauthorized use of your Account, username and/or password. If you forget or lose your password, you shall request a new password.
6. You agree that you shall only register under the same name and credentials even if you create Accounts after the expiry of the first Account. In case Company decides to delete the Account or debar you from use of the Thara Cart Platform for any reason whatsoever, you shall not directly or indirectly enrol with the Thara Cart Platform again.
7. You agree that you will update the information provided by you while registering with Us, and any other information you provide to Us. You agree that we are not responsible for any failure of Thara Cart Service due to information being incomplete, inaccurate and non-updated.
8. You agree to provide Company with any information or documents as may be requested by Company or any other authority without any protest for the purpose of enabling Company and/or authority to verify the accuracy of the information provided by you and conformity of your use of the Platform with these Terms of Use.
9. You shall be fully responsible for all use and for any actions that take place using your Account.
USE OF THARA CART PLATFORM
1. Subject to your compliance with the Terms provided by us, we grant you a non-exclusive, non-transferable, revocable licence to access the Thara Cart Platform and avail the Thara Cart Services.
2. You agree that, the license granted under Clause III (A) is a very limited right and you agree not to use the Thara Cart Platform/Services to:
  1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity, including, but not limited to, Company official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
  4. “stalk” or otherwise harass another User; or
  5. Collect or store personal data about other Users.
3. While accessing the Thara Cart Platform or availing the Thara Cart Services, You agree not to host, display, upload, modify, publish, transmit, update or share any information that:
  1. belongs to another person and to which You do not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person, contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  8. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

Your use of the Thara Cart Platform or access of the Thara Cart Services shall be restricted to any unfavourable or illegal or harmful acts as deemed by us in our sole discretion including but not limited to the following:
1. You will not delete or modify any content of the Platform including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
2. You will not decipher, decompile, reverse engineer, or disassemble the content, or
3. You will not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
4. You will not remove any copyright, trademark registration, or other proprietary notices from the Platform. You further agree not to access or use this Platform in any manner that may be harmful to the operation of Thara Cart Platform or its content.
5. You will not frame or hotlink or deep link any content hosted by the Company
6. You will not use the Thara Cart Platform and / or Thara Cart Services in any way that is unlawful, illegal or harms the Company or any other person or entity,
7. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing' and “griefing” as those terms are commonly understood and used on the Internet.
8. You will not Systematically retrieve data or other content from the Thara Cart Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
9. You will not Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
10. You will not circumvent, disable, or otherwise interfere with security-related features of the Thara Cart Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
11. You will not disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
12. You will not Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Thara Cart Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Thara Cart Services.
13. You will not Use a buying agent or purchasing agent to make purchases on the Services.
14. You will not Sell or otherwise transfer your profile.
Company, upon obtaining knowledge by itself or through any other source, shall be entitled to disable such information that is in contravention of this Terms of Use and shall be entitled without obligation to preserve such information and associated records for the purpose of production to governmental authorities for investigation purposes.

USER CONTENT AND CONTRIBUTIONS
1. The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Thara Cart Services, including but not limited to reviews, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions').
2. Contributions may be viewable by other users of the Thara CartServices and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
3. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
4. You understand that as part of Your access as well as in course of Your use of the Thara Cart Platform, You may receive information from Company on such registered devices and registered email accounts. These information will relate to Your transactions that You carry out through the Platform and any such information found suitable of Your attention by Company. Please note that Company will send these information only to such contact details provided by you. It shall be the responsibility of the User to ensure that you provide the correct contact information.

By registering with our Platform, You agree to receive promotional and non-promotional messages, calls and mails from Company or on behalf of Company. In the event if you wish to unsubscribe to such promotional message and mails, you shall have the option to do so.

