Terms &condition – Silk Cart

Terms And Conditions

The Silk Cart Mobile application (“Silk Cart Application”) and the website https://mysilkcart.com/ (“Website”) (“the Silk Cart Application and Website together shall constitute the “Platform”) is owned and operated by VSamagra (“Silk Cart”), a partnership firm incorporated and registered under the laws of India and having its registered office at #129, Vsspc complex, 3rd floor, Govindappa road, Basavanagudi, Bangalore – 560004.

Through the Silk Cart Application, Silk Cart seeks to facilitate the listing, exhibition and offering for sale of Silkworm seeds, cocoons, worms, eggs, raw materials, chemicals/ products required for the production of silk and its by-products (“Products”) reared and sold by licensed farmers who are registered on the Platform in accordance with Clause 1.1 and selling the Product (“Sellers”), to the registered users of this Platform who shall be required to conform with the criteria stated in Clause 1.1 of these Terms and are buying the Product (“referred to herein as Users or Buyers”). Through the Website, Silk Cart seeks to provide information pertaining to the Silk Cart Application, provide a historical background of Silk Cart and the sericulture industry, and engage in conversations related to sericulture.

The Terms set out below apply to and govern the use of the Platform by Users.

The terms ‘Silk Cart’ or ‘us’ or ‘we’ refer to the owners of this Platform. The terms ‘you’ or ‘user’, and all its grammatical variations, refer to the User or viewer of the Platform, who buy or sell products on the Platform.

By browsing, viewing, using the Platform or purchasing the Products herein, you consent to and agree to comply with these Terms and Conditions of Use (“Terms”). Please note that the Terms are specifically applicable to the Users in respect of their use of this Platform and not to any other platform wherein the Silk Cart Application is situated and which is governed by separate terms, conditions and policies.

Silk Cart provides the platform for Sellers to list the Products for purchase on the Silk Cart Application subject to the notices, terms, and conditions set forth in these Terms. In addition, when you seek to purchase any of the Products, you will be subject to Silk Cart’s Privacy Policy for the Platform as available at https://mysilkcart.com/privacy/ (“Privacy Policy”), and any other rules, guidelines, policies, terms, and conditions applicable to such Products as notified to you, which will be deemed to be incorporated into these Terms by reference.

Silk Cart reserves the right to change or modify the Platform, the contents thereof, the Products listed on the Silk Cart Application and these Terms at any time without any prior intimation to you. All modifications will be posted on the Platform and will become effective immediately upon such posting to the Platform. Your continued use of the Platform after such change or modification shall be deemed to be your agreement to the revised/modified Terms. Please review these Terms regularly to remain informed of any change.

Silk Cart retains the right to deny access to the Platform and/or refuse the sale of Products through the Platform to anyone who it believes has violated any of these Terms or does not accept these Terms.

Silk Cart may, for improving the experience of the Users, publish concise and abbreviated informative posts about transacting on the Silk Cart Application, including without limitation by way of publishing frequently asked questions in respect of the Products on the Platform. It is clarified that in the event of a conflict between such informative posts and these Terms, these Terms shall prevail in respect of all matters which form the subject matter of these Terms.

The Terms were last modified on 08 July, 2024

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO AND ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

1. ELIGIBILITY

You will be eligible to enter into transactions on the Silk Cart Application only if you are:

above eighteen (18) years of age, are of a sound mind and are not disqualified from contracting by any law to which you are subject; and
a silk farmer who is an adopted seed rearer, registered seed producer, chawki rearing centre or silkworm rearer, as stated on the Platform; and
a silk farmer who possesses a valid license number issued by the Central Silk Board, India

By visiting the Platform and accepting these Terms, you represent and warrant to Silk Cart that you are competent to contract under the law you are subjected to. You also represent and warrant to Silk Cart that you will use the Platform in a manner consistent with any and all applicable laws and regulations.

