TERMS OF USE
This website, www.groupkart.store (the "Website"), and the mobile application "Groupkart" (the "App") (collectively referred to as the "Platform") are operated and managed by Orgfarm Inc (the "Company"). The term "Company" shall collectively and individually refer to each entity that operates and manages the Platform for the purpose of conducting retail business
1. Your Use of the Services
Groupkart grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms,and any other Groupkart policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Groupkart’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Groupkart provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services, you will adhere to the Groupkart Community Guidelines for Customers (which may be updated from time to time) and any other applicable Groupkart policies, and you will respect those who you encounter in your use of the Services, including Third Party Providers, Groupkart personnel, and individuals who support Groupkart’s Help Center. Groupkart reserves the right to decline orders, refuse partial or full delivery, terminate or restrict access to accounts or Services, and/or cancel orders at any time in its sole discretion.
If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Center articles for our policies regarding the same. Please note that once a shopper has begun shopping your order and/or delivery has begun, you may no longer have the option to reschedule or cancel the order. If we are able to reschedule or cancel your order, you may be charged a fee and/or may not be refunded for items that have been purchased on your behalf.
2. Groupkart Communications
By creating a Groupkart user account, you agree to accept and receive communications from Groupkart or Third Party Providers, including via email, text messages, calls, and push notifications to the mobile/telephone number you provided to Groupkart. You understand and agree that you may receive communications generated by an automatic telephone dialling system and/or which will deliver prerecorded messages sent by or on behalf of Groupkart, its affiliated companies, and/or Third Party Providers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings or by using the unsubscribe mechanism included in the message, where applicable. You may also opt out of receiving promotional text messages from Groupkart by replying “STOP” from the mobile device receiving the messages.
3. Groupkart Coupons
Groupkart Coupons are coupons that are applied to qualifying products upon purchase to help users save money on certain products. Coupons are available for a limited time only and may be subject to certain restrictions and subject to related manufacturers’ or retailers’ terms. Coupons are subject to change, cancellation, or expiration at any time, and to the terms and conditions of the relevant coupon offeror. If you do not purchase the qualifying items added to your cart while the coupon is still in effect, the coupon’s offer will not apply. Coupons are only valid when applied to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates.
4. Third-party Products and Content
You agree that Groupkart does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does Groupkart assume responsibility for your interactions with any Third Party Provider (including a Retailer). You further agree that Groupkart does not warrant or guarantee that any product information contained in the Services is accurate, complete, reliable, current, or error-free.
5. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
The services are provided \"as is\" and \"as available.\" groupkart disclaims all representations, conditions, and warranties, express, legal, implied, or statutory, including the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. in addition, groupkart makes no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services, any services provided by third-party providers, or goods requested through the use of the services from retailers, or that the services will be uninterrupted or error-free.groupkart does not guarantee the quality, suitability, safety or ability of third-party providers or retailers. you agree that the entire risk arising out of your use of the services, any services provided by third-party providers, or any products requested by you or delivered to you, remains solely with you. the services, website, and software are subject to periodic changes, which may be made at any time and without notice to you.
6. LIMITATION OF LIABILITY
In no event shall Groupkart (including its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the services, or these terms, however arising including negligence, even if Groupkart or Groupkart agents or representatives know or have been advised of the possibility of such damages.
U.S. federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitation of certain liabilities, so the above exclusions may not apply to you. these terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. the exclusions and limitations under these terms will not apply to the extent prohibited by applicable law.
7. Indemnification
You agree to defend, indemnify and hold harmless Groupkart and its officers, directors, employees, agents, shareholders, subsidiaries, affiliates, and retail partners (each, an \"Indemnified Party\") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Services using your Groupkart user account; or (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider.
8. Disputes & Arbitration
This Section 15 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Groupkart, including but not limited to those that arise out of or relate to: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications or any information contained on the Services; (c) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services or your consumption or use of those goods or services; or (d) any other aspect of your relationship or transactions with Groupkart as a consumer. You and Groupkart agree that the Retailers from which orders may be placed and goods may be purchased through the Services and/or through white label sites that are powered by Groupkart are intended third-party beneficiaries of this Arbitration Agreement.
Informal Dispute Resolution: You and Groupkart agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. Therefore, before initiating formal proceedings, you and Groupkart agree to first attempt to work out any such dispute amicably. The initiating party must give notice to the other party in writing of its, his, or her dispute, including a written description of the dispute. For any dispute you initiate, you agree to provide written notice to:
Groupkart
7759, Creek Bend Way,
Sacramento, CA 95829.
Email: support@groupkart.store
SEVERANCE OF ARBITRATION AGREEMENT
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, Representative Action Waiver above is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
9. Termination
You can stop using the services at any time and without notice to us. Similarly, Groupkart may terminate access to the Services to you or any other users or stop offering all or part of the Services at any time without notice. In the event of termination, Section 1 and Sections 4-22 survive and continue to apply to you.
10. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Groupkart, shall constitute the entire agreement between you and Groupkart with respect to the Services and any use of the Services. If any provision of these terms is found to be invalid by a competent court jurisdiction, that provision will only be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
11. Assignment
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Groupkart may assign its rights, licenses, and obligations under these Terms without limitation.
12. Changes to the Terms
We may make changes to these Terms from time to time. When Groupkart does so, Groupkart will post the most current version of the Terms on Groupkart’s website and, if a revision to the Terms is material, Groupkart will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
13. Copyright and Trademark Policy
Groupkart respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Groupkart will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at Groupkart’s sole discretion and without notice, who infringe copyrights or other intellectual property rights.
14. Contact Information
If you have any questions, or comments about these Terms please contact Groupkart at:
Groupkart
7759, Creek Bend Way,
Sacramento, CA 95829.
Email: support@groupkart.store