Terms & Conditions
This document constitutes an electronic record within the purview of the Information Technology Act, 2000 (hereinafter referred to as “the IT Act”) and the rules promulgated thereunder. Furthermore, this document is subject to the amended provisions governing electronic records in various statutes, as amended by the IT Act.
This document is promulgated pursuant to Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the publication of rules, regulations, privacy policies, and terms of use governing access to and utilization of the website www.Mytrikart.com.
The domain name www.Mytrikart.com (hereinafter referred to as “Website”) is owned by Mytrikart International Pvt Ltd a company incorporated under the Companies Act, 2013 with its registered office at 69/1854-A1, SRM Road, Kaloor, Kochi: 682018 (hereinafter referred to as “Mytrikart”).
Your access to and use of this Website and its associated services and tools are expressly conditioned upon your acceptance of these Terms of Use, (“Terms of Use”) which incorporate by reference all applicable policies published on the Website. Any transaction conducted on the Website shall be further subject to the Website’s specific transaction policies. By accessing or using the Website, you enter into a binding agreement with Mytrikart International Private Limited, acknowledging that these Terms of Use, inclusive of all incorporated policies, constitute your legally enforceable obligations.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Mytrikart allows the User to surf the Website or making purchases without registering on the Website. The term “We“, “Us“, “Our” shall mean Mytrikart International Private Limited.
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Your access, browsing, or other use of the Site constitutes your acceptance of these Terms of Use in their entirety. Please read them carefully before proceeding. By using the Site, you expressly or implicitly agree to be bound by these Terms of Use and all Mytrikart Policies (including, but not limited to, the Privacy Policy), as may be amended from time to time.
Services Offered:
Mytrikart provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc.
Mytrikart does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard
Eligibility and User Responsibilities
The Website is available only to individuals who can enter legally binding contracts as per the Indian Contract Act, 1872. Persons deemed “incompetent to contract,” such as minors and undischarged insolvents, are not eligible to use the Website. If you are under 18, you may not register or transact on Mytrikart directly; a legal guardian or parent must conduct transactions on your behalf. Mytrikart reserves the right to terminate your membership or restrict access if it becomes aware you are underage.
Account and Registration Obligations
By using the Website, you agree to keep your Display Name and Password secure and accept responsibility for all activities under your account. If any information provided by you is found to be false, outdated, or incomplete, Mytrikart may suspend or terminate your access.
Communications
When You use the Website or send emails or other data, information or communication to us, you agree and understand that You are communicating with Us through electronic records, and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website serves as a platform for Users to connect and conduct transactions independently. Mytrikart does not control or participate in any transactions between Users.
Henceforward:
- Commercial Terms: All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Mytrikart does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
- No Warranty: Mytrikart makes no representation or warranty regarding the quality, value, or suitability of products or services sold on the Website and does not endorse or assume responsibility for any such transactions.
- Liability: Mytrikart acts solely as a platform facilitating transactions between Buyers and Sellers and bears no responsibility for the performance or non-performance of any contractual obligations arising from transactions conducted on the Website. Mytrikart makes no guarantees regarding the successful completion of transactions between Buyers and Sellers and disclaims any obligation to mediate or resolve disputes that may arise between them.
- User Verification: Mytrikart disclaims all representations and warranties, express or implied, regarding the attributes and qualifications of any Users on the Website, including but not limited to their legal title, creditworthiness, and identity. Users are solely responsible for conducting independent due diligence and verifying the bona fides of any other User they choose to interact with on the platform. Mytrikart shall not be liable for any loss or damage arising from a User’s reliance on information provided by or interactions with other Users on the Website.
- No Ownership or Title: Mytrikart does not gain ownership, title, or rights over any products or services offered on the Website nor have any claims over the products or services offered by Seller to Buyer.