2. REGISTRATION

In general, you can visit our Platform without purchasing the Products or revealing your identity or any personal information about yourself. However, you may not be able to access certain parts and sections of the Silk Cart Application or purchase the Products unless you login using your existing credentials or register with and create an account with the Silk Cart Application and login to such account through the login mechanisms extended by Silk Cart. Additionally, you will have to confirm that you have read and agreed to these Terms and the Privacy Policy.
The information sought at the time of registration may include your valid government issued ID such as your AADHAR card, driver’s license, voter ID or PAN details, a valid and current license number issued by the Central Silk Board, India, email address, residential address, bank details and mobile number. You may be required to provide certain additional information as may be specified at the time of registration or as specified in the Privacy Policy. The registration information you provide must be accurate, complete, and current at all times.
Silk Cart reserves the right to terminate any User account that you may set up on the Silk Cart Application, if it finds, in its sole and absolute determination, that you are in breach of the eligibility criteria set out above, or if you violate any of these Terms. Notwithstanding such termination, information obtained from the User may be retained for such period as mandated by applicable law and otherwise or for such longer period as consented to by you (which consent shall include without limitation, consent accorded by you through the acceptance of the Privacy Policy).
This Platform is controlled and operated by Silk Cart. Silk Cart authorises you, subject to these Terms, to view and access the content available on or from the Platform and to access and use content from the Platform for the purposes of sericulture. The contents of the Silk Cart Application, which may include but are not limited to, designs, mock-ups, text, data, graphics, images, video, information, logos, button icons, software, audio files and other content (collectively, the “Platform Content”), are protected under applicable copyright, trademark and other laws. All Platform Content is the property of Silk Cart or its licensors (which in the case of content related to the Products, may include the Sellers). The trademarks and other intellectual property used within the Products (whether existing or those which are added later) on the Silk Cart Application is the exclusive property of the respective Product Sellers and/or their licensors, and/or of Silk Cart and its licensors (as applicable), and is protected by Indian and international copyright, trademark, and other laws. Unauthorised use of the Platform Content may violate these laws and/or applicable communications regulations and statutes and is strictly prohibited.
Except where otherwise agreed in writing with Silk Cart or specified in these Terms, the Platform Content is solely for your personal, non-commercial use. You may not sell or modify the Platform Content nor reproduce, display, distribute, or otherwise use the Platform Content in any way for any public or commercial purpose, in connection with products or services that are not those of Silk Cart, in any other manner that is likely to cause confusion among consumers or that otherwise infringes Silk Cart’s/its licensors’ intellectual property rights. Without the prior written consent of Silk Cart, modification of the Platform Content or use of the Platform Content on any other website or networked computer environment or use of the Platform Content for any purpose other than sericulture use is a violation of the copyrights, trademarks and other proprietary rights of Silk Cart and its licensors and is prohibited. Any use of the Platform Content for which or pursuant to which you receive or intend to receive any remuneration, whether monetary or otherwise, is a commercial use for the purposes of this clause.
The Platform Content, despite efforts of Silk Cart, may contain inaccuracies or typographical errors. Silk Cart makes no representations about the accuracy, reliability, completeness or timelines of the Platform Content. The use of the Platform Content is at your own risk. Changes are periodically made to the Platform and may be made at any time. This Platform may contain content provided by third parties. The responsibility for such content is solely that of the respective authors/contributors/posters/Sellers and is not necessarily endorsed in any manner by Silk Cart. Silk Cart shall not be responsible for or liable in any manner whatsoever for the content provided by such authors/contributors/posters/Sellers in any section of this Platform. Further, the accuracy of the Platform Content has not been verified by Silk Cart and we provide no warranties of the same. If you seek to rely on any representation of information contained on this Platform, any such reliance shall be at your own risk.