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Thara Cart Services, satisfy any legal requirement that such communication be in writing.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
We may provide you areas on the Thara Cart Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:
1. you should have firsthand experience with the person/entity being reviewed;
2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
4. your reviews should not contain references to illegal activity;
5. you should not be affiliated with competitors if posting negative reviews;
6. you should not make any conclusions as to the legality of conduct;
7. you may not post any false or misleading statements; and
8. you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

INTELLECTUAL PROPERTY RIGHTS
1. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
2. Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
3. The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
4. Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
6. When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.
7. This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
USER REPRESENTATIONS
1. By using the Services, you represent and warrant that:
  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Legal Terms;
  4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
  5. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
  6. you will not use the Services for any illegal or unauthorised purpose; and
  7. your use of the Services will not violate any applicable law or regulation.
2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
PURCHASES AND PAYMENT
1. We accept the following forms of payment:

- Visa

- Mastercard

- UPI

- WALLET

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian Rupees.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
Any refund shall be subject to the refund terms Here
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

PROMOTIONS AND THARA CART COINS
1. Thara Cart may provide additional promotions and reward schemes. The terms for such additional promotions and reward schemes shall be in addition to the Terms herein.
2. Thara Cart also provides a reward coin under the name Thara Cart Coins. The terms of Thara Cart Coins are provided here
THIRD-PARTY WEBSITES AND CONTENT
1. The Thara Cart Platform or Thara Cart Service may contain (or you may be sent via the Site or App) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content').
2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Thara Cart Platform or Thara Cart Service or any Third-Party Content posted on, available through, or installed from the Thara Cart Platform or Thara Cart Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
3. If you decide to leave the Thara Cart Platform or Thara Cart Service and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
DENIAL OF ACCESS AND SERVICES
1. These Legal Terms shall remain in full force and effect while you Thara Cart Platform or Thara Cart Service.
2. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE THARA CART PLATFORM OR THARA CART SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
3. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
AMENDMENT
1. We reserve the right to change, modify, or remove the contents of the Thara Cart Services or the terms at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
2. We cannot guarantee the access of the Thara Cart platform or Thara Cart Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Thara Cart Platform or Thara Cart Services, resulting in interruptions, delays, or errors.
3. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Thara Cart Platform or Thara Cart Services at any time or for any reason without notice to you.
4. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Thara Cart Platform or Thara Cart Services during any downtime or discontinuance of Thara Cart Platform or Thara Cart Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Thara Cart Platform or Thara Cart Service or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
1. These Legal Terms shall be governed by and defined following the laws of India. The courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
LIABILITY, INDEMNITY AND DISCLAIMER
1. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
  3. ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
2. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
  1. your Contributions;
  2. use of the Thara Cart Services;
  3. breach of these Legal Terms;
  4. any breach of your representations and warranties set forth in these Legal Terms;
  5. your violation of the rights of a third party, including but not limited to intellectual property rights; or
  6. any overt harmful act toward any other user of the Services with whom you connected via the Services.
4. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
PRIVACY POLICY

We will maintain certain data that you transmit or provide to the Thara Cart Services and Thara Cart Platform These data’s are handled as per our Privacy Policy provided here

WAIVER
1. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
2. We may assign any or all of our rights and obligations to others at any time.
3. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
4. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Thara Cart Services. You agree that these Terms will not be construed against us by virtue of having drafted them.
GRIEVANCE REDRESSAL OFFICER & CONTACT
1. You may contact us for receiving any information regarding Thara Cart Platform or Thara Cart Services.
2. In order to resolve a complaint regarding the Thara Cart Services or Thara Cart Platform you may contact the Grievance Officer at the below mentioned address

Name: RAFEEK

Designation: Grievance officer

e-mail: grievanceofficer@tharacart.com

Address: THARA CART INDIA PRIVATE LIMITED, 1/152-26, Royal Trade Centre, Bypass Road - Perinthalmanna, Malappuram, Kerala, India, Pin:679322,

Contact no: +91 - 8589858588

THARA CART SERVICES

Please note that the offer you made is only confirmed when the Seller confirms the Order and the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Sale Confirmation E-mail").

Your contract is with the Seller. You can cancel your order for a product at no cost any time before we send the Sale Confirmation E-mail relating to that product.