- No Obligation: Mytrikart holds no responsibility for product availability, performance, or delays and is not liable for damages resulting from these issues. Mytrikart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- Independent Contracts: Mytrikart solely provides a communication platform. Any sale contracts are strictly between Buyers and Sellers, with Mytrikart holding no ownership, rights, or obligations over the products or services involved.
- Terms of Delivery and Payment: Buyers and Sellers must independently agree on delivery, payment, and other conditions.
Disclaimer: Pricing on any product(s) as is reflected on the Website may be due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
- Indemnity: You agree to release and indemnify Mytrikart and its officers from any damages, liabilities, or claims resulting from other Users’ actions. Mytrikart does not guarantee the accuracy or reliability of User-provided information, which may be harmful, offensive, or deceptive. Exercise caution when interacting on the Website, as there are risks in dealing with minors or individuals misrepresenting their identity.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Membership Fee
Membership for buyers on this Website is free, and no fees are charged for browsing or purchasing items. However, Mytrikart reserves the right to update its Fee Policy periodically. At its discretion, Mytrikart may introduce new services or adjust the terms of existing services on the Website, which may include introducing or modifying associated fees. Any changes to the Fee Policy will be posted on the Website and will take effect immediately upon posting. Unless specified otherwise, all fees will be listed in Indian Rupees. Buyers are solely responsible for complying with applicable laws, including those in India, when making payments to Mytrikart International Private Limited.
User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
- You agree not to host, display, upload, modify, publish, transmit, update, or share any information that:
(a) violates any applicable law or regulation;
(b) infringes upon the intellectual property rights, privacy, or publicity rights of any third party;
(c) is false, inaccurate, misleading, or defamatory;
(d) is harmful, harassing, abusive, threatening, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially or ethnically objectionable;
(e) promotes illegal activities or encourages money laundering or gambling;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) contains restricted or password-only access pages, or hidden pages or images;
(h) provides instructional information about illegal activities;
(i) contains video, photographs, or images of another person without their consent;
(j) attempts to gain unauthorized access to the Platform or solicit personal information from other users;
(k) interferes with another user’s use and enjoyment of the Platform;
(l) threatens the unity, integrity, defense, security, or sovereignty of India, or causes incitement to the commission of any cognizable offense; or
(m) may create liability for Us or cause Us to lose the services of Our internet service providers or other suppliers.
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
- Users doesn’t reply to the payment verification mail sent by Mytrikart
- Users fails to produce adequate documents during the payment details verification
- Misuse of another Users’s phone/email
- Users uses invalid address, email and phone no.
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used.
- Users returns the wrong product
- Users refuses to pay for an order
- Users involved in the snatch and run of any order
- Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Mytrikart
- User with excessive returns
- Repeated request for monetary compensation for fake/used order
- Mytrikart may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Mytrikart:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category.
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
- Any order paced using a technological glitch/loophole
- Mytrikart does not facilitate business to business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.
- You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Mytrikart.
- You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Mytrikart by sharing multiple address and phone numbers or transacting with malafide intentions.
- We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Mytrikart on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
- Access to the Platform and its Content is strictly limited to the intended functionality provided. Any use of automated means (including, but not limited to, deep-linking, page-scraping, robots, spiders, or similar programs or algorithms) or manual processes that replicate such automation, to access, acquire, copy, monitor, reproduce, circumvent, or obtain any portion of the Platform, its Content, or its navigational structure, is expressly prohibited. Violation of this provision may result in the barring of access to the Platform.
- Users are prohibited from attempting unauthorized access to any component, functionality, or associated systems or networks of the Platform, including servers, computers, and networks, or any services offered on or through the Platform. This prohibition encompasses any method of unauthorized access, including but not limited to hacking, password mining, or any other illicit means.
- You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, 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.
- You shall provide accurate information regarding your products or services, refraining from any exaggeration or overemphasis that could mislead other Users. You are solely responsible for the accuracy and completeness of such information.