3. ORDERS AND SPECIFICATIONS

Silk Cart facilitates the listing, exhibition and offering for sale of the Products by Sellers and provides registered Users of the Silk Cart Application, who will be silk farmers above the age of eighteen (18) years of age who possess a valid license number issued by the Central Silk Board of India, with an opportunity to purchase the Products through the Silk Cart Application. A User may select Products, which the User wishes to purchase on the Silk Cart Application by placing an order for the Product through the provided channel (“Order”). The acceptance of your Order is subject to your eligibility to transact on the Silk Cart Application as per the criteria stated above and logging in through your existing account on the Silk Cart Application, and if not, registering on the Silk Cart Application and logging in through the account created pursuant to such registration.
You acknowledge and agree that the listing and display of a Product by a Seller on the Silk Cart Application shall be considered and construed as an invitation to offer or invitation to treat, and the Seller shall not be considered to have made any binding offer in relation to the Product by merely listing the same on the Silk Cart Application. The price set out against a listed Product may be subject to revision, without prior notice, including but not limited to on account of taxes, delivery charges, processing charges, exchange rate fluctuations and other charges/amounts. You agree that by clicking on the Product, you shall be considered to have made an offer to purchase such Product to the Seller who has listed the Product through the Silk Cart Application. The Seller shall thereafter determine if the Seller can accept and fulfil the offer, based on availability and serviceability of the stated delivery address and other matters affecting the Seller’s ability to deliver the Product to you and shall provide you with a final offer of sale for the selected Product, which will be displayed on the Silk Cart Application. Upon unconditional acceptance of the Seller’s final offer by you, your Order shall be considered confirmed and will constitute a binding commitment on your part to purchase the Product (“Order Confirmation”). Any future action with respect to the Product, including Product price, Product quality and other commercial terms with respect to the Products, such as delivery, warranties related to the Products, and dispatch of Products shall be mutually agreed between the Seller and the User, with no involvement of Silk Cart. You shall be responsible for undertaking the necessary due diligence measures with regard to the Product after the Order Confirmation, and Silk Cart shall retain no involvement or responsibility with respect to the same.
Please be aware that all Products offered for sale on the Silk Cart Application, are subject to availability. While Silk Cart endeavours to ensure that Sellers listing Products on the Silk Cart Application display and describe the Products as accurately as possible, we cannot undertake to give any assurance that the actual Product will match those displayed on your monitor or mobile telephone.
In case of any defect in the Product sold to you by the Seller on the Platform, you may approach the Seller to request a refund, return, replacement or cancellation of the Product. It is clarified that such request for a refund, return, replacement or cancellation of the Product may be made by you subject to you notifying the Seller of the defect in the Product at the time of delivery and/or within a maximum of three (3) days from the date of delivery of the Product to you.

4. PRICING INFORMATION

While Silk Cart strives to provide accurate information with regard to the prices of Products on the Silk Cart Application, however pricing errors or typographical errors may occur. The final price of any Product selected on the Silk Cart Application will be confirmed in the Seller’s final offer to you and will be displayed on the Order confirmation page. All prices shall be listed in Indian Rupees (or its equivalent in the local currency, if offered by Silk Cart) and are subject to change at Silk Cart’s discretion.

5. PAYMENT

All payments made by the Users for Products offered for sale on the Silk Cart Application by Sellers shall be through the Silk Cart Application itself, via a banking mode of payment or UPI (Payment Gateway Provider). Silk Cart, in no way takes responsibility for or accepts liability of whatsoever nature in respect of any loss or damage that you may suffer, whether directly or indirectly, arising out of your interactions with the payment gateway/service providers or your inability to process/make a payment. Your usage of the Payment Gateway Provider shall be in accordance with the terms and conditions adopted by them, and Silk Cart shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by you through such Payment Gateway Provider or any actions taken by Silk Cart in respect of the same.
Cash on Delivery option will not be available for any Users.
Product price and other contractual and commercial terms with respect to the Products, such as delivery, warranties related to the Products, and dispatch of Products are subject to the principal-to-principal agreement between Sellers and Buyers, with no role of Silk Cart. In this regard, it is clarified that the third-party payment gateway made available on the App, is merely made available for use by the Seller and the User to facilitate the completion of the transaction on the App. Use of the Silk Cart Application /features of the Silk Cart Application such as third-party payment gateway made available on the Silk Cart Application, shall not render Silk Cart liable or responsible for any claims in respect of the Products, including without limitation, the non-delivery, non-receipt, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Silk Cart Application.