Our Services also include facilitating the payment transactions between buyers and sellers and hence we may collect the payment on behalf of the seller and transfer the payment to the seller in accordance with terms agreed with them. Our payment related terms can be accessed Here

Further we may according to certain products sold through Thara cart Platform undertake shipping of the Products sold by the buyers. The terms in which we undertake delivery and shipping with respect to the products is provided Shipping & Delivery Policy

You may opt to return a product subject to such conditions as we may provide. You may read our return policy Here for determination of the manner in which we undertake returns.

REGISTERATION

You understand and agree that:

the Thara Cart Services are deemed solely provided in India;

To fully avail the benefit of Thara Cart Services provided by the Platform, you shall be registered with the Thara Cart Platform. For registration with us, you are required to provide true, accurate and current information as prompted by the Thara Cart Platform, as and when required

We reserve our right to deny registration, if You fail to meet the registration criteria. By way of example you shall not be eligible for registration if:

You are below 18 years of age or not legally competent to contract;

You have been terminated / suspended from accessing the Thara Cart Platform availing the Thara Cart Services before;

You agree that you will update the information provided by you while registering with Us, and any other information you provide to Us. You agree that we are not responsible for any failure of Thara Cart Service due to information being incomplete, inaccurate and non-updated.

You shall be fully responsible for all use and for any actions that take place using your Account.

USE OF THARA CART PLATFORM

Subject to your compliance with the Terms provided by us, we grant you a non-exclusive, non-transferable, revocable licence to access the Thara Cart Platform and avail the Thara Cart Services.

You agree that, the license granted under Clause III (A) is a very limited right and you agree not to use the Thara Cart Platform/Services to:

upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

impersonate any person or entity, including, but not limited to, Company official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;

“stalk” or otherwise harass another User; or

Collect or store personal data about other Users.

While accessing the Thara Cart Platform or availing the Thara Cart Services, You agree not to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which You do not have any right to;

is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;

harm minors in any way;

infringes any patent, trademark, copyright or other proprietary rights;

violates any law for the time being in force;

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

impersonate another person, contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

Your use of the Thara Cart Platform or access of the Thara Cart Services shall be restricted to any unfavourable or illegal or harmful acts as deemed by us in our sole discretion including but not limited to the following:

You will not delete or modify any content of the Platform including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;

You will not decipher, decompile, reverse engineer, or disassemble the content, or

You will not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;

You will not remove any copyright, trademark registration, or other proprietary notices from the Platform. You further agree not to access or use this Platform in any manner that may be harmful to the operation of Thara Cart Platform or its content.

You will not frame or hotlink or deep link any content hosted by the Company

You will not use the Thara Cart Platform and / or Thara Cart Services in any way that is unlawful, illegal or harms the Company or any other person or entity,

You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing' and “griefing” as those terms are commonly understood and used on the Internet.

You will not Systematically retrieve data or other content from the Thara Cart Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

You will not Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

You will not circumvent, disable, or otherwise interfere with security-related features of the Thara Cart Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

You will not disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

You will not Use a buying agent or purchasing agent to make purchases on the Services.

You will not Sell or otherwise transfer your profile.

USER CONTENT AND CONTRIBUTIONS

Contributions may be viewable by other users of the Thara CartServices and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

By registering with our Platform, You agree to receive promotional and non-promotional messages, calls and mails from Company or on behalf of Company. In the event if you wish to unsubscribe to such promotional message and mails, you shall have the option to do so.

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Thara Cart Services, satisfy any legal requirement that such communication be in writing.

We may provide you areas on the Thara Cart Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:

you should have firsthand experience with the person/entity being reviewed;

your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;

your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

your reviews should not contain references to illegal activity;

you should not be affiliated with competitors if posting negative reviews;

you should not make any conclusions as to the legality of conduct;

you may not post any false or misleading statements; and

you may not organise a campaign encouraging others to post reviews, whether positive or negative.

INTELLECTUAL PROPERTY RIGHTS

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

USER REPRESENTATIONS

By using the Services, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;

you will maintain the accuracy of such information and promptly update such registration information as necessary;