- Users are prohibited from engaging in any form of advertising or solicitation directed towards other users of the Platform for the purpose of buying or selling any products or services. This prohibition extends to, but is not limited to, products or services related to those displayed on the Platform or associated with the Platform provider.
- The Content posted does not necessarily reflect Mytrikart views. In no event shall Mytrikart assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
- Mytrikart hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Mytrikart Return & Exchange Policy offers you the option to return or exchange items purchased on Mytrikart within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return or exchange of the purchased item, please refer to the “Cancellation and Return Policy” available on ___________________
- Please note that you can only use Mytrikart Credits to buy products from your registered account on the Mytrikart app or website. Mytrikart Credits cannot be:
- Used for payment of orders placed on other Mytrikart accounts.
- Transferred to any other Mytrikart user’s account, bank account, or wallets, etc.
- Mytrikart may unilaterally terminate Your account on any event as mentioned in the Terms of Use under the Clause User Conduct and Rules on the Platform. Any Mytrikart credits earned as goodwill compensation, earned via loyalty or referral program or promotional campaigns or earned through gift cards purchased on other platforms will be forfeited in such cases
Content Posted on the Platform
The Platform displays various types of content, including text, graphics, user interfaces, visual elements, photos, trademarks, logos, sounds, music, and artwork (collectively, “Content”), which is generated by third-party users. Mytrikart, as an intermediary, does not have control over such third-party content. By submitting Content, you grant us a worldwide, perpetual, and transferable license to use it. In line with our Privacy Policy and applicable laws, we may use this Content indefinitely for various purposes, including promotions and advertisements across any existing or future media, and for creating derivative works based on your Content.
You may download information about products and services offered on the Platform under the following conditions:
- Keep all proprietary notices intact on copies of these documents.
- Use the information solely for personal, non-commercial purposes and do not distribute it across networks or media.
- Avoid modifying the information.
- Do not provide any additional representations or warranties regarding these documents.
- In the event of return/cancellation of any products in the order placed with an offer, thereby falling below the minimum required threshold as required by the offer, the user shall be deemed ineligible for the offer. Any cashback already credited would be void & be deducted from the value of the item being returned/cancelled & the remaining balance would be processed as a refund. Mytrikart reserves the right to modify the terms and conditions at any time, without prior notice.
Privacy
Protecting your privacy is a fundamental principle for us. We understand that your personal information is among our most valuable assets. We store and handle your information, including any sensitive financial data as defined under the Information Technology Act, 2000, on secure systems that are safeguarded with both physical and reasonable technological protections in accordance with the Information Technology Act and its Rules. For details, please see our Privacy Policy at______________. If you object to the transfer or usage of your information in this manner, please refrain from using the Website.
We, along with our affiliates, may share, sell, transfer, license, or convey your personal information to another business entity in case of a merger, acquisition, restructuring, or any similar business transaction. In such an event, the other business entity or new combined entity will be bound to follow the same privacy standards with respect to your personal information. By providing us with your information, you consent to its use by us and our affiliates for delivering services related to your transactions, whether conducted on www. Mytrikart.com or through third-party merchants or their websites.
Disclaimer Of Warranties, Inaccuracies or Errors
- We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of the Platforms is correct at the time of inclusion on the concerned Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
- You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Platforms shall constitute an invitation to invest in us or any affiliates. Any use of the Platforms or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to the Platforms. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
- As a means to assist the users in identifying the Products of their choice, we provide visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.
- Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
- We do not covenant or provide any representations and warranties:
- in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on the Platforms;
- that the Services will be made available at all times; and
- that the operation of the Platforms, including the functions contained in any content, information and materials on any Platform or any third-party sites or services linked to the Platforms will be uninterrupted, or that the defects will be rectified, or that the Platforms or the servers that make such content, information and materials available are free of viruses or other harmful components.