6. REVIEWS

Users of the Silk Cart Application who have been verified to purchase Products on the Silk Cart Application may be given the option to post reviews of such Products purchased on the Silk Cart Application, on the Platform, as long as the reviews are not, obscene, abusive, threatening, defamatory, or otherwise injurious to third parties, or objectionable and do not consist of political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or are not otherwise in contravention of these Terms. The Platform reserves the right (but not the obligation) to remove, refuse, delete or edit any review posted by a User on the Platform which in the sole judgement of Silk Cart violates these Terms and, take other action including terminating the User’s access to the Platform.

7. USER REPRESENTATIONS

You hereby represent and warrant to Silk Cart that as a User, you will not provide personal information that is not your own. The User account of any User found to be creating an account or providing information in proxy or in violation of the privacy rights of any other individual will be liable to be immediately terminated, and Silk Cart reserves the right to take further action against such User as it deems fit.
You further represent and warrant that, to the extent you decide to share personal or other information, you will not post or submit incomplete, false or inaccurate personal or other information.
You further represent and warrant to Silk Cart that any information or documentation made available by you to Silk Cart or on the Platform shall not constitute confidential information of a third party or entity, that you are not bound by any confidentiality or non-disclosure obligations in relation to such information or documentation, and are permitted to share the same with third parties.

8. ACCEPTABLE AND LAWFUL USE

You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Any information provided by you on the Platform shall not be misleading in any way.
You may not host, post, modify, display, upload, publish, share, update, or transmit any information or otherwise engage in interactions on the Platform, which is:

violative of applicable law, harmful to a child, or is patently offensive to the general community, such as sexually explicit content, racially or ethnically objectionable content, libellous content, or content that promotes obscenity, pornography, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person, or solicits, or stalks another member on the Platform;
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 or publicity (including bodily privacy), such as unauthorized disclosure of a person’s name, email address, physical address or phone number, or rights of publicity);
promotes an illegal or unauthorized copy of another person’s copyrighted work;
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal drugs, money laundering, gambling, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person aged 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have obtained consent from the minor or his or her legal guardian);
tries to gain unauthorised access or exceeds the scope of authorised access to the Silk Cart Application or solicits passwords or personal identification information for commercial or unlawful purposes from other Users;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
impersonate another person;
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 other nations.
constitutes engagement in commercial activities and sales without Silk Cart’s prior written consent. Throughout these Terms, the term Silk Cart’s “prior written consent” means a communication coming from Silk Cart’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorisation;
contains viruses, time bombs, trojan horses, cancelbots, spiders, worms or other harmful or deleterious components, devices or programmes, including those designed to interrupt, destroy or limit the functionality of the Silk Cart Application and/or any offerings provided herein;
interferes with another user’s use and enjoyment of the Platform;
refers to any website or URL that, in the sole discretion of Silk Cart contains material that is inappropriate for the Silk Cart Application, contains content that would be prohibited, or violates the letter or spirit of these Terms; or
contains content whose dissemination to the public is restricted by law or relevant professional guidelines.

Silk Cart specifically prohibits any unauthorised commercial use or other use of the Platform and the Products, and you agree not to do any of the following:

Post content that contains links to any website competitive to Silk Cart;
Post or submit to the Platform any incomplete, false or inaccurate biographical information or information which is not your own;
Delete or revise any material posted by any other person or entity;
Take any action that imposes an unreasonable or disproportionately large load on the Platform’s or Silk Cart’s infrastructure;
Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform and search agents available from Silk Cart on such Platform and other than generally available third-party web browsers (e.g., Google Chrome, Microsoft Internet Explorer, Firefox, Safari); or
Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Platform.