- The platforms and the services are provided to you on an “as is” and “where-is” basis, without any representations or warranties. We, for ourselves and any third-party providing materials, services, or content to this website, make no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or noninfringement of third-party rights, with respect to the platforms, the information or any products or services to which the information refers. We will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if we have previously been advised of the possibility of such damages.
Disclaimer –To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platforms.
Payment
- In no event shall we be liable for any loss or damage arising directly or indirectly from your use of any payment method on the Platform, including but not limited to:
(a) lack of authorization for any transaction;
(b) exceeding any preset limit mutually agreed upon by you and your bank(s);
(c) any payment issues arising out of the transaction; or
(d) decline of the transaction for any reason whatsoever.
All transactions for purchases or services on the Platform must be made in Indian Rupees legally recognized in the Republic of India. The Platform exclusively facilitates transactions in Indian Rupees and will not process any payments in other currencies for purchases made on the Platform.
To ensure a secure online shopping environment, the Seller reserves the right to request supporting documentation, such as government-issued identification and proof of address, prior to shipment or delivery of any order. This verification process is conducted to establish the legitimate ownership of the payment instrument used for the purchase and is undertaken solely for the protection of all Users.
All transactions, including pricing and commercial terms like delivery and dispatch of products/services, occur solely between the Buyer and Seller under a direct, bipartite contractual agreement. Mytrikart’s payment facility merely facilitates the completion of such transactions and does not imply any liability or responsibility on Mytrikart’s part for any issues arising from these transactions, including but not limited to non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services, or fraud related to the products/services listed on Mytrikart’s platform.
By utilizing the Payment Facility, you expressly authorize Mytrikart and its designated service providers to collect, process, facilitate, and remit payments and/or the Transaction Price electronically or via Cash on Delivery in connection with transactions conducted on the Platform. Your relationship with Mytrikart is strictly principal-to-principal, and you acknowledge that Mytrikart operates as an independent contractor. Mytrikart assumes no responsibility for, nor does it guarantee, the identity of any User, the completion of any transaction, or the quality, safety, or legality of any products or services offered on the Platform. Mytrikart disclaims all liability for any losses or damages incurred in connection with your use of the Payment Facility.
You acknowledge and agree that Mytrikart’s payment facility is solely a technological intermediary facilitating electronic, automated online payments, cash on delivery, and remittance services for transactions on the Mytrikart Platform. This facility utilizes authorized banking infrastructure and credit card payment gateways. Mytrikart’s role is strictly limited to that of a facilitator and does not encompass any banking or financial services, nor does it establish a trustee or fiduciary relationship with respect to any transaction or transaction price.
Payment Terms for Buyers:
- As a Buyer, you acknowledge that by initiating a transaction, you are entering into a legally binding agreement with the Seller to purchase products and/or services using the Payment Facility. You agree to pay the Transaction Price through your Issuing Bank via the Payment Facility.
- You may, through electronic communication and features provided by the Payment Facility, agree with the Seller to extend or modify the Dispatch and/or Delivery time. Such modifications to the transaction must comply with Payment Facility Rules and Policies.
- You are required to notify the Payment Facility on the Mytrikart Website regarding the Delivery or non-Delivery of goods within the specified period outlined in the Policies. Failure to notify within this period will be treated as deemed Delivery for that transaction. For Cash on Delivery (COD) transactions, you are not obligated to confirm receipt of products or services.
- You have the right to claim a refund of the Transaction Price if Delivery does not occur within the agreed time or the time specified in the Policies, whichever is sooner. If you do not raise a refund request through the Website within the stipulated timeframe, you may become ineligible for a refund.
- The Payment Facility may be restricted or unavailable for certain categories of products, services, or transactions as specified in the Policies. In such cases, refunds may not apply.
- For non-COD transactions, any applicable refunds will be processed to the Issuing Bank from which the Transaction Price was originally received.
- For COD transactions, refunds (if any) will be issued via demand draft in the Buyer’s name, per the registration details provided.