You must use the Platform in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Platform, including without limitation, collecting contact details and/or email addresses of other Users by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Platform, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Platform, as well as attempting to gain unauthorized access to the Platform. In addition, all Users agree to comply with the provisions of any and all such laws, regulations or rules that may be enacted from time to time in India or such other jurisdictions as Silk Cart may choose to operate in.
You shall not engage in any illegal conduct in respect of your interaction with other Users of the Platform, including any Users you may come in contact with through the Platform, whether such interaction is online or offline.
Your interaction with other Users of the Platform that you may come in contact with is at your sole and absolute discretion. Further, any offline interaction in response to any correspondence or dealings with other Users, or any information available on the Platform, is at your own risk. Silk Cart shall in no manner be held responsible for the outcomes and consequences of any such interaction. Silk Cart is not responsible for the conduct, whether online or offline, of any User of the Platform, including without limitation any illegal acts.
Without the prior written consent of Silk Cart, you may not engage in advertising to, or solicitation of, other Users through the Platform to buy or sell any products or services apart from the Products. In general, in order to protect Users from such advertising or solicitation, Silk Cart reserves the right, to be exercised at its sole and absolute discretion, to delete any such User content uploaded, posted or transmitted in any way on the Platform.
You understand that Silk Cart has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform and purchasing the Products) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Silk Cart can (and you hereby expressly authorize it to) disclose any information about you, upon request, to law enforcement agencies or other government officials, as necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Silk Cart reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Platform including but not limited to any public forums and reviews. Silk Cart shall have the right to remove or edit any User content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. In no event shall Silk Cart assume or have any responsibility or liability for any User content posted or for any claims, damages or losses resulting from use of the Platform Content, or the User content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all data you provide and all information it contains and that such data and information shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
It is possible that other persons (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to their use of the Platform, and that the recipient may use such information to harass or injure you. Silk Cart does not approve of such unauthorized uses, but by using the Platform, and/or purchasing the Products, you acknowledge and agree that Silk Cart is not responsible for the use of any personal information that you disclose on the Platform. You are advised to carefully select the type of information that you wish to disclose on the Platform.
You acknowledge, agree and understand that in the event that you wish to deactivate, suspend or delete your account from the Platform, the information posted or submitted on the Platform, may be stored in Silk Cart’s system for auditing and legal compliance purposes, for the purpose of any research, or otherwise as stated in the Privacy Policy.
In the event of breach or non-compliance by you of any of the aforesaid terms, Silk Cart may, in its sole and absolute discretion, restrict, cancel or terminate your ability to access the Platform and/or your subsisting Orders for Products, and determine whether to take any other actions, including deactivating your use of the Platform permanently.

9. WARRANTY AND LIABILITY DISCLAIMER

Silk Cart and the Sellers are constantly endeavouring to improve the quality of the Products offered for sale through the Silk Cart Application. Due to this, the form and nature of the Products provided may change from time to time without any prior notice to you. Silk Cart reserves the right to introduce and initiate new features, functionalities and components to the Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Silk Cart is entitled to discontinue (either permanently or temporarily) one or more of the Products listed or terminate the Platform without any prior notice to you. Silk Cart may also prescribe certain limits on the use of the Platform and/or purchase of Products on the Silk Cart Application, at its sole discretion without any prior notice to you, while at all times complying with Silk Cart’s Privacy Policy.
While Silk Cart undertakes reasonable efforts to ensure the descriptions, images, and other content pertaining to the Products listed on the Silk Cart Application are accurate and correspond directly with the appearance, nature, quality, purpose and other general features of such listed Products, you acknowledge that Silk Cart is merely an intermediary and the responsibility for the foregoing lies solely with the Sellers on the Platform.
The Platform, all the materials and services, included on or otherwise made available to you through this Platform is provided by Silk Cart on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Silk Cart does not warrant that:

The Platform will be constantly available, or available at all; or
The information on this Platform is complete, true, accurate or not misleading.