- Refunds will be issued in Indian Rupees and will match the Transaction Price received in Indian Rupees.
- For electronic payments, refunds will be processed through NEFT, RTGS, or other RBI-approved online banking/electronic transfer methods.
- Refunds are conditional and subject to Mytrikart’s right of recourse in case of misuse by the Buyer.
- All refunds are contingent upon the Buyer’s adherence to Policies.
- Mytrikart reserves the right to set limits on the number or total value of transactions that can be processed from any individual Valid Credit/Debit Card, Cash Card, Valid Bank Account, or other financial instruments, directly or through authorized payment facilities. Transactions exceeding such limits may be declined at Mytrikart’s discretion.
- Mytrikart may refuse to process transactions for Buyers with a record of questionable charges, including but not limited to violations of agreements with Mytrikart, breaches of legal or policy obligations, or any imposed charges from the Issuing Bank.
- For security and other purposes, Mytrikart reserves the right to conduct checks before confirming the receipt of, or the Buyer’s commitment to pay (in Cash on Delivery transactions), the Transaction Price. If any doubt arises regarding the Buyer’s credibility or the authenticity of the Transaction/Transaction Price, Mytrikart has the right to reject the transaction.
- Mytrikart may delay notifying payment confirmation to the Seller if the transaction appears suspicious or if the Buyer engages in a high volume of transactions, to ensure the safety of the Transaction and Transaction Price. In certain cases, Mytrikart may hold the Transaction Price and may refrain from notifying the Seller to Dispatch, or even remit the Transaction Price to law enforcement authorities (rather than refunding it to the Buyer) if law enforcement requests it or if illegal activity is suspected.
- Both Buyer and Seller acknowledge that Mytrikart is not responsible for any damages, interest, or claims resulting from the refusal or delay in processing a Transaction/Transaction Price that is beyond Mytrikart’s control.
Compliance with Laws:
Buyer and Seller shall each comply with all applicable laws and regulations in connection with their use of the Payment Facility and Mytrikart Website, including but not limited to: the Foreign Exchange Management Act, 1999, and all rules, notifications, and the Exchange Control Manual issued thereunder by the Reserve Bank of India; the Customs Act; the Information and Technology Act, 2000, as amended by the Information Technology (Amendment) Act, 2008; the Prevention of Money Laundering Act, 2002, and all rules made thereunder; the Foreign Contribution Regulation Act, 1976, and all rules made thereunder; the Income Tax Act, 1961, and all rules made thereunder; and the Export Import Policy of the Government of India.
Buyer’s arrangement with Issuing Bank:
All permissible payment methods, including credit/debit cards, cash cards, and online bank transfers from valid accounts, are processed securely through designated payment gateways or suitable payment infrastructure. These transactions are governed by the terms and conditions established between the Buyer and their respective Issuing Bank or payment instrument provider, ensuring adherence to applicable financial regulations and agreements.
E-Platform for Communication:
You agree, understand and acknowledge that Mytrikart is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Mytrikart is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Mytrikart.
Indemnity:
You shall indemnify and hold harmless Mytrikart, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Trademark, Copyright and Restriction:
Platform is controlled and operated by Mytrikart and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Mytrikart is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Mytrikart or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
Limitation of Liability:
In no event shall Mytrikart be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services or Products
- unauthorized access to or alteration of the user’s transmissions or data
- breach of condition, representations or warranties by the manufacturer of the Products
- any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Mytrikart shall not be held responsible for non-availability of the Mytrikart during periodic maintenance operations or any unplanned suspension of access to the Mytrikart. The User understands and agrees that any material and/or data downloaded at Mytrikart is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Mytrikart’s liability shall be limited to an amount equal to the Products purchased value bought by You. Mytrikart shall not be liable for any dispute or disagreement between Users
Termination:
Mytrikart may suspend or terminate your use of the Mytrikart or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Mytrikart chooses to terminate them.