Silk Cart, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement of the Platform, Platform Content and/or Products. Silk Cart expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Products listed, exhibited or displayed or transacted on the Platform. Silk Cart makes no warranties about the accuracy, reliability, completeness, or timeliness of the Platform Content, services, software, text, graphics and links.
As a User, you acknowledge that you are accessing the Platform and transacting on the Silk Cart Application at your own risk and are using your best and prudent judgment before entering into any transactions through the Silk Cart Application. Silk Cart shall neither be liable nor responsible for any actions or inactions of Sellers nor any breach of conditions, representations or warranties by the Sellers and hereby expressly disclaims any and all responsibility and liability in that regard. Silk Cart shall not mediate or resolve any dispute or disagreement between you and the Sellers of the Products, unless it chooses to do so at sole discretion. Your relationship with Silk Cart is on a principal-to-principal basis and by accepting these Terms you agree that Silk Cart is an independent contractor for all purposes and does not have control of or liability for the Products listed on the Silk Cart Application.
Silk Cart does not warrant that the Platform, the Platform Content, materials or information included on or otherwise made available to you through this Platform; their servers; or electronic communication sent from and/or by Silk Cart are free of viruses or other harmful components.
As a User, you acknowledge that the Platform is merely a forum to facilitate the buying and selling of Products as specified. It is agreed that the Seller and the Buyers shall mutually agree to any further course of action with respect to the Products.
As a User, you acknowledge that the Platform Content, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Silk Cart with respect to the Products. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific sale or purchase decisions. Appropriate independent advice should be obtained before making any such decision.

10. ACCURACY OF INFORMATION

The general information on this Platform has been compiled by Silk Cart or contributed by other users of the Platform, from various sources including from external sources. No representation is made, or warranty given as to the completeness or accuracy of such information. The Platform and Platform Content, despite the best efforts of Silk Cart, may contain inaccuracies or typographical errors. Silk Cart makes no representations about the accuracy, reliability, completeness, or timelines of the Platform and the Platform Content. The use of the Platform and Platform Content is at your own risk. Silk Cart reserves the right to make changes to the Platform Content and information on the Platform, or to the services described therein, or to update such information at any time without notice, but Silk Cart makes no commitment to correct or update this information.
You acknowledge that this Platform and certain advertisements hosted on the Platform as well as the Platform Content may contain links provided by third parties or links to third party websites. Any website, information or services accessed by or as a result of following such third-party links is at your sole risk and is subject to the policies and regulations adopted by the third party. The content viewed through any third-party links is not endorsed in any manner by Silk Cart. Silk Cart shall not be responsible for or liable in any manner whatsoever for the content provided by such third-party links. Further, the accuracy of the content provided through third party links has not been verified by Silk Cart and Silk Cart provides no warranties with respect to such content. Any information collected on websites visited through such third-party links is subject to the privacy policies of such third-party websites and Silk Cart shall not be responsible for any use of such information by third parties.

You agree to provide accurate information concerning your name, contact details and address and to keep the same updated in a timely manner. Neither Silk Cart nor the Sellers and their representatives shall be liable or responsible for any failure to complete the delivery of an Order on account any deficiencies or errors in information provided by you, including but not limited to: any inability to deliver an ordered Product to you due to the provision of an incorrect address, inability to contact you due the provision of incorrect contact information or inability to verify the recipient’s identity due to the provision of an incorrect name.

You agree to provide accurate information concerning the information that Silk Cart requires from you to be considered eligible to enter into transactions on the Silk Cart Application, as stated in Clause 1 of these Terms.

11. INDEMNIFICATION AND LIMITATION OF LIABILITY

(a) You represent, warrant and covenant that no content posted or transmitted by you on the Platform will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) You hereby agree to indemnify, defend and hold harmless Silk Cart and all of Silk Cart’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants, or the conduct of other users of the Platform, whether online or offline. Silk Cart reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. You shall cooperate as fully as reasonably required in the defence of any such claim.
In no event shall Silk Cart be liable for any special, incidental, indirect or consequential damages of any kind in connection with your usage of the Platform.