- If You or Mytrikart terminates your use of the Platform or any Service, Mytrikart may delete any content or other materials relating to your use of the Service and Mytrikart will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Mytrikart for purposes of tax or regulatory compliance.
- Mytrikart may unilaterally terminate Your account on any event as mentioned in the User Conduct and Rules on the Platform. Any Mytrikart credits earned as goodwill compensation, earned via loyalty or referral program or promotional campaigns or earned through gift cards purchased on other platforms will be forfeited in such cases. Returns/Refund for such Users shall be at the sole discretion of Mytrikart.
- If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Mytrikart by sharing multiple address and phone numbers or transacting with malafide intentions then Mytrikart reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
Jurisdictional Issues/Sale in India Only:
The materials on this Platform are exclusively for sale within India. Mytrikart makes no warranties regarding the appropriateness or availability of these materials for use outside India. Accessing the Platform from any location outside India is at the user’s sole discretion and risk. Mytrikart assumes no responsibility for product supply, refunds, or compliance with local laws for orders placed from outside India. Any liability arising from such access shall rest solely with the user.
Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Ernakulam. The place of jurisdiction shall be exclusively in Ernakulam.
Contacting the Seller:
At Mytrikart, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Mytrikart about the seller, you may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, you may also reach out to customer support at contact Mytrikart.com or access help center at customer care number: +919847299416
Disclaimer:
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Mytrikart. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim 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 or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Mytrikart nor shall Mytrikart have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Mytrikart within 5 days from the alleged date of delivery of product reflecting on the Mytrikart portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Mytrikart disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Mytrikart portal.
Open Box Delivery – Open Box Delivery is currently available only in select pin codes. In case of COD, the payment of the product must be done before opening the box. In Open Box Delivery, our delivery partner will open the package in front of you at the time of delivery. Both the outer as well as the brand packing is opened and shown to you. This ensures that you thoroughly check the product and accept its delivery only after being satisfied. In case you find the product or parts of the product to be missing, damaged or different from what you ordered please do not accept the order and ask our delivery partner to take it back. In case of COD orders, you’ll get on-spot refund immediately from our delivery partner. In case of prepaid orders, the refund will be credited back to the source. For electronic devices, in case you find the device to be defective upon turning it on, you may contact our customer care
Cart Notification
You understand that, in the event selected products in your cart is out of the inventory, Mytrikart provides You an option in your cart to select the product of another seller, you understand that price of the product by another seller may differ.
Multiple Sellers
You understand that products of a particular style may be sold on the Platform by multiple sellers and the product price on the listing page of the Platform, may not always reflect the lowest price for that particular style. This is because the seller whose price is displayed on the list page is selected based on the application of a number of parameters and price is only one such parameter. However, once you land on the product display page on the Platform for a specific style, You will have access to the price offered by all sellers on the Platform for the relevant style.
Charges
Subject to the Terms of Use and the below terms and conditions, Mytrikart may levy a charge on all low value orders on the Mytrikart Platform, as detailed in FAQ (https://www.Mytrikart.com/faqs) and for cases provided under point 5 below.
- The fee shall be specified on the shopping bag page on the Mytrikart Platform.
- The fee shall be charged on the overall order value.
- Mytrikart reserves the right to modify/waive off the fee from time to time.
- The Fee shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to Mytrikart International Private Limited.
- To protect the rights of customers, Mytrikart reserves the right to collect this Fee for all orders and disable cash on delivery option for accounts which have high percentage of returns and shipments not accepted, of the number of orders placed through such accounts.
Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
(Name of the officer)
Designation
Mytrikart International Pvt Ltd
69/1854/A1, SRM Road
Ernakulam North
Pin 682018 Kerala
Contact Numbers: +61478895259, +919847299416
Email: mytrikart@gmail.com
Customer Support: You can reach our customer support team to address any of your queries or complaints by clicking the link, selecting your order: https://www.Mytrikart.com/contactus