12. TERMINATION

Silk Cart retains the right to deny access to the Platform and/or refuse the sale of Products through the Silk Cart Application to anyone who it believes has violated or is reasonably likely to violate any of these Terms or does not accept these Terms. In the event that you choose to terminate and delete your user account with the Platform or if your account on the Platform has been terminated for any other reason, you acknowledge and understand that Silk Cart reserves the right to, at its sole discretion, either continue to display, or delete, content that you may have posted or uploaded to the Platform, and Silk Cart has no obligation to maintain, store, delete or transfer to you, any such User content that you may have posted or uploaded to the Platform.

13. INFRINGEMENT NOTIFICATION

If you believe in good faith that any Product or Platform Content or material posted or otherwise made accessible on this Platform , violate these Terms, or is prohibited or restricted by applicable laws, rules and regulations, please compile the following information and email it to Silk Cart at vsamagra2022@gmail.com and which email shall contain the following information:

A clear identification of the allegedly prohibited/unlawful material on the Platform;
Your contact details: name, address, e-mail address and phone number;
In case of an alleged violation of proprietary rights (including copyright, trade-mark, personality or privacy rights): a statement that you believe, in good faith, that the use of the proprietary material allegedly infringed on the Platform is not authorised by you or your agent or the law;
A statement that you believe, in good faith, that such material is prohibited/unlawful/abusive; and
A statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorised to act on your behalf.

The email notification provided by you hereunder shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms by the Platform Content.

In such an event, Silk Cart may contact you for any further information and reserves the right to determine, at its sole discretion, whether such Products or Platform Content violate these terms and conditions or is otherwise abusive/prohibited/unlawful and may take such action it deems appropriate. If you resort to any mala fide use of the notification process set out above, Silk Cart reserves the right to restrict your access to the Platform.

In the event that you wish Silk Cart to disable access to any Platform Content or to remove/take-down any such Platform Content from the Platform, in addition to the email notification set out above, you shall where required by the Platform, provide and attach a court order from a competent court or other lawful order directing the removal or disabling of access to such Platform Content to the email notification provided hereunder and provide Silk Cart with the original execution copy of such order.

14. ABUSE NOTIFICATION

If you believe in good faith that any Platform Content posted or otherwise made accessible on the Platform, or any conduct of any User with respect to the Platform violates these Terms, or is prohibited or restricted by applicable laws, rules and regulations, or is abusive or threatens and harms other users of the App, you may notify us at vsamagra2022@gmail.com In such an event, Silk Cart may contact you for any further information and reserves the right to determine, at its sole discretion, whether such Platform Content, or User conduct violates these Terms or is otherwise abusive, and may take such action it deems appropriate. If you resort to any mala fide use of such notification, Silk Cart reserves the right to restrict or deactivate your access to the Platform.

15. COMMUNICATION

When you visit the Platform, you are communicating with us electronically. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other lawful mode of communication, in respect of any Orders placed by you on the Silk Cart Application, in respect of queries posed by you, or any customer support requested by you, or for other purposes set out in these Terms and the Privacy Policy. You hereby unconditionally consent that such communication by Silk Cart is:

upon your request and authorization;
‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and
in compliance with the relevant guidelines of TRAI or such other authority in India and

You shall indemnify Silk Cart against all types of losses and damages incurred by Silk Cart due to any action taken by TRAI, Access Providers (as defined under the TRAI regulations) or any other applicable authority due to any erroneous complaint raised by you against Silk Cart with respect to the communications mentioned above or due to an incorrect email id being provided by you for any reason whatsoever.

16. GRIEVANCE REDRESSAL AND CUSTOMER SUPPORT

The name, title and contact details of the Grievance Redressal Officer of Silk Cart shall be published and shall be available on the https://mysilkcart.com/contact-us33/. Silk Cart reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.

17. APPLICABLE LAW

The Platform, including the Platform Content and information contained herein, shall be governed by the laws of the Republic of India and the courts of Bangalore, